30 Year Lease On House

[nong38]

I will be purchasing a house in the august/september time, as I cant own land or house in Thailand I have heard about the 30 year lease back which is put in the back of the blue book, can anyone enlighten me on the process? Do I have to go to a legal chappie and get the document drawn up and take it to the land office where it is attached to the chanoote?

The house will be in the name of the thai g/f so do I have to pay an amount per annum or up front to make it look the part( whether I do or not)?

Thanks for any advice forthcoming.

[gotlost]

The realtor that we purchased the house from drew up our 30year lease. No charge. I did not pay any monies to the wife for the lease. The lease was signed by both parties at the land office. The lease was then registered on the Chanote and I was given a certified copied by the land office. Cost to land office 75 baht.

Edited February 20, 2011 by gotlost

[bob4you]

The realtor that we purchased the house from drew up our 30year lease. No charge. I did not pay any monies to the wife for the lease. The lease was signed by both parties at the land office. The lease was then registered on the Chanote and I was given a certified copied by the land office. Cost to land office 75 baht.

You should protect yourself with a mortgage on the property for the amount you have invested, that needs to be recorded on the chanote, that way if the relationship or TGF ever go South, the property cannot be sold without you getting paid back your investment. The mortgage can be written in such a way that upon your death of natural causes the mortgage extinguishes and TGF has the property F&C.

[krading]

The realtor that we purchased the house from drew up our 30year lease. No charge. I did not pay any monies to the wife for the lease. The lease was signed by both parties at the land office. The lease was then registered on the Chanote and I was given a certified copied by the land office. Cost to land office 75 baht.

You should protect yourself with a mortgage on the property for the amount you have invested, that needs to be recorded on the chanote, that way if the relationship or TGF ever go South, the property cannot be sold without you getting paid back your investment. The mortgage can be written in such a way that upon your death of natural causes the mortgage extinguishes and TGF has the property F&C.

and spend the rest of your life looking over your shoulder every time a motor bike comes too close.

[a99az]

The realtor that we purchased the house from drew up our 30year lease. No charge. I did not pay any monies to the wife for the lease. The lease was signed by both parties at the land office. The lease was then registered on the Chanote and I was given a certified copied by the land office. Cost to land office 75 baht.

You should protect yourself with a mortgage on the property for the amount you have invested, that needs to be recorded on the chanote, that way if the relationship or TGF ever go South, the property cannot be sold without you getting paid back your investment. The mortgage can be written in such a way that upon your death of natural causes the mortgage extinguishes and TGF has the property F&C.

and spend the rest of your life looking over your shoulder every time a motor bike comes too close.

55555555 5555555 Almost wet my self. Nice one. Why not just rent a house, I have a nice fully furnished house I will rent to you, then if she is with you at the end of the first year, you can decide what to do. My money's on her thinking long and hard for a bit and moving on. If you don't tell her it's only for a year. Then you don't have to duck every time a car back fires.

[Sunbelt Asia]

You can follow two courses of action, either a 30 year lease which will require a new lease after 30 years or a usufruct which may be for your natural life and does not need renewal.

The 30 year lease offers you a wide spectrum of rights and you can build and own a house on the land if the lease stipulates it, however the maximum lease agreement is 30 years. While a lease agreement can contractually obligate the landlord to a second 30 year lease it requires the Landlord to go to the Land Office with the lessor to register the second 30 year lease. If the landlord dies before this, his heirs are not contractually obligated to renew. A 30 year lease must be registered at the Land Office on the back of the Title Deed or Certificate of Use and by doing so, any potential buyers will then know the obligations of the lease on the property. If a third party buyer was to buy the land, the tenants rights would be acquired for the remainder of the term of the lease.

A usufruct grants the user a lifetime use of the property, even allowing the usufructary the right to lease the property that would remain legal even after his death. You can also add others to the usufruct, such as your children and then the usufruct would extend to their lifetime. With a usufruct agreement you are registered on the title deed. The property cannot be sold, mortgaged or transferred without termination of the usufruct. The usufruct would be registered with a 1.5% tax of the value of the benefit (since you are not married to a Thai).

Sunbelt Asia can help you draft and register the usufruct and obtain a Yellow house registration book.

[nong38]

The realtor that we purchased the house from drew up our 30year lease. No charge. I did not pay any monies to the wife for the lease. The lease was signed by both parties at the land office. The lease was then registered on the Chanote and I was given a certified copied by the land office. Cost to land office 75 baht.

You should protect yourself with a mortgage on the property for the amount you have invested, that needs to be recorded on the chanote, that way if the relationship or TGF ever go South, the property cannot be sold without you getting paid back your investment. The mortgage can be written in such a way that upon your death of natural causes the mortgage extinguishes and TGF has the property F&C.

and spend the rest of your life looking over your shoulder every time a motor bike comes too close.

55555555 5555555 Almost wet my self. Nice one. Why not just rent a house, I have a nice fully furnished house I will rent to you, then if she is with you at the end of the first year, you can decide what to do. My money's on her thinking long and hard for a bit and moving on. If you don't tell her it's only for a year. Then you don't have to duck every time a car back fires.

Sounds like you had some bad experiences here and have a house to rent. Well I have rented for over a year and have been with thai G/F for 2 years. I think most of us have been burned or no someone who has,but, we are still here and not all thai are money grabbers or bad people. Your comments would not be out place in the UK of today, the last labour administration allowed 3 million immigrants in, against the wishes of the people, people like me, now the Uk have a lot of the Rif Raf of the world there, which is why I am here, So, do I feel lucky, yes I do and hoping for a happy ending, nothing is certain in life be it here or back home.

[Boycie]

nong38 'I will be purchasing a house in the august/september time'

I do believe as a foreigner that you can own a house in thailand but not the land that it sits on. (Without setting up a thai company or investing 40 million baht to own 1 rai.........) Get a sale/purchase contract made and put the house in your name.

Get another contract made for the lease of the land. Then register both at the local land office, pay taxes and get your name stamped on the back of the official land paper for 30 years lease.

gotlost Didn't you have to pay 1% in taxes on your 30 year lease? I know i did, along with some suger for their tea.

Wish my bill would have been 75 Baht

I'm no expert, so I would advise to get legal advice. What area of Thailand will you be purchasing your house? Maybe some members can give you a local contact.

Best wishes

Boycie.

[nong38]

nong38 'I will be purchasing a house in the august/september time'

I do believe as a foreigner that you can own a house in thailand but not the land that it sits on. (Without setting up a thai company or investing 40 million baht to own 1 rai.........) Get a sale/purchase contract made and put the house in your name.

Get another contract made for the lease of the land. Then register both at the local land office, pay taxes and get your name stamped on the back of the official land paper for 30 years lease.

gotlost Didn't you have to pay 1% in taxes on your 30 year lease? I know i did, along with some suger for their tea.

Wish my bill would have been 75 Baht

I'm no expert, so I would advise to get legal advice. What area of Thailand will you be purchasing your house? Maybe some members can give you a local contact.

Best wishes

Boycie.

I am in Nakhon Sawan and have had advic from many quarters, luckily I do have time on my side and I have a freind here who knows a lawyer. Your thoughts about splitting the house and land is one I had not thought about, Usufruct seems like maybe the way to go. There are no parents of tg/f to worry about and no children, although there are brothers and sisters, I have said I do not want their names on the Chanote and she is happy with that. here does seem to be some confusion over whether the usufruct can be done at the land office by just turning up with some papers and applying, some seem to say you can as with the 30 year lease, others seem to be saying get a lawyer, either way seems like there may be a small fee to pay. Thanks for your thoughts, I do not think we will be moving in til august, when I come back with the balance. I dont know where you are but the development we are on is about 3 miles west of N S just off the road 3005 its called De Parm, this is the 2nd development of 400ish houses, all detached with 3 or 4 bedrooms prices go from 1.65 to 2.2m with small adjustments for plot sizes. I went round with a spirit level and they are pretty much spot on, an English builder had told me about the development and he told me they were well built(even though the bricks and blocks are only half the size UK use). Thanks for your thoughts Boycie.

[ChiangMaiFun]

I recently did this - got a Thai friend to do an Usufruct for my lifetime - and sign a 'power of attorney' (undated) so I can sell anytime without bothering my Thai friend. I also need to get her to do a Will in case she passes away - then (I understand) I have one year in which to sell the property.