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Posted

I'm trying to draw up a lease document on a parcel of land in the mountains and want to make sure I cover all the details in a legal and fair manner both to me and the owner.

The land doesn't have the 'first class chanot', but the 2nd one down and belongs to my friend's mother in law, who has offered it to me.

the following are the first conditions that come to mind.......am I overlooking anything??

1] I hope to get up to a 30 yr term

2] with right to sell or transfer my lease rights

3] survivorship to wife and kids

4] legal access for term of lease

Should I have a condition that I be reimbursed for my investment [improvements] if the land should be sold from underneath me.......or by having my name on the title, [with lease attached?] registered with local land office.....would that protect me??.

Or would there be any advantage to having the lease name with my Thai wife??

Any comments would be greatly appreciated before I enter into this.

Posted

If the land title isn't a chanote then it must be a nor sor 3 or nor sor 3 ghor or else a lease cannot be registered. However, why are you considering a lease in the first place when you already have a Thai wife, wouldn't it be better to simply buy the land in her name and save the lease costs?

You cannot block a land owner from selling his land even if you have a lease right on the land since such a prevention would be against the law. However, your lease right will have to be honoured by a new owner, this is also law.

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