Property In Chanthaburi

[simro]

Question in relation to property in Chanthaburi!

Father n law has guaranteed a relation to a loan with his title for land.

Relation has not paid for the loan.

Loaner has lived on land of the father n law and has not paid the agreed amount.

Relation has given title to loaner.

Loaner has not been paid for some time and still has title.

Relation want's money so he can pay for loan.

Of course I am the millionaire, wanting 100000 baht to get title back.

question what rights does the father n law have to his title?

I want to get the land and build something on it, get wife to lease it to me.

[podgey]

Maybe employ a lawyer to check it out, do the negotiations and draw up the contracts for you? Might save you some stress and money in the long run.

[simro]

Maybe employ a lawyer to check it out, do the negotiations and draw up the contracts for you? Might save you some stress and money in the long run.

I was thinking a Lawyer was a waste of time, for the Leasing I would contact a Lawyer, but for the other issues, a lot of time and money would be wasted.

[seanocasey]

well id spend 110,000 with 10,000for the lawyer,then if lawyer says bullshi* I save 100,000 your call man but that one is an old one call there bluff say now problem we will go see my Thai lawyer and sort it all out.

[simro]

well id spend 110,000 with 10,000for the lawyer,then if lawyer says bullshi* I save 100,000 your call man but that one is an old one call there bluff say now problem we will go see my Thai lawyer and sort it all out.

Thank you for the advice, I have said let's get a lawyer, if wife persist I will get her to get a loan in her name. End of story!

[rgs2001uk]

well id spend 110,000 with 10,000for the lawyer,then if lawyer says bullshi* I save 100,000 your call man but that one is an old one call there bluff say now problem we will go see my Thai lawyer and sort it all out.

Thank you for the advice, I have said let's get a lawyer, if wife persist I will get her to get a loan in her name. End of story!

Before I head off to see a lawyer I would check to see what kind of title deed there is to this property.

The property may no be sellable.

How much land are you talking about? Land in Chan can be had for as little as 40,000 baht per rai right up to 300,000 baht per rai.

You only have a copy of the land deed, the original is held at the land office, until you see the original and see whats written on the back of it you dont know what you actually have.

I take it the person making the loan was smart enough to have a paper trail he can produce to show the loan actually took place.

The person who handed over the land title can go to the land office and request a new copy, claiming the original copy he had was lost.

Until the land is actually transferred at the land office the from the borrowers to the lenders name it still technically belongs to the person who borrowed the money.

The person who borrowed the money may not have the money to pay for the transfer costs.

Proceed with caution.

[simro]

Very sound advice, this is the kind of information I was after, I am fully aware the person who borrowed the money does not have the transfer money, the loaner has guaranteed the owner he will not act on the loan.

Is there a time period where a person who stays on land for some time has rights to that land?

Could I possibly see the title at the land office?

[rgs2001uk]

Very sound advice, this is the kind of information I was after, I am fully aware the person who borrowed the money does not have the transfer money, the loaner has guaranteed the owner he will not act on the loan.

Is there a time period where a person who stays on land for some time has rights to that land?

Could I possibly see the title at the land office?

Yes you can see the title at the land office, go with the person the land belongs to.

Your first question, the person who borrowed the money already owns the land so already has the right to it, however the answer is basically no.

My wife and I are still looking for land in Chan, the last land we looked at was in the pawn shop and had multiple owners, so every person named would have had to agree to the sale. We didnt proceed any further, too much hassle.

If this is an inter family dispute I wouldnt get involved, things like this have a habit of coming back to bite the farang in the ass, Chanthaburi isnt know as "gun town" for no reason.

[simro]

I just want to put the facts straight, the borrower or the loaner does not own the land the land is in the name of my father 'n' law.

The person who borrowed has not paid the amount agreed for the land, and has also not paid the money for the loaner, from the borrower a pattern is appearing with none payments.

Father 'n' law guaranteed the loan with the land title.

Wife will need to pay back the loan amount plus non payments for the loan period!

Amount of Rai in question I am not sure it is next door to another property that is owned by my father ‘n’ law, wife want’s to keep the property in the family.

I want some guarantees for myself, thinking of leasing land, building something on it where I can obtain a work permit; I am currently residing with an O class visa.

[rgs2001uk]

simro,

if I understand correctly you are trying to say,

person A borrowed money from person B, using you father in laws land as security on the loan.

Person A hasnt paid back any of the loan to person B.

Person B is now asking for either the original loan to be repaid by your father in law, or for the land you father in law put up as security.

The onus is on person B to prove the loan actually took place.

To do so, he can produce a copy of the original chanote from the land office, where the loan would have been marked on the back of the chanote.

If the loan wasnt registered at the land office, was it registered with the local puu yai baan?

If not registered with the puu yai baan, is there any paperwork to prove this loan actually took place?

If not person B ( the person would you say loaned the money) can not prove any loan actually took place, and has no claim on the land.

Its like me coming down there and telling your father in law his land now belongs to my wife, because she borrowed money to the next door neighbour with your father in laws land as security, its a ridiculous claim, because my wife cant prove any loan ever took place.

Its not your father in laws problem, its the problem of the person would made the loan.

Where is the person who borrowed the money, can he confirm or deny any loan?

I dont want to know your business, or how or where you met your wife, but I would be very careful this isnt a variation on the sick buffalo story.

I would want to see a copy of the bank account records for both parties involved, the original amount being withdrawn from person B's bank account, and the same amount being paid into person A's bank account.

Do such records exist.

As I said in an earlier reply, proceed with caution, you wont be the first farang to pay the family for land they already own, or to pay off a loan that never existed.

At the end of the day, ask yourself, how much is the land worth to you, if you consider its worth the money then buy it.

If you proceed with a land purchase do everything legally, drawn up by a lawyer and registered on the back of the chanote at the local land office.

[simro]

Once again great advice, looks like there was a contract drawn up between the parties. Father 'n' law went guarantor for person A.

Nothing was written on on the back of the Chanote.

Father 'n' law is now going to Umper and land office on Monday to see if Person A has any claim on land as he has been living on it for some time.

Loan can be proved but there is no claim on the land from person B.

I say person A is responsible, but this could be an ethics or a matter of saving face!

I am not getting involved but would like to know if I am being given the truth or it is a version of the buffalo story.

I could not understand why you would pay for land you already own!

Thai’s do things funny ways!

[rgs2001uk]

simro,

I cant make any comment because we dont know what type of land deed is held (is it full chanote?), what colour is the land deed, red, green, black?

The other problem we dont know, whose names are on the land deed?

If the father in law is in possesion of full (red)chanote in his name only, the other person has no claim to the land.

I agree with you, person A is responsible, but I am no lawyer.

I would stay well out of it and not get involved.

Only you can answer if you are being played or not, that depends on how long you have known the family and the type of family they are.

As far as paying for land the family already own, it happens more times than many care to admit.

Examples include, farang marries girl, and buys land from girls father or mother for girl to own.

Scenario, before purchase, Thai has land and no money, farang has money and no land.

After purchase, Thai still has land, now has money, farang now has no money and still no land.

As you say, they have funny ways, same same but different.