Foreigners Can Inherit Land And Keep It

[Mario2008]

Ministry of Interior holds road show on rights of foreigners in Thailand

Foreigners' right to property was the final topic, with officials listing the requirements for owning and buying condos. Additionally, the spouse of a Thai person can inherit one rai of land for residential or commercial purposes or 10 rai of agricultural land if their Thai spouse dies.

Full story here: http://chiangmai-mai.../news.shtml#hd6

[Mario2008]

Above is a quote from the Chaingmai mail of June 22 - June 28 2010. It is a report of a meeting with top officials of several departments, including the land department. In it the top official states clearly that foreigners can inherit land and don't have to sell it within 1 year, provided it is less than a certain amount. I posted it already on the forum, but think this section should be discussed here.

The law seems indeed to support this story.

Section 93 The Minister shall permit the inheritance of land by an alien who is the lawful heir, but such acquisition when added to that which s already held may not exceed the amount which may be held under Section 87.

http://www.thailandlawonline.com/land_code_act_2497.html

((This is the old act, but it does not seem to be ammended by the 1999 reviosion of the act).

The amendment act can be found here:

http://www.thailandlawonline.com/land_code_amendment_act_text.html

Note that the first part of the document starts with an explanation of the changes, by the Land Department. After point 7 it states the following:

"Besides the aforementioned rules and conditions, an alien may acquire land by inheritance as statutory heir, in this instance, the land devolved when combined with the land already acquired shall not exceed that specified by law, for examples, land for residential purpose not exceeding 1 rai per household, land for commercial purpose not exceeding 1 rai, land for industrial purpose not exceeding 10 rais, and land for agricultural purpose not exceeding 10 rai per household."

This is a legal assesment of the legal division of the land department itself.

[gotlost]

Ministry of Interior holds road show on rights of foreigners in Thailand

Foreigners' right to property was the final topic, with officials listing the requirements for owning and buying condos. Additionally, the spouse of a Thai person can inherit one rai of land for residential or commercial purposes or 10 rai of agricultural land if their Thai spouse dies.

Full story here: http://chiangmai-mai.../news.shtml#hd6

Sorry but not only is your headline incorrect it is very misleading.

Additionally, the spouse of a Thai person can inherit one rai of land for residential or commercial purposes or 10 rai of agricultural land if their Thai spouse dies. If the spouse held more than the requirement, then the foreign partner has one year to sell or to give away.

[yabaaaa]

I like this section in naturalisation, vitally important........... NOT

The linguistics requirement has been reduced but the applicant must be able to sing the National and Royal anthems

So it has become a totally confusing thread can "we" own land or not and i dont mean for a year or BOI investment?

[Mario2008]

You can own land, but only if you inherit the land and it is not more than 1 rai. You cannot buy land in your name.

[Tropicalevo]

In 2005 I was told that a foreigner can own land but....................

that it has to be confirmed by His Majesty the King.

This was presented during a seminar entitled "Legal Guidance for Foreigners" offered by the Faculty of Law at Dhurakij Pundit University. (Very intersting seminar.)

[yabaaaa]

I posted this in the other thread, In theory you can own 1 rai but in practice I dont think anyone has done it?

In theory then you can own 1 rai with permission from the minister of the interior which has never been granted to any Farang as far as I Know?

Foreigners as statutory heir or inheritor under will of land

Under section 93 of the Land Code: 'A foreigner who acquires land by inheritance as statutory heir can have an ownership in such land upon a permission of the Minister of Interior. However, the total plots of land shall not be exceeding of those specified in Section 87'.

Any foreigner who is married to a Thai national is under Thai law a statutory heir of their Thai spouse can apply for ownership according to section 93 of the Thailand Land Code Act. However, the over fifty year old Section 93 of the Land Code must seen in combination with Section 86; 'aliens may acquire land by virtue of the provisions of a treaty giving the right to own immovable properties and subject to the provisions of this Code'. The last treaty was terminated in 1970 and there is currently no treaty with any country to allow a foreigner to acquire land and no minister will allow a foreigner to inherit land in Thailand. Under present law any foreigner who acquires land by inheritance will have to dispose the land within a reasonable period (meaning up to 1 year) to a Thai national. If the foreigner fails to dispose of the land the Director-General of the Land Department is authorized to dispose of the land and retain a fee of 5% of the sale price before any deductions or taxes.

Edited June 26, 2010 by yabaaaa

[chiangmaibruce]

The Minister could equally have said that the spouse of a Thai person could fly to the moon dressed up as Ronald McDonald and munching on a burger and fries.

As per yabaa's comments I'm also not aware of anyone who has gained Ministerial approval to retain land which they have inherited, of any size or shape.

As I've asked previously in this forum, if anyone knows of any instance where this has occurred then please tell us about it here and now.

[Mario2008]

The legal division of the land department clearly states:

"Besides the aforementioned rules and conditions, an alien may acquire land by inheritance as statutory heir, in this instance, the land devolved when combined with the land already acquired shall not exceed that specified by law, for examples, land for residential purpose not exceeding 1 rai per household, land for commercial purpose not exceeding 1 rai, land for industrial purpose not exceeding 10 rais, and land for agricultural purpose not exceeding 10 rai per household."

It remains the question if you realy have to read section 93 in combination with section 86. Also the section states "the minister shall" not can. He must approve.

[apetley]

Considering the delays that have been placed in the way of PR and citizenship applications for no good reason these last few years then the right to inherit land by foreigners is another one of those 'I'll believe it when I see it' situations.

[yabaaaa]

The legal division of the land department clearly states:

"Besides the aforementioned rules and conditions, an alien may acquire land by inheritance as statutory heir, in this instance, the land devolved when combined with the land already acquired shall not exceed that specified by law, for examples, land for residential purpose not exceeding 1 rai per household, land for commercial purpose not exceeding 1 rai, land for industrial purpose not exceeding 10 rais, and land for agricultural purpose not exceeding 10 rai per household."

It remains the question if you realy have to read section 93 in combination with section 86. Also the section states "the minister shall" not can. He must approve.

OK is there anyone on here who HAS done this as one poster has already said his wife died and he COULD NOT do it.???

[Mario2008]

It seems to me the local land offices don't apply the law correctly, despite the land department telling it is allowed.

Would be interesting to see what the opinion of a lawyer is to the stance of the legal division of the land department.

[jackdawson]

if it was printed in the CM Mail , it MUST be true

[gotlost]

if it was printed in the CM Mail , it MUST be true

[antony77]

It seems to me the local land offices don't apply the law correctly, despite the land department telling it is allowed.

Would be interesting to see what the opinion of a lawyer is to the stance of the legal division of the land department.

Land department officials are a law unto themselves, they interpret laws as they think they should be. I certainly would not believe that a foreigner can ever inherit land what ever the law says.

[yabaaaa]

I see the guy who spouted this story in another thread is now asking for a lawyer who can "bend the law a bit".

It cant be done as far as Im concerned and theres no proof here otherwise.

We have one guy whose wife died who said he couldnt do it and one guy who said it can be done now asking for a Thai lawyer to bend the rules................

Edited June 30, 2010 by yabaaaa

[cardholder]

The legal division of the land department clearly states:

"Besides the aforementioned rules and conditions, an alien may acquire land by inheritance as statutory heir, in this instance, the land devolved when combined with the land already acquired shall not exceed that specified by law, for examples, land for residential purpose not exceeding 1 rai per household, land for commercial purpose not exceeding 1 rai, land for industrial purpose not exceeding 10 rais, and land for agricultural purpose not exceeding 10 rai per household."

It remains the question if you realy have to read section 93 in combination with section 86. Also the section states "the minister shall" not can. He must approve.

I understand your point entirely. However, does anyone have any experience of it actually happening in practice. All the theory in the world is fine but what happens on the ground is reality.

I know that Sebastian at Isaan Lawyers experienced land offices telling him that they could not register usufructs - they accepted eventually but only after determined representation by his Thai associate who pointed out the appropriate section of the law - plus the fact that other land offices HAD accepted them.

[Mario2008]

It might require a lawyer to get it aproved by the land office, or even a law suit. But the law seems to allow it, wehter a local land office likes it or not.

[donx]

I see the guy who spouted this story in another thread is now asking for a lawyer who can "bend the law a bit".

It cant be done as far as Im concerned and theres no proof here otherwise.

We have one guy whose wife died who said he couldnt do it and one guy who said it can be done now asking for a Thai lawyer to bend the rules................

The member that started that other thread, kenallday, is the one that was asking for a lawyer to bend the law. The member that posted in the other thread saying that he inherited 1 rai of land is equium. Two completely separate people.

Edited June 30, 2010 by donx

[yabaaaa]

I see the guy who spouted this story in another thread is now asking for a lawyer who can "bend the law a bit".

It cant be done as far as Im concerned and theres no proof here otherwise.

We have one guy whose wife died who said he couldnt do it and one guy who said it can be done now asking for a Thai lawyer to bend the rules................

The member that started that other thread, kenallday, is the one that was asking for a lawyer to bend the law. The member that posted in the other thread saying that he inherited 1 rai of land is equium. Two completely separate people.

OOOOps hahahah ok but anyone done it????????

[jfchandler]

Anyone want to volunteer their spouse as a test case???