Farang (with Thai Bf) Ownership Of House/building (not Land)

[sunluvr]

I know some will suggest that this topic would be better moved to the real estate/housing forum but my question here is specific to a foreigner with a same-sex Thai partner that wants to build a house on land owned by the Thai SO (significant other) or possibly by his family. I also know much has been written in other forums on TV about farang ownership of house/building and I have tried to find and read all of it, but must say I find it confusing, conflicting, vague at times, and most specific explanations of the kind of answers I am looking for relate only to legally recognized husband/wife scenarios. From what I have read about Tabien Ban/Baan/Bahn, its pretty clear that the Blue book is only for Thais and Yellow book is for foreigners, but it seems mostly that the Yellow book is more for confirming a farang's residence and not clearly confirming his ownership of the house/building.

I would be greatly interested in hearing from other farangs who are in this type situation themselves, or know firsthand others that are, and how they went about the whole process, any pros, cons, other ways of accomplishing the same thing - obtaining some kind of security that after building on their SO (or family's) land, that they would retain absolute right to use the building as they see fit, for as long as they live.

[ProThaiExpat]

Your mindset should be as if you were dealing with a Thai stranger and his family, since Thai law does not recognize your relationship. That said, clearly, you need a legally binding document that gives you the right to use the land of another, in other words "an estate" in land.

There is basically two types of documents that give you such a right in Thailand. A lease and a usurfuct.

A lease is for a defined length of time and a usurfuct can be for your lifetime. In western countries following common law, the right to occupy land for life is called a "life estate", the length of the right is the life of the individual given the "life estate", referred to as the "measuring life".

A usurfuct is basically such a right and has its origins in European law, as opposed to the "life estate", which is English law originally.

Clearly, you need a usurfuct for the land of your Thai boyfriends family and you should obtain the services of a competent Thai attorney to prepare one for you and to make sure the document is properly recorded at the local land office. Yes, the land office does have such forms and would help you to fill it out and record it properly if you speak Thai.

If you do not expect to live more than 30 more years, a land lease will suffice. Those also can be obtained at the land office or through a competent attorney. There has been some talk of lease periods longer than 30 years being established as a change in the law, however, I do not know the status of that "announcement".

Once you have establsihed your right of possession to the land in question through the usurfuct or the land lease, your set to build your house, contracting in your own name for the purchase of materials, utilities and the like. If you use a reputable builder, make sure your lawyer reviews the contracts with the contractor so you have documents that make it clear the house is owned by you after you have paid for it.

You might suggest to your lawyer, when he draws the usurfuct or land lease, that he put in some gratuitous language regarding your right to "quiet enjoyment" of your estate in land and the financial penalties you establish in the contract for the owner of the land or his successors for "breach of quiet enjoyment". Probably of little legal effect, but most daunting for any "family" to contemplate if they want to disturb you in your use of the land.

While you may be contemplating a "gift" of the land in question for your life, your lawyer may suggest that making a payment for the right to use the land be in the contract to make it more enforceable.

You might consult this website for further information: http://www.samuiforsale.com/

Good luck and email me with further detailed questions at prothaiexpat (at) gmail.com. Yes, I fit the profile of the persons you say your seeking help from and then some!!

[PeaceBlondie]

In addition to ProThaiExpat's situation, I know of several more, including his late next-door neighbor, a Thai friend in San Kampheng who lost his long term lover, a friend from the same village, a late friend who built a home on his boyfriend's land, etc. It can be done.

[onni4me]

In my opinion the relationship should work out without buying any property. As long as I can't own it without difficult legal procedures, I give it a slip.

I've seen too many houses that after 'the thrill is gone' are left empty or some relatives living in them. We sometimes tend to look new things in our lives (not necessarily a new guy) and head back to Farangland. This, of course depends on age and life situation, but I myself am too young to be attached to one place only.

I consider this kind of Thai thinking very normal. Property and land is a safe heaven in case something happens. I sort of can understand it but Thais are not helpless - or at least they shouldn't be - and as such I would strongly recommend them to work and buy their own property. Too much of lazy attitudes and expecting things for free. But as an investment it's doomed to fail since Thais are not interested buying old buildings or flats. Renting is cheaper and You can leave the premises whenever one wishes. Only negative side being that You can't decorate or alter the rented place as what You might wish.

In the recent economical circumstances, I would caution everybody thinking of investing anyway.

Edited October 13, 2008 by onni4me

[PeaceBlondie]

Good point, onni. Farang even more than Thais are conditioned to think that they must own a building to establish themselves as landed gentry. I find that rent works fine. My LTR has always dreamed of owning his own land and house. I can't blame him, since his family were squatters for decades. But as millions of American families are learning, you can lose that home.

The idea that a farang can arrive, find a Thai partner of either gender, and build a fine home for spare cash - what a dream come true. Many a Thai girl or guy can fake a few orgasms to get that.

[flightcrew1]

Many a Thai girl or guy can fake a few orgasms to get that.

Oh I could not have said or thought it better!!

On another point building a house on a boyfriend or girlfriends parents land is just asking for trouble. I may be pesimistic but I've read too many of threads and heard too many stories that is just sounds like trouble!

[Eman]

Many a Thai girl or guy can fake a few orgasms to get that.

Oh I could not have said or thought it better!!

On another point building a house on a boyfriend or girlfriends parents land is just asking for trouble. I may be pesimistic but I've read too many of threads and heard too many stories that is just sounds like trouble!

Can a guy fake it ?

[sunray69]

<br />

Many a Thai girl or guy can fake a few orgasms to get that.

<br /><br />Oh I could not have said or thought it better!! <br /><br />On another point building a house on a boyfriend or girlfriends parents land is just asking for trouble. I may be pesimistic but I've read too many of threads and heard too many stories that is just sounds like trouble!<br />

<br /><br />Can a guy fake it ?<br /><br /><br /><br />

<br /><br /><br />

Gay men loves sex, except if u are old, fat or ugly he might be with you just ONLY for money... but dont worry even if u are handsome he might also be with u for money...

[Boifromoz]

theres a difference between inlove and insane, you my friend are insane, goodluck to you....