Falang Name On Land Title

[chechoie]

Most Thais see foreign ownership of land in Thailand as an invasion thru the back door and the mere mention of it as some kind of sell out of Thai rights.

Oh, I know that they have other reasons, one of them being,

“if we let them buy, the price will go up and the average Thai will never be able to buy land in his own country”.

Well as we can see the price is going up and very rapidly even without foreigners buying.

At some time in the not too distant future, South East Asia will have to get real and start allowing foreign ownership in their countries, it makes an economic sense that even they cannot ignore for ever.

The Thais, though, are a different proposition.

I would have thought that if any Thai can push thru a policy for foreign land ownership, past the old guard politicians and past this fear of being swamped and fear of culture erosion the Thais have, it would be the famous Mr Taksin, he is after all a business man first and foremost.

Anyway my question is this :

How long do you think it will take the Thais to pass foreign land ownership laws, 5 years? 10 years? 20 years/, never?

[Tornado]

I think a long time (over 20 years), if ever.

A lot of revenue would be taken away from setting up companies, company taxes and all the flow on from that. The way I see the speed of land aquisition in Phuket, there would be no reason for them to change the laws now as they would be losing cash by doing so.

I hope Im wrong.

[Sumitr Man]

For what it is worth - and I agree it is not a lot - I see the issue of land ownership in Thailand as one of 'control'. A few hold sway over the many. But what else can they do - they wouldn't want to open up a competitive market by agreeing to sell to the imprialist foreigner - heaven forbid!

It's all a smokescreen. For example, the family of the current PM is one of the largest landowners in Thailand (didn't she recently buy a block of land in Ratchada-phisek?), so why would they want to change anything?

Also, why do you think repossession of land (against debt) is seen as such a joke. Who you going to sell to?

For this reason, 20 years would be bare minimum...

SM

[kurtgruen]

Got a usufruct and it sure put my mind at ease. Three properties, totalling about 5 Rai of #1 Chanot land. Cost me less than 200 Baht total for the three Usufructs, which were also registered in my name on the Chanot (Thai spelling of my name and yes, I did get it checked ;-)

I did it myself, but would suggest using one of the law firms here, which were also very helpful and really don't charge a lot for the service. If you can't read Thai, get a lawyer, you'll sleep better afterwards LOL

So now, I feel safe and secure, unless my wife ever decides to divorce me, in which case, I would quickly register a 30 year lease in my daughters name (Which is my right as the Usufructary), which would protect us for another 30 years.

So I don't see the need of owning anything in this country. The Usufruct seems quite a fine way of protecting myself for my lifetime and possibly 30 years beyond, even though I don't really care what happens after my death to my rights :-)

Not sure why people still bother with just 30 year leases, when you can have a lifetime usufruct with the right to give others up to 30 years of lease.

Anyways, that's my little two cents worth.

I'm still trying to find a good thread for building and registering the house in my own name (preferably before I start building), if anyone can suggest a good link?

Cheers

Mon and Kurt

Chiang Dao

[Khun Jean]

Got a usufruct and it sure put my mind at ease. Three properties, totalling about 5 Rai of #1 Chanot land. Cost me less than 200 Baht total for the three Usufructs, which were also registered in my name on the Chanot (Thai spelling of my name and yes, I did get it checked ;-)

I did it myself, but would suggest using one of the law firms here, which were also very helpful and really don't charge a lot for the service. If you can't read Thai, get a lawyer, you'll sleep better afterwards LOL

So now, I feel safe and secure, unless my wife ever decides to divorce me, in which case, I would quickly register a 30 year lease in my daughters name (Which is my right as the Usufructary), which would protect us for another 30 years.

So I don't see the need of owning anything in this country. The Usufruct seems quite a fine way of protecting myself for my lifetime and possibly 30 years beyond, even though I don't really care what happens after my death to my rights :-)

Not sure why people still bother with just 30 year leases, when you can have a lifetime usufruct with the right to give others up to 30 years of lease.

Anyways, that's my little two cents worth.

I'm still trying to find a good thread for building and registering the house in my own name (preferably before I start building), if anyone can suggest a good link?

Cheers

Mon and Kurt

Chiang Dao

If the land is owned by your wife and she was the one giving the usufruct i think you should not be 100% at ease with it.

When in the case of a divorce she could revoke the usufruct leaving you with no right to the land at all. Also you need approval to make a 30 year lease to someone else. The landoffice will need a signature of the owner.

So to be short and clear.

The usufruct will NOT give you the protection you think.

Only when you get a usufruct from someone not being your spouse would you be protected. But even then you need the signature (approval) of the owner to register a lease.

Read the topic started by Isaanlawyers to get some more details.

[Pib]

This is an addendum to my previous topic about the same subject.

A lawyer friend of mine checked this out and this is what he told me.

The Thai legal term "Sitthigapgintalordsheevit" is a translation from Roman Law of the term "Usufruct".

He said the best way to describe it in our way of thinking is "A lifetime lease"

My signature is not required for the wife/owner to mortgage or sell the property, but that would not affect my rights to life time inhabitance. So, it effect, no one would buy it or loan money on it with my name on the title.

I cannot sub lease the property.

Potential problems, if the owner dies, that does not effect my rights, but maybe the new owners unlawfully force you out. Of course of the owner has a will, then it's carried out.

This is nothing new, but I guess not used much. Hard to say

It seem like a suitable way of helping to secure my assets. It's funny that this couse of action seems to be not really know about?

It costs 75 THB to add this to the land deed/title.

If anyone want's a copy of the part of our title that has this on it, e-mail me and I will send a copy. address [email protected]

Yeap, you have an Usufruct and how easy or hard it is to get varies from land office to land office depending on a variety of factors (e.g., land office knowledge of a Usufruct, feelings towards farangs, whether you had Usufruct contract paperwork registered with the land transfer, etc). And at some land offices, you might get turned away initially, but if you are politely persistent (with a few phone calls from your lawyer politely explaining to the land office folks that it's a completely legal) you can get the Usufruct registered on the chanote like you talked about. I know some in this forum many be shocked to hear "it only cost 75 THB" to add the Usufruct to the title, but as you found out that is indeed the approx charge by the land office if you have a Thai spouse and do a no fee/charge transfer between you and spouse; however, many may experience the lawyer's fee of 10,000 to 20,000 baht to have the Usufruct contract drawn up to be registered.