Legal Advice Regarding Lease Contract Needed

[jagoo]

Hi,

Hope to get some feedback from people that are familiar with this issue, even better if they are leasing land already.

Here are some problems I don't understand.

I want to purchase land in the name of Thai person (it's a friend, not GF or spouse...) and then make long term lease contract with that Thai. I know that max lease period by Thai law is 30 years, but in my case this wont be enough as I'm sure I'll be very alive and kicking after 30 years , is there any way to protect my investment to I can extend lease to another 30 years? Is there a way to prevent Thai person to sell the land without my approval? Any kind of legal protection in case of death either mine or Thai person? I know all will work fine for that first 30 year period, thing after that worries me...Does anyone have any experience with this, what kind of stuff can you put into legal document/contract so it stays valid and doesn't become fantasy.

If somethign happens to me I want all my rights to transfer to my wife or child, not to have that contract unvalid just because of I'm not there any more.

Another issue, what if I after 10 years decide to sell house, I know I can do that but what happens with the land? If buyer is Thai or LTD company can I have any influence to "order" Thai person to sell the land as well?

Does anyone know really good lawyer in Phuket that can handle such complicated contract. Please only personal experience with lawyers. I don't want cheap one that will most probably mess something up.

I dont want to mess with opening company and then buying land so I dont need advices of that kind , only perfect (if there is such) lease contract that covers everything.

Thank you!

[WilliamJarvis]

Purchasing land in the name of a Thai national constitutes a 'nominee' structure and, as such, is illegal under Thai law. As such, any lease contract you enter into with the Thai national will, legally speaking, be void.

There are a number of different laws that go to this issue, but Section 150 of the Civil and Commercial Code is a 'catch all' provision.

Section 150 reads:

"An act is void if its object is expressly prohibited by law or is impossible, or is contrary to public order or good morals"