Usufruct Recognized In Ubon Land Office?

[RY12]

I've been reading up on the usufruct and apparently some Land Offices recognize them and others are completely unfamiliar with them... anyone know their status in Ubon? Is the usufruct the safest way to ensure farang property rights in Isaan? I don't want to set one up only to find that it's later unenforceable (i.e. the land office would just let her sell the property without my permission).

Edited June 5, 2008 by RY12

[Thaddeus]

A usufruct is valid under Thai law and, therefore applies everywhere, some land offices may be unfamiliar with them but that doesn't make any difference.

Plus, as far as I am concerned, the Usufruct is an agreement between you and the land owner, not the registry office.

Why not ask Isaan Lawyers (one of the forum sponsors) if you are in any doubt. I'm sure they can put your mind at ease (and do the job for you)

Edited June 5, 2008 by Thaddeus

[Chaimai]

I've been reading up on the usufruct and apparently some Land Offices recognize them and others are completely unfamiliar with them... anyone know their status in Ubon? Is the usufruct the safest way to ensure farang property rights in Isaan? I don't want to set one up only to find that it's later unenforceable (i.e. the land office would just let her sell the property without my permission).

I have just registered one in Prakhon Chai when my girlfriend bought land. Isaan Lawyers - Sebastian and Nut handled it for me and Nut attended all day to ensure that the Land Office accepted registration. It is there for all to see on the back of the Chanote.

Isaan Lawyers were excellent. I set the whole thing up by email from the UK before I came to Thailand to complete the purchase.

[Somtham]

I've been reading up on the usufruct and apparently some Land Offices recognize them and others are completely unfamiliar with them... anyone know their status in Ubon? Is the usufruct the safest way to ensure farang property rights in Isaan? I don't want to set one up only to find that it's later unenforceable (i.e. the land office would just let her sell the property without my permission).

My wife and I registered a usufruct last month at our land office and it was definately the first one they'd done for a foreigner. The guy told me it was a very common practice for Thais and gave the example of Thai parents giving their land to their child and then getting the usufrcut to make sure the kids let them live their. Here's some notes I took from our experience:

"We arrived just after 10:00am and were soon told to go talk to one of the managers. We gave him a copy of the usufruct and he read through it then stated he's worked there 20 years and never saw one for a froeigner. He said there's a standard document they use for Thais but never for a farang. He asked me "are you afraid your wife's going to sell the land?" and I answered "no, I'm afraid if she dies before me her parents are goign to sell the land!". My wife then added that I've sold my house in the US and this is the only place I have to live.

Anyway, he went and talked to his boss, number 2 guy at the office, and came back with a huge book, I believe the land laws of Thailand, and started looking for a particular number. Meanwhile, #2 guy came back over with the land office #1 guy and asked me the same question, "are you afraid she's going to sell the land?" The guy could not find what he was looking for in the book so he called the land office in Nakorn Sawan (largest province near KPP) and again, they had never seen a usufruct. He then thumbed through another huge book that looked like a who's who of land offices in Thailand complete with pictures and phone numbers and called somebody I assumed in BKK. Same result, never heard of it.

He said we didn't need the usufruct and he would use the standard Thai form. He then put our papers on the stack and asked us to wait. So we waited until almost 4:00pm before they called us over. I was handed a bill for B75 to go pay by the guy that works the counter. When I showed him the receipts after paying he started typing away. When we were called back I insisted he add the signed usufruct from the lawyer to the chanote and he did with no issues. He also had my wife and I sign 2 new Thai forms and I got my name added to the bottom line of the Chanote!!"

Overall they were very friendly and helpful and I got the feeling that had I paid a small amount to the officer it wouldn't have taken all day.

Good luck and regards

[ThaiLawOnline]

Usufructs are recognized everywhere in Thailand. However, some land departments seems to be reluctant to register some agreement in some conditions. Especially Kalasin and don't ask me why!!!!!

These agreements are very solid. There are many ways to draft a usufruct agreement, just like there are many ways to write a lease agreement, or a will, or any document.

It's not uncommon to wait many hours at the land department before getting a transfer of ownership or be able to register a lease or usufruct agreement.

If you visit our website, I wrote a complete article on usufructs.