Land Lease In Koh Chang With The Government Land Office.

[vertigo4u]

I am trying to get a Lease on a Resort in Koh Chang

The Broker just informed me now, that - using his own Words:

....But like all leases on Koh Chang it isnt registered with the Government

Land Office.....

Is this the Truth?

I am not willing to take the Risk, that one Day the Landlord just send me away

and all my invested Money is gone

does anybody have some Experiences about this Fact?

Thanks in Advance for any Thought

[gotlost]

My experience if the lease is for five plus years on record at land office. He is trying to screw you.

[Morden]

All that I have heard is that the island is owned by the military who can take it back at any time. If that's true, then I suppose that any lease or sub-lease would be cancelled. Have you asked the local land office for advice? Have you seen the landlord's title deed?

Koh Chang must be ripe for some development - crappily built roads through people's land and such.

If what the broker said is correct, a translation might be, 'The owner is losing money because trade is bad. He would rather have rent the place out until things look up. Then he'll snatch it back'.

[InterestedObserver]

All land leases of more than 3 years must be registered at the local land office and recorded on the back of the Chanote to be legally enforceable according to the Civil and Commercial Code, Section 538. What's in play at Koh Chang is anybodies guess.

[chiangmaibruce]

You need to get (& post) more info. i suspect that the issue is the type of land title for the land in question. i'm guessing that it's basically agricultural land and that the form of title does not allow sale or lease. so most likely a risky proposition if you are putting significant money into the deal

[Changian]

All that I have heard is that the island is owned by the military who can take it back at any time.

You have heard nonsense. There is a lot of Chanote titled land here, but there is also a lot PBT5 and SK1 land and ownership of some of that is disputed, locals want to upgrade title deeds but can't. Quite a few farangs have 'bought' untitled farmland and have laughable 99 or even 999 year leases ( Yep, seriously) written up by local lawyers . The navy also have claims on a fair bit of land too. There's even a 'navy only' resort just south of White Sand beach, not marked on any map but visible from the sea - nice new bungalows and a pool. This is on the site of a previous resort that was originally built by one of the well connected locals, who is now a Kamnan in one of the villages, and he lost his court case over ownership to the navy.

But even when someone leases a small plot of land that has a Chanote or Nor Sor Sam Kor title, the local landlords wont register the leases. They have no need to as sooner or later someone will rent the land from them. This is because the amount of land available for anyone wanting to set up a small resort / business and needing a half decent location is extremely limited. There is some safety in numbers though as it's not as though it is only a handful of people with unregistered leases, it is the vast majority, virtually all I reckon, of the small farang or Thai owned resorts and stand alone businesses.

[Morden]

All that I have heard is that the island is owned by the military who can take it back at any time.

You have heard nonsense. There is a lot of Chanote titled land here, but there is also a lot PBT5 and SK1 land and ownership of some of that is disputed, locals want to upgrade title deeds but can't. Quite a few farangs have 'bought' untitled farmland and have laughable 99 or even 999 year leases ( Yep, seriously) written up by local lawyers . The navy also have claims on a fair bit of land too. There's even a 'navy only' resort just south of White Sand beach, not marked on any map but visible from the sea - nice new bungalows and a pool. This is on the site of a previous resort that was originally built by one of the well connected locals, who is now a Kamnan in one of the villages, and he lost his court case over ownership to the navy.

But even when someone leases a small plot of land that has a Chanote or Nor Sor Sam Kor title, the local landlords wont register the leases. They have no need to as sooner or later someone will rent the land from them. This is because the amount of land available for anyone wanting to set up a small resort / business and needing a half decent location is extremely limited. There is some safety in numbers though as it's not as though it is only a handful of people with unregistered leases, it is the vast majority, virtually all I reckon, of the small farang or Thai owned resorts and stand alone businesses.

Thanks for the additional information. So it's the navy rather than the military who are the problem here. A rather fine distinction if you are caught in a land grab.

The useful information that you have given reinforces my view that it's best not to lease or buy land on KC.

[Livinginexile]

I too am looking in Koh Chang for a resort/land to lease and like you I have been told from several sources that land leases are rarely registered with the land department!

Tried to find out why but no one could give me a clear reason!

[Bizz]

there is no one that can like said take your chance with the local and understand that this is Thailand and do this with a local woman.

you have been warned. aha but then again this is the way local do it.

[quiksilva]

You did not specify the length of the lease term. If it is for less than 3 years then there is no requirement for it to be registered at the land department, most leases in Thailand of 36 months or less are not registered.

If they insist on not registering a lease with a term of more than 3 years, walk away, because it will not be enforceable.

No matter how limited the land, or how good the location, without any secured rights to enjoy the premises and its benefits it is essentially worthless.

Edited June 28, 2010 by quiksilva