Usufruct Or 30 Year Lease In Bangkok

[AyG]

I'm in the process of buying a house in a moobaan on the outskirts of Bangkok. I've spoken to a couple of lawyers and they're both saying that the Land Office is most unlikely to agree to register either an Usufruct or a 30 year lease. Does anyone have any recent experience of dealing with a Bangkok Land Office about such a matter?

Thanks.

[richardt1808]

Hi,

There have been a number of very informative threads here recently on this subject and all seemed to indicate that either option is certainly do-able. Did your lawyers give you any reason for their thinking ?

I am also in the process of acquiring a house in one of these places in Nonthaburi, but I'm doing it together with my Thai partner, so we have found other ways to get it done. I did originally consider the usafruct route, but it is not possible if there is any mortage on the property. ie We would first have to pay off the mortgage and I could then arrange the usafruct.

In your case, I am guessing that the developer has financed the purchase of the land and also construction of his moo ban units, so usafruct would not be possible for the same reason. Also it is possible that the developer is not a juristic entity who is empowered to grant a lease (a real lawyer could probably explain it better than me) so I can understand why you have been given this answer by your lawyers.

If you were buying a house which is 100% paid-for and owned by a Thai person, then there should be no problem.

[AyG]

Thanks, richardt1808

The two lawyers are suggesting that there's a very specific problem with the Bangkok land offices, that they won't register a lease or Usufruct when it's back-to-back with the purchase of the property. They are both suggesting that I take a one year lease (not registered at the land office), and then try for an Usufruct - but with no guarantee of success..

My Thai partner will legally be buying the house, but with all the money coming from me. I do worry that if my partner should accidentally die, I'd be left with nothing. (Of course, my partner's writing a will, which would help a bit.)

There'll be no mortgage (I'm paying cash), so I'd be curious to hear what "found other ways to get it done" means.