Usufruct - Can It Really Be For Life?

[AyG]

A lawyer has recently told me that a usufruct can be executed for life. However, the registration at the land department is only for 30 years and needs to be renewed after that. Is the compliance of the land owner required for the renewal of the registration? Can the land owner block the renewal?

In other words, is what appears to be a usufruct for life in practice only for 30 years?

[LennyW]

Read this..., in particular section 1418.

Usufruct.pdf

[AyG]

Read this..., in particular section 1418.

Usufruct.pdf

Thanks for the reply, but it doesn't really answer the question. Whilst it appears on the surface that a usufruct can be for life, it can only be registered with the land department for 30 years. What does that mean in practice?

[InterestedObserver]

You are mistaken. A lifetime usufruct can be registered on the land title (chanote) by the Land Department. See Section 1418 of the Civil and Commercial Code. It is a lease that can only be registered for a maximum of 30 years by the Land Department.

[AyG]

You are mistaken. A lifetime usufruct can be registered on the land title (chanote) by the Land Department. See Section 1418 of the Civil and Commercial Code. It is a lease that can only be registered for a maximum of 30 years by the Land Department.

That's exactly what I thought. However, the lawyer concerned emailed me stating:

"Note that while a Usufruct may be executed for life the registration at the

land department is made only for 30 years not for life of the beneficiary

and has to be renewed after 30 years…"

I really can't work out what the real situation is. Is the lawyer wrong?

[InterestedObserver]

Unless you are talking about a juristic person (business) or a specific land office that refuses, as a matter of local policy, to register the lifetime usufruct, then you need to ask another real estate lawyer.

[stgrhe]

I suggest you change lawyer! I have a usufruct for life registered on my wife's land. You can register a usufruct for life or for a time that shall not exceed 30 years.

You are mistaken. A lifetime usufruct can be registered on the land title (chanote) by the Land Department. See Section 1418 of the Civil and Commercial Code. It is a lease that can only be registered for a maximum of 30 years by the Land Department.

That's exactly what I thought. However, the lawyer concerned emailed me stating:

"Note that while a Usufruct may be executed for life the registration at the

land department is made only for 30 years not for life of the beneficiary

and has to be renewed after 30 years…"

I really can't work out what the real situation is. Is the lawyer wrong?

Edited January 27, 2010 by stgrhe

[kennkate]

Maybe your Lawyer Knows how long you are going to live. thats why he said for Life

[LennyW]

The document is clear and quotes the Civil and Commercial Code of Thailand, as others have suggested, change lawyers.

I strongly suspect your lawyer has a hidden agenda!! IE: fund him to buy the land, and he will lease it back to you for 30 years, therafter he/his family inherits???

Read the document carefully, and change lawyers!!

[manarak]

yup, fire the Lawyer.

[caf]

yup, fire the Lawyer.

probably the sort of lawyer that tells you you can't own a car in thailland. after having a tete a tete with the wife of course.