Can A Usufruct Be Longer Than 30 Years?

[scotsman]

Be careful on what you READ on internet:

- Like: You must choose between a lifetime and 30 years-old. That's wrong. It could be for life, for 2 years, for 10 years...whatever you- want.

-Like: Your usufruct should be paying a RENT. It's not a RENT ! It's a usufruct. You don't rent. And there are taxes if not done for free. In all cases, I would suggest to make it FOR FREE. Why? First, you avoid taxes. Second, its linked to the concept of Sin Suan Tua (personal property) and Sin Somros (Common property). If it's a gift, it will enter into PERSONAL PROPERTY. And in case of divorce, you keep PERSONAL PROPERTY. If you are not married, SAME. Some people tend to think that if you pay, you have more protection. In Civil Law, concepts like undue enrichement or breaking (voiding) an agreement could result in some restitution (money back). Reality is I haven't seen ONE usufruct cancelled. And if your contract is well written, a person won't be able to say: I didn't know what I was signing!

-Like: Does it have to be issued at the Amphur? WOW ! A usufruct is NOT issued. It's an agreement. It's concluded, it's signed, it's agreed. NOT ISSUED. It's not like a driving licence! The agreement is REGISTERED at the land department. And if you go at the Land department without signing another good contract on the side, there are many benefits that you won't have. Example: Who will retain the title deed? Don't think the land department has forms for that... No. So, it worths paying 5,800 or more to get a usufruct register and protect your rights. Good law firms will customize your agreement. Whoever you choose. And yes, you should "Shop" your law firm.

-Like: She can have it ANY TIME REVOKE. BUL#&SHIT. Send me some cases and examples because I haven't seen one so far. I'm not saying it's impossible. I'm saying I haven't seen one. People are talking like it's UNAVOIDABLE, dangerous, a sure thing. No way!

If your lawyer can't avoid the application of 1469... if he FULLY THINK IT APPLIES (which I don't...and I wrote previously lawyers disagree on that, I would say that you need more than a divorce to cancel that, other serious arguments), then, you should change law firm. How do you revoke a registered agreement? Maybe going to Court? How long does it take? Any ideas? Long....Are there ways while this is processed that you can MAYBE affect rights of third person so 1469 don't apply? Answer YES.

I give you another trick. Land belongs to X, a Thai person. You are married to Y, your Thai wife. And you are F, the foreigner.

Instead of buying for your wife and your wife grants you the usufruct... you do this.

X grants you the usufruct.... and X AFTER transfer the property to Y. You don't have any contract with Y. 1469 doesn't apply. 100% sure. But X has to agree.

That's why I don't write often on forums and don't like to comment on law. Each case is different. Probably someone will come and ask explanations, why do I say that, another one will try to find something wrong in what I wrote, blablabla. There are other aspects that are neglicted and nobody wrote about them. That's why you might need a specialist. Example, you can register a usufruct on Nor Sor Sam. But do you know you need to make an announcement of 1 month? On Nor Sor Sam Gor, you don't have to do it...

Isaan Lawyers is building a database in Law at Thailawonline. (not the same as previously mentionned, which is also a very good source. I know Robert from Thailandlawonline and he is a nice guy, and very good lawyer). Thailawonline is not a law firm providing agreements online. It's a legal database in English.

We hope to give accurate and good legal information there. It's still under construction, I do work on it 30 minutes per day.

It's a very long job to update as much information as we can, in all fields of Law.

Enjoy.

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www.isaanlawyers.com

www.isaan-properties.com

www.roietmap.com

www.surinmap.com

This is a good post from another thread about usufructs from Issan Lawyers that show that if you were married to the land owner your usufruct agreement is still very strong and there has been no usufruct contract ever being overturned to his knowledge. You can also see that a usufruct agreement can be for any time you want but as I said in my other post that is not always the case as some land departments don't want to give you a life time one and make it very difficult for you.

regards

Scotsman