Usufruct

[bcross2001]

Does anyone have the legal particulars for this process - I seem to remember that someone posted them before?

Thanks

Barry

[oracle]

You go to the land office where the land is located with the owner, take the official documents and say you want to register a usufruct for your lifetime or for a period up to 30 year. They have a standard contract that is good enough for that, should cost you a few bath. You could take a lawyer and let a lawyer draw up this contract for you but the result is the same

[villagefarang]

We only paid 75 baht and there was no need for a lawyer. It is a very simple straightforward form.

Edited January 4, 2010 by villagefarang

[sorensen]

You can see a samlpe contract here:

http://www.samuiforsale.com/sample_thai_us..._agreement.html

[mxr]

what is the thai name for usufruct? i have to explain it to my wife, a thai name for

it would be good... thank you

Edited January 4, 2010 by mxr

[oracle]

what is the thai name for usufruct? i have to explain it to my wife, a thai name for

it would be good... thank you

สัญญาให้สิทธิเก็บกิน = usufruct agreement (done with google translate). If you do a google search with google.co.uk and search with สัญญาให้สิทธิเก็บกิน then you find a lot in Thai and you can automatically translate it to your language. If you are Swedish you search with google.se and you can automatically translate the webpage to Swedish. I learned this trick from a bar girl next to me in an internet shop writing to all her boyfriends for money

[mxr]

what is the thai name for usufruct? i have to explain it to my wife, a thai name for

it would be good... thank you

สัญญาให้สิทธิเก็บกิน = usufruct agreement (done with google translate). If you do a google search with google.co.uk and search with สัญญาให้สิทธิเก็บกิน then you find a lot in Thai and you can automatically translate it to your language. If you are Swedish you search with google.se and you can automatically translate the webpage to Swedish. I learned this trick from a bar girl next to me in an internet shop writing to all her boyfriends for money

thanks oracle.... i saw that once too, she was writing a detailed email to her man overseas talking about their apartment and some repairs that are needed, and asking him to transfer money, then a few minutes later some guy called her, then came to meet her at the coffee shop... real nasty ho...

[TongueThaied]

We only paid 75 baht and there was no need for a lawyer. It is a very simple straightforward form.

Your 75 baht contract may be good as gold, but nobody can really know until the day comes that it undergoes a legal challenge. I confess I know nothing about Thai lawyers, but I would probably err on the side of caution and hire one for anything involving a significant investment like land or house. I am a recovering lawyer from the US and only saw the cases the turned to sh!t when somebody tried to stir things up, and I saw a lot of them. Like the many people who used the $10 American Will Kit (saved a ton of money cutting out the lawyer), only to have their wishes completely frustrated by an unhappy heir's legal challenge. Of course the "frustrated" party was dead anyway . . . Usually one goes through life and the problem never comes, but if it does, it pays to be prepared. So, the choices are: (1) pay little now (the sure thing) and maybe or maybe not pay big later, or (2) pay more now (the sure thing) and maybe or maybe not save a lot later. Or maybe I'm out to lunch because I am clueless about the Thai legal system.

[TongueThaied]

This is the best post I have seen here on usufructs. I was authored by By Sebastian H. Brousseau, LLB, B.Sc., Attorney-at-Law (Quebec, Canada), Managing director of Isaan Lawyers.

It is here: http://www.thaivisa.com/forum/Wanted-Usufr...Th-t171307.html

Good luck. Let us know the story.

[villagefarang]

I'm sure many will find that link useful and informative.

[caf]

You go to the land office where the land is located with the owner, take the official documents and say you want to register a usufruct for your lifetime or for a period up to 30 year. They have a standard contract that is good enough for that, should cost you a few bath. You could take a lawyer and let a lawyer draw up this contract for you but the result is the same

I suggest the op researches the differences between usufruct and superficie and looks at the points made on several threads concurrently running here on Thaivisa

Pushed by developers I know and some lawyers too; but a usufruct can be voided between husband and wife which is why it can be extreemly dangerous.

caf

[scotsman]

Yes a usufruct can be canceled by spouse but if you get a usufruct drawn up before marriage it can't be Canceled and you can get one for your life time or 30 years and you can lease the land & House out to a third party. If you are married then I would go down the superficie route but in both cases I would also get a good Will drawn up between your G/F or spouse as you can inherit the property in the Death of your partner but have one year to sell it or change the ownership of the land into another Thai name.

Regards

Scotsman