Just Got My Usufucts And Have Questions About House Ownership

[kurtgruen]

Hi guys,

Just got my Usufucts for three of our properties the other day. All legally registered on the Chanots as well...

My question is....how do I go about building the house in my name now? Presently, the properties have no improvements on them yet. I want to build my house on one of them, but would like to have the house in my name. Can I do this, before I start building? What is the process?

My plans are almost ready and I am just about ready to take them to the landoffice to apply for a building permit. Is that all I need to show proof that the house is mine, after it's finished, or do I have to jump through some other hoops?

Cheers

Mon and Kurt

[BL4u]

Hi guys,

Just got my Usufucts for three of our properties the other day. All legally registered on the Chanots as well...

My question is....how do I go about building the house in my name now? Presently, the properties have no improvements on them yet. I want to build my house on one of them, but would like to have the house in my name. Can I do this, before I start building? What is the process?

My plans are almost ready and I am just about ready to take them to the landoffice to apply for a building permit. Is that all I need to show proof that the house is mine, after it's finished, or do I have to jump through some other hoops?

Cheers

Mon and Kurt

Are you married to Mon. Is Mon the owner of the land? If you are married do you have you registered a prenup before marriage?

Generally the owner of the land becomes the owner of the things fixed to, or forming a body with the land. You can own the house as a foreigner, but when the usufruct ends your right to own the house ends. This right to own the house (if you lease land or have a usufruct) basically is limited to your rights to use the land.

The best advice is if you pay for the house and want to own the house is to register a separate superficies in addition to the usufruct. This could be problematic to explain to the land office, but this is according to Thai law and there is legally no reason not to allow you a superficies granting you the right to own the buildings on the land in addition to the usufruct.

What is the reason you want to have separate ownership over the house?

[Irene]

First, you need to a building permit from the district office and applied under your name. Normally, a contractor can arrange the whole procedure for you. Second, when the house is completed, then you can register the house under your name with the Land Department. Double check with your law

[chownah]

Generally the owner of the land becomes the owner of the things fixed to, or forming a body with the land.

In Thailand I think this is true if there is no proof otherwise. I could be wrong and this could be correct as I'm not totally sure. I think if you kept the receipts and documentation for everything involving building the house so that you could clearly show that you paid for everything then the house would in effect be yours....and building a structure is (I think) considered a normal use for a piece of land and since you have the unobstructed use of the land for the duration of your life I think that you are in the clear. If I am correct then the only concern would be that when you die whoever inherits the house might be forced to tear it down if they couldn't come to terms with the land owner since there would no longer be an agreement for the land to be used as a site for the house after your death....again I could be wrong but that is how I understand the process now mostly based on what I have read here.

Chownah