G/F'S Name On Title Deed (Chanote) Land Office Keeps Saying 'Mai Dai'

[bifftastic]

Thanks for the advice there, I'll get that sorted asap

I definitely think I'll be going in that particular land office with a lawyer in tow when it comes to the usufruct and the transfer of the title to my g/f (who already has what we in England call 'the raging hump' with the aforementioned L.O.G or Land Office Grouch)

L.O.G has claimed to 'only want to help protect Thai people'...against what exactly? Presumably, evil foreigners who want to buy land and give it to people who otherwise would have none!

Again, just suggesting a more subtle approach. A bit less 'in your face' for those that don't like 'losing it'....................

I'd suggest keeping clear of the LO. Use the lawyer, get the usufruct prepared and signed, and just let him go and register it on his own. That gives less opportunity for stone-walling by the officials, as they've only one person to deal with - a Thai, and a Thai lawyer at that.

He won't want to waste him time on a fruitless visit to the LO, so he'll have done his groundwork and phone calls before hand, and will include any 'extras for the LO staff' in his fee. It's very quick to register, and he may even return with the chanote already noted with your name as usufructuary.

It's probably no big deal if you're there for the transfer or not. Your occupancy is fully secured now (with the usufruct) anyway, so I'd be letting the girls sort it between themselves, and just sit outside in the car with the air-con on!

Good idea there thanks, I'll only be going in there if I have to, I don't want to create any more problems for the future. I think the only 'harsh' words so far have been from my friend in Bangkok. She was a little annoyed as she thought, possibly quite rightly, that the officials were 'flexing their muscles' as it were, with people who didn't have experience in such matters. This, it turns out, prompted the LOG to come up with this compromise.

All my dealings with the LO will be as polite and as brief as possible. There's no way I'll be going in there banging my fist on the table as I know that a) wont do any good and b ) will just add to their justification that everyone needs protecting from me! I was expecting to hear that my g/f had told them to stick their chanote where the sun don't shine to be honest so I think 'farang arom sia' is the last thing they need to worry about!

[bifftastic]

Today, after another whole day sat in the land office, the Chanote is finally transferred into my g/f's sister's name. So, step one is complete. Now she needs to take it to the Amphur to get a number for the house, but before she does that, apparently she needs to take a photo of the house (and the toilet?? ), and take them to the hospital, so they can give her some kind of approval first!

This part has me scratching my head as well! There must be a drawer somewhere in the hospital full of photo's of everybody's toilets!

Things progress, but in a weird way.

G/f is not best pleased with the land office, to say the least. She feels this has put the kybosh on our intention to apply for a visit visa for her to come to the UK this summer. We shall see.

[seaeagle]

Today, after another whole day sat in the land office, the Chanote is finally transferred into my g/f's sister's name. So, step one is complete. Now she needs to take it to the Amphur to get a number for the house, but before she does that, apparently she needs to take a photo of the house (and the toilet?? ), and take them to the hospital, so they can give her some kind of approval first!

This part has me scratching my head as well! There must be a drawer somewhere in the hospital full of photo's of everybody's toilets!

Things progress, but in a weird way.

G/f is not best pleased with the land office, to say the least. She feels this has put the kybosh on our intention to apply for a visit visa for her to come to the UK this summer. We shall see.

Ha, ha - the old toilet proof! No, it's not a wind-up - the amphur needs proof that a house is in existence, so they choose to prove by asking for ----- a picture of the bog! Don't even ask me why. This is where we live, mate! Amazingly, in a new-build, they'll only give you a house number once the build has reached a certain stage. One of those stages is the completion of a bog / septic tank.

As for the hospital, I haven't the foggiest why they need to be involved. Is the hospital her employer?

LO everywhere can be awkward, but the next stage involves a lawyer, so they'll be more accomodating when dealing with one of their own who knows the law.

Not sure how these events will affect her visa application, though. Presumably, you were hoping do show the Embassy that she had land of her own?

Now, don't forget to get that contract drawn up for sister to undertake to transfer title to g/f within a certain period. That, in itself, may be useful to put in with your visa application.

[bifftastic]

Yes, made me wonder too about the hospital. No she doesn't work for them. They were the ones wanting the bog-pic. To be fair, they also wanted photos of the rest of the house, even though it's been in existence for over five years and already has a number.

Turns out it was a three hour lecture/demonstration about family health, along with questions about how many people would be living in the house etc. Upon the successful conclusion of which, she was given a certificate to take to the Amphur so they would issue a house number, which they have now done.

In fairness, although it was something of a surprise, I can see it's quite a good idea really, in a place that doesn't have the same kind of building regs as my country, it is quite possible that people have homes that wouldn't meet the health requirements, so it's a way of the local government having some input into people's daily lives in terms of health and hygiene. The mrs wasn't impressed in the slightest though 'they want to tell me how to wash my children! arom sia!'

Yes, it was intended to be part of the 'reason to return' in the visa application, we'll see what we can do regarding that. The contract idea is a good one, and a good reason for getting it done without having to say 'we don't trust you we want a contract'.

The main thrust of the application will be that we're not sure where we want to settle, so she wants to visit the UK first and any breach of her visit visa would jeopardise any potential settlement visa in the future, along with plenty of evidence of a sustained and genuine relationship.

Along with the earthquake, which fortunately hasn't bolloxed up the house, it's been a trying couple of weeks.

[Livinginexile]

I think my situation was similar when we bought our first place over here back in 2003.

Now, all the following assumes the premise that you're pretty well sure to lose property if you put it in your Thai partner's name and things don't work out. So, using that logic, what's the harm in putting it in another Thai persons name? Read on.........

1) I was in UK and wife came to buy a place we'd had our eyes on.

2) She came across the problem of buying something, where i had to sign the usual disclaimer.

3) option was to send the stuff to me in UK, get it witnessed etc down in London, send it back to thailand. Far too long in terms of time!

4) So, I suggested that the property be bought in Mother-in-Laws name. Therefore, father-in-law could very easily sign the different disclaimer they want when a married Thai wife wants to purchase land without the name of the Thai husband involved.

5) Upshot was that freehold was easily and quickly bought in M-I-L's name. I got the usufruct from M-I-L. Then, when next we both returned to thailand, the property was transferred between mother and daughter, with very small tax payable due to it being a 'family' transaction.

6) End result is wife has title, and I have usufruct.

Give that 'work-around' some thought. May work in your circumstances.

This is exactly how i did a few land transfers. mother in laws name on the title, i a usufruct and my wife in her mothers will to inherit the land. Very efficient and a low cost option as the usufruct is only 100 baht. My wife happy, mother in law happy and me happy.

Now after 10 years marriage though i just sign the paper and my wife has it in her name directly and sometimes we include the children on the chanote if we plan to keep the piece of land a long time.

To the OP, all my transfers where done at the landoffice and money exhanged hands after the chanot was transfered and the usufruct was registered. You are now in a situation were some bad luck can cost you your downpayment. It is always a bit of a gamble, but this one could have been done better. We always learn for the next time.

Edited April 5, 2011 by Livinginexile