Can A Usuafruct Be Cancelled ?

[Thaifan2]

I am in the process of buying a house in Chiang Mai .( have paid a deposit ) .I will be buying under my girlfriends name ,and getting a Usuafruct giving me a life time right to occupy the house .

If we decide to sell the house in the future ,can we get the Usuafruct cancelled for ease of sale ( if both of us agree ) ?

ps ,we will be getting marryied but after buying the house .

[richardt1808]

hi,

Drawing up any agreement may include a cancellation clause which is mutually agreeable to both parties.

HOWEVER...

hearing any of these infamous words rings VERY loud alarm bells around here: "GF"... "Buying a house"..."lease"... "usufruct"

the stories tend to always end in disappointment and loss on the part of the poor foreigner, so I hope you have done your reading here on this forum. Lots of horror stories which dont need to be repeated.

[InterestedObserver]

Technically a usufruct only allows the peaceful enjoyment of the land for a specified period of time. Ownership of the house is another issue which requires a building permit or sales agreement, in your name, be registered at the local land office. Agreements (contracts) are canceled all the time in Thailand.

[Thaifan2]

Thanks for the replyies ,and i am well aware of the risks .

[seaeagle]

As is often the case here, people often post but don't actually answer the question.

So, yes, you can cancel should you wish to sell. If it's the same up there as in Phuket, then you, as the usufructuary, would simply go to the land office and cancel your own usufruct. At this point, the land would be entirely free from encumberance, and a sale would go through.

The usufruct gives you the right of occupancy for a fixed term, or life, depending on what you've written in to the agreement. As my own lawyer succinctly put it, "She can't chuck you out!".

Ownership is, of course, another thing. It would technically be possible for the owner to sell the land / house, but your usufruct would continue for the term stated. In reality, who's going to hand over good money to buy property which they can't use because you have occupancy due to your usufruct?

[InterestedObserver]

As is often the case here, people often post but don't actually answer the question.

So, yes, you can cancel should you wish to sell. If it's the same up there as in Phuket, then you, as the usufructuary, would simply go to the land office and cancel your own usufruct. At this point, the land would be entirely free from encumberance, and a sale would go through.

<snip>

1. If the usufruct conctact contains a right of rescission clause, then the answer would propably be yes.

2. If the usufruct contract does not contain a right of rescission clause, then the answer would probably be no.

3. Without seeing the actual usufruct conctact nobody can give an unequivocal answer.

4. And then again Chiang Mai land office may have their own rules, so it's best to ask them.

[sarahsbloke]

Ownership is, of course, another thing. It would technically be possible for the owner to sell the land / house, but your usufruct would continue for the term stated. In reality, who's going to hand over good money to buy property which they can't use because you have occupancy due to your usufruct?

Dead men, occupy no house.

[Wallaby]

If you have a usufruct for life tenancy does it stop the owner or future owner putting the rent up in order to force you out?

I don't know the answer, just asking.

[CDNinKS]

Get a reputable law firm to draw up a Ufufruct contract to go along with the actual Usufruct on the Chanote.......there is a very good firm that advertises on this thread. PM me if you want something more specific.

[InterestedObserver]

If you have a usufruct for life tenancy does it stop the owner or future owner putting the rent up in order to force you out?

I don't know the answer, just asking.

Rent is paid IAW lease arrangements. There is no monthly rent paid for a usufruct, the total consideration is declared up front and tax paid to the land office upon usufruct registration.

Edited August 20, 2010 by InterestedObserver

[InterestedObserver]

Duplicate post deleted.

Edited August 20, 2010 by InterestedObserver

[Thaifan2]

Get a reputable law firm to draw up a Ufufruct contract to go along with the actual Usufruct on the Chanote.......there is a very good firm that advertises on this thread. PM me if you want something more specific.

Thanks i will .

[CDNinKS]

View PostCDNinKS, on 2010-08-20 16:25, said:

Get a reputable law firm to draw up a Ufufruct contract to go along with the actual Usufruct on the Chanote.......there is a very good firm that advertises on this thread. PM me if you want something more specific.

Thanks i will .

Also check this thread HERE

Post number 264

[TireMoni]

Hi,

I am currently in a similar situation a get a usuafruct contract on a house.

one tip from my lawyer:

1. Get married (I am) and the registration fee of the contract is only 200 THB (Sunbelt) as of 1 % of the value if not

married

Just a little tip which I have not read anywhere in this forum

[CDNinKS]

1. Get married (I am) and the registration fee of the contract is only 200 THB (Sunbelt) as of 1 % of the value if not

married

I hope your lawyer also told you that a usufruct between a man and wife is cancel-able by one party unilaterally ........as a usfruct between non married persons can only be voided with both parties consent.

So in a divorce situation your wife has one year in which to void the usufruct.

I am currently in a similar situation a get a usuafruct contract on a house.

I assume you mean "land" and not house......

Edited August 22, 2010 by CDNinKS