Can I Place Enforceable Building Restictions On Land I Sell ?

[mickba]

Is the Servitude better/stronger than a Sales Contract for being mentioned on the Chanote or not then?

sales contracts are usually called prepurchase-presale agreement. they are intentions on what to do before transfer. I dont think any court would deem a limitation in buildingheight valid when transfer is completed, since buildingheight is tessabaans responsibility

Servitude is agreed limitations on the transfered land, and if broken to be enforced in court

when a servitude, usufruct, lease, loan or other limitation is registered in land deed, possible buyers need to investigate their content at land office. most lawyers seem to charge 10k baht to do so. one of the reasons to not pay for property until transfer is accepted by land office

So it seems that a Sales Contract (as advised my my Lawyer unfortunately) would be more or less worthless, whereas a Servitude is probably the best instrument I can hope for - if I sell.

Presumably a Servitude would also be of some reassurance to a prospective buyer of the house, although I don't think I could transfer it to them could I?

[mickba]

For anyone following this thread, I am stalled for the moment.

Myself and others feel that a Servitude would offer the best solution to my problem.

My Lawyer is saying that it cannot be done. As yet I cannot understand why.

He is saying that I should do a Sales Contract, get the Buiding Permit and then transfer the lot to the buyer. I think the buyer could then easily get the Permit changed and avoid the Contract.

The proposed buyer is showing signs of impatience, but if I can only do a Sales Contract I shall not sell.

If I find that I can apply a Servtitude then it would allow me to offer both plots for sale separately or together.

At present, if I don't sell the whole, then I would have to sell the house before the other plot.

[trajan]

I have seen servitudes registered on Thai title deeds giving the dominant land rights of access ways (defined pathways/roadways) over the servient land, but Ive never seen servitudes that restrict building rights (or airway) rights on the servient land...I dont think those kind of servitudes exist here....however, maybe you could design a web of accessway servitudes over the servient land in such a way that would practically limit the maximum height of possible permitted buildings on the servient land according to the applicable zoning regs (because of set back and land to floorspace ratios etc.)...

[LennyW]

How about applying for the building liscence in your company name (to this point the land is still yours), get the plans / permit approved, then do the sale.

If any breach of plan then occurrs, kick the relevant arse!

Are you dealing with tessabaan Huay Yai or Banglamung?

If it is Banglamung then money talks, if it is Huay Yai then you will be surprised how reasonable, and right they can be!

I am sending you a PM re your neighbour.

[trajan]

I dont think merely getting a building permit in advance works to lock-in the new owner.....its not hard to apply for a change of building permit....

Edited March 25, 2010 by trajan

[mickba]

How about applying for the building liscence in your company name (to this point the land is still yours), get the plans / permit approved, then do the sale.

If any breach of plan then occurrs, kick the relevant arse!

Are you dealing with tessabaan Huay Yai or Banglamung?

If it is Banglamung then money talks, if it is Huay Yai then you will be surprised how reasonable, and right they can be!

I am sending you a PM re your neighbour.

That's about what my Lawyer is advising but I don't feel comfortable with that and I doubt the buyer would either, unless he saw how easy it would be to get round it.

It would be simple to change the plans later and maybe he wouldn't need to if he just put it up on stilts. That's still classed as single storey according to City Hall.

As for a Sales Contract, consider what it would be worth if he simply "sold" the plot on, or if I subsequently sold the house..

I think the SC route could be asking for trouble in the long run.

I need something akin to a UK covenant or I won't sell.

I believe I'm in Huay Yai and that is my address. When I (she) put in the plans for this house we started off at Huay Yai, but we were given a Nongprue address and sent to Pattaya. Later, Pattaya City Hall corrected the address to Huay Yai.

Maybe you can tell me who I would be dealing with in the future. I'm not sure, but presumably to register a Servitude I would have to go to Pattaya Land Office.

I have been sent some Pdf docs re Servituded now, so I wonder if it might be worth going to speak to someone at whichever Tessabaan to get their advice as to what I can do?

Thanks for your time.

[mickba]

I have seen servitudes registered on Thai title deeds giving the dominant land rights of access ways (defined pathways/roadways) over the servient land, but Ive never seen servitudes that restrict building rights (or airway) rights on the servient land...I dont think those kind of servitudes exist here....however, maybe you could design a web of accessway servitudes over the servient land in such a way that would practically limit the maximum height of possible permitted buildings on the servient land according to the applicable zoning regs (because of set back and land to floorspace ratios etc.)...

The explanation in the link provided above seems to suggest that b uilding rights can be restricted in a Servitude, but I'm looking for further clarification.

Thanks.

[Raptor7]

The explanation in the link provided above seems to suggest that b uilding rights can be restricted in a Servitude, but I'm looking for further clarification.

Thanks.

let us know if you can insert a "building restriction" servitude burden on a title deed....that would be interesting.......

[mickba]

The explanation in the link provided above seems to suggest that b uilding rights can be restricted in a Servitude, but I'm looking for further clarification.

Thanks.

let us know if you can insert a "building restriction" servitude burden on a title deed....that would be interesting.......

I imagine a lot of people would be interested. I'm sure even condo' buyers who value their sea view would like to know there's a Servitude on land between them and the sea restricting build height. Whether such instruments could be effective here I don't know, but I don't see why not (yes I know, TiT).

My Lawyer is still saying No. The distant online Lawyer has not answered as to whether they could effect a Servitude.

I've had a further meeting with my prospective buyer. Although I would have no direct dealings with his farang customer, it is dependent upon his approval of the site, when he returns in a week or so.

I explained the principles of applying a height restricting Servitude on the land as best I could and he said he has no problem if that's what I want to do. He said he is sure he only wants to build single storey and 8m from road level would be enough.

Perhaps more interesting is his own proposal.

Assuming that we have an agreement, he would sign a Sales Contract and pay a deposit (say 10%).

He would then proceed to first build the wall, while obtaining the Building Permit # and put in the footings. I would be allowed to be a party to the Planning Application, but he would do it (he is sure he can do this without his name on the Chanote).

One month after signing the SC (by which time I'll have seen the Planning Approval and the footings) we would complete the Sale by transferring Title to the Land and Payment of the balance due.

Although I didn't suggest it to him, it is what I said I wanted to do at the outset. He speaks English but I have a Thai assistant and it is possible she put the idea to him.

I assume the attraction to him would be cash flow, but I'm pondering what other problems there could be with this plan.

He could perhaps add a floor after transfer, subject to footings being adequate, but that seems unlikely. The only way I could be more confident would be to delay completion until the roof is on. That would be some months further on, but safer. If cash flow is an issue to him I don't see why he wouldn't agree. It would basically mean getting a fix on his timetable, at least to the roofing stage.

I'm pondering, but, subject to farang's approval, it does seem there are ways forward.

Any constructive thoughts always appreciated.

[mickba]

Heard from the online Lawyer and sent some more info' so now waitng to hear back.

They have to check whether/how it can be done at Pattaya.

[Zstarx]

No.......Just look at View Talay 7 in Pattaya !!

[LennyW]

No.......Just look at View Talay 7 in Pattaya !!

You must have a few units in VT7, thats the second thread in this forum i have seen you mention VT7.

[mickba]

No.......Just look at View Talay 7 in Pattaya !!

You must have a few units in VT7, thats the second thread in this forum i have seen you mention VT7.

Is that the Condo' block that enjoyed wonderful sea views - until they built another one in front of it?

Doesn't necessarily mean they couldn't have done it - just that they didn't - but I take your point and that's why I'm concerned.

I'm still pondering.