Sihanoukville

[wcr]

Given the to and fro, herein let me add {and restate} a few things.

[*]Leases. In Thailand leases are permitted up to 90 years, however they are, except in specific circumstances, comprised of 3 * 30 year tranches.

WRONG!!! In Thialand 3x 30 year leases are NOT recognised under Thai law and you will have no protection via the legal system.

30 year leases are the only legally recongnised lease, with the posibility to extend by another 30 years (should the original owner still be alive or contactable).

[cdnvic]

Correct. Nothing is guaranteed after the 30 years is up.

[stevenjm]

Not saying I am familiar with Thai law but I know numerous people who have used reputable law firms and have 90 year leases. Also from here http://www.iamkohchang.com/Real_Estate/leases.htm

[wcr]

Yes many use them. However, I will state again. Under Thai Law, you are NOT protected with a 30 + 30 + 30 year lease. They are not recognised.

[stevenjm]

Ok - don't worry, just read up on thai law. 30 + 30 recoginised but not enforcable in event of change of ownership or death of lessor.

[A_Traveller]

Given the to and fro, herein let me add {and restate} a few things.

1. Leases. In Thailand leases are permitted up to 90 years, however they are, except in specific circumstances, comprised of 3 * 30 year tranches.
   

WRONG!!! In Thialand 3x 30 year leases are NOT recognised under Thai law and you will have no protection via the legal system.

30 year leases are the only legally recognised lease, with the possibility to extend by another 30 years (should the original owner still be alive or contactable).

CORRECT!!! Tranche pertains to a negotiable legal instrument, therefore each lease is for a thirty year period, I did not say otherwise. However, under the law 90 years {3*30} is recognised as a life-time lease and may be deemed acceptable. However, such an arrangement may well be subject to legal challenge, often by the children, or successors in title, of the lessor, which is often successful under the Civil Code. The key here is to realise that much of the land law is still based on the agricultural practice of tenure, and sub-holding. As an example, the revocation of a lease may not deprive the lessee of the harvest.

There are also provincial codes pertaining to the issuance of leases, so local practice forms a parameter here too.

Regards

/edit add emoticon//

Edited October 15, 2007 by A_Traveller