Farlang Owning Land In Thailand

[haveaniceday]

No one has actually told me how it is done, except they 'own' a company that owns the land.

Apparently it is not it in the spirit of the law, but is airtight legal

Anyone like to comment on this?

Thanks

[Crossy]

Let's put this in Real Estate.

In a nutshell the company route is borderline legal, particularly if the Thai shareholders are nominees rather than real shareholders. Whilst it's not (to our collective knowledge) been tested in court it's not a recommended route.

[gosompoi]

You can own land but not by yourself. I own land legally but with my Thai wife. We were told many things, but it was a simple process once we found a the right lawyer. I am not sure how much of his fee included tea money but it was painless. I am aware if my wife dies the title must be transfer to Thai only owner or sold within a year. Our plan is just to transfer the ownership to our children in this case. I suggest a lawyer best answer your options.

[malcolminthemiddle]

You can own land but not by yourself. I own land legally but with my Thai wife. We were told many things, but it was a simple process once we found a the right lawyer. I am not sure how much of his fee included tea money but it was painless. I am aware if my wife dies the title must be transfer to Thai only owner or sold within a year. Our plan is just to transfer the ownership to our children in this case. I suggest a lawyer best answer your options.

Forgive me for being confused. If you own land legally but with your Thai wife, why would the lawyer's fee include any tea money, unless it was to spead up the legal process?

[surayu]

i think as a furlong you can legally own up to 1 rai by inheritance, but why don't you just do an usufruct for life? with the company you have to pay tax

Edit: i forgot to mention that you can also own it if you invest at least 40 Millions, right?

Edited March 20, 2011 by surayu

[InterestedObserver]

As a foreigner you cannot own land in Thailand unless you are willing to invest 40 million baht. There are several ways to occupy the land long-term, but outright ownership - NO.

[gosompoi]

You can own land but not by yourself. I own land legally but with my Thai wife. We were told many things, but it was a simple process once we found a the right lawyer. I am not sure how much of his fee included tea money but it was painless. I am aware if my wife dies the title must be transfer to Thai only owner or sold within a year. Our plan is just to transfer the ownership to our children in this case. I suggest a lawyer best answer your options.

Forgive me for being confused. If you own land legally but with your Thai wife, why would the lawyer's fee include any tea money, unless it was to spead up the legal process?

tea money comment was joke since it was a quick and painless process. Why wife owns large amounts of land on her own which I am not on the title but our home's land is in both our names.

[Khun Jean]

Let's put this in Real Estate.

In a nutshell the company route is borderline legal, particularly if the Thai shareholders are nominees rather than real shareholders. Whilst it's not (to our collective knowledge) been tested in court it's not a recommended route.

Let's put it in a pinned topic so that whenever this question arrives we can point to it and be done with it.

[Khun Jean]

You can own land but not by yourself. I own land legally but with my Thai wife. We were told many things, but it was a simple process once we found a the right lawyer. I am not sure how much of his fee included tea money but it was painless. I am aware if my wife dies the title must be transfer to Thai only owner or sold within a year. Our plan is just to transfer the ownership to our children in this case. I suggest a lawyer best answer your options.

I recommend avoiding lawyers that are from the same area the land is for sale or that have any other connection with realestate at all costs.

Also avoid the ones that are recommended by your wife/friend/neighbour especially if they are Thai because most of them have no idea what to do when a farang is involved.

Don't be lazy and inform yourself, using the search option on google and this site is a good start, avoid realestate and lawyer site. With one exception and that is www.samuiforsale.com, consider that your 'bible' because that is the only site i know off that tells it like it is and it is valid for whole Thailand. Read all for a few days and you will now more then 99% of the lawyers in Thailand.

[Beetlejuice]

I am not 100% certain of the facts and could be wrong, so please correct me anyone if I am mistaken.

I always thought that if a farang is married to a Thai lady and if land is purchased in Thailand by the Thai wife or in her name that she has to prove it is bought entirely with her money and not from any funds given by the farang husband, especially if there is no company involved.

Also that the farang must not become involved with certain business pertaining from the land such as, agricultural, live stock, fruit or vegatable growing.

So you experts out there, what`s the score here?

[endure]

i think as a furlong you can legally own up to 1 rai by inheritance,

As a furlong you can only own 220 yards

[Crossy]

i think as a furlong you can legally own up to 1 rai by inheritance,

As a furlong you can only own 220 yards

How did I guess this was coming

K. Jean's idea of a pinned topic is a good one, fancy creating something suitable? (sadly time is not on my side so if someone can start a topic with factual information I'll pin it).

[Tonto21]

I am not 100% certain of the facts and could be wrong, so please correct me anyone if I am mistaken.

I always thought that if a farang is married to a Thai lady and if land is purchased in Thailand by the Thai wife or in her name that she has to prove it is bought entirely with her money and not from any funds given by the farang husband, especially if there is no company involved.

Also that the farang must not become involved with certain business pertaining from the land such as, agricultural, live stock, fruit or vegatable growing.

So you experts out there, what`s the score here?

From what little I know about this subject, I would agree with you on this ‘Beetlejuice’ Someone I know went through all this. But out of this I found one interesting thing, despite the fact she, (Thai wife) had to sign paperwork affirming no moneys came from a foreigner for the land purchase, she would not be able to sell said land without husbands signature, as the husband (westerner) had joint ownership of the buildings siting on said land.

IMHO Thai law, (interpretation) is deliberately, or out of total ignorance kept at arm’s length from foreigner by solicitors and the powers to be, as is information on rights of the poor and un-educated here. Can’t have foreigner and peasants knowing what their rights are, they might actually try and use them. No, all you’ll get in most cases to a technical law question is, “cannot” “cannot” “Cannot”

[InterestedObserver]

i think as a furlong you can legally own up to 1 rai by inheritance,

As a furlong you can only own 220 yards

As said, foreigners cannot own land in Thailand except by 40 million baht investment and only with BOI and/or ministerial approval. Inherited land has to be disposed of within one year, any exception requires ministerial approval which is seldom given. .

Edited March 21, 2011 by InterestedObserver

[Naam]

i think as a furlong you can legally own up to 1 rai by inheritance,

As a furlong you can only own 220 yards

over the years i have noticed that the versions are virtually unlimited. and whenever i think "now it's over" a new "furlong" variety comes up. can't find the list but here's by heart:

farang

falang

farlang

farung

farlung

falung

furung

and the winner is...

furlong

which can only be topped by...

furlough

[PattayaParent]

You forgot 'falong' Naam.

how many furloughs to a furlong?

[Awohalitsiktoli]

I always thought that if a farang is married to a Thai lady and if land is purchased in Thailand by the Thai wife or in her name that she has to prove it is bought entirely with her money and not from any funds given by the farang husband, especially if there is no company involved.

Also that the farang must not become involved with certain business pertaining from the land such as, agricultural, live stock, fruit or vegatable growing.

Not an expert but if true that is the most idiotic rule I have ever heard of. Congratulations Thailand! But, as far as I know, a farang can own the house but not the land that the house sits on (only in Thailand ) To "control" the land you can create some type of 30 year lease but a lawyer will have to explain how to do it.

[surayu]

Not an expert but if true that is the most idiotic rule I have ever heard of. Congratulations Thailand!

...it's been like that "folong" time now...... anyway if you are looking for the top law maker in the region, you have to look for the "Hun Som" man in Cambodia, Thailand is just catching up compared to him

[Naam]

You forgot 'falong' Naam.

how many furloughs to a furlong?

1.875² furloughs = 1 furlong™

[PattayaParent]

i think as a furlong you can legally own up to 1 rai by inheritance,

As a furlong you can only own 220 yards

over the years i have noticed that the versions are virtually unlimited. and whenever i think "now it's over" a new "furlong" variety comes up. can't find the list but here's by heart:

farang

falang

farlang

farung

farlung

falung

furung

and the winner is...

furlong

which can only be topped by...

furlough

'fellong' appeared in a post today!!

[ESB7]

You can own land but not by yourself. I own land legally but with my Thai wife. We were told many things, but it was a simple process once we found a the right lawyer. I am not sure how much of his fee included tea money but it was painless. I am aware if my wife dies the title must be transfer to Thai only owner or sold within a year. Our plan is just to transfer the ownership to our children in this case. I suggest a lawyer best answer your options.

Think your wife and lawyer are telling you porky pies

[klikster]

Okay, I'll see your f****** and raise you one alien.

It's always a really good idea to use non-legal terminology in these free-advice topics.

Actually, a f****** can own property in Thailand if s/he is a Thai citizen.

[Jingthing]

I have a strong feeling Feelunge can't own land here!

[surayu]

I have a strong feeling Feelunge can't own land here!

FreeLounge? ...maybe at the airport

[surayu]

Okay, I'll see your f****** and raise you one alien.

It's always a really good idea to use non-legal terminology in these free-advice topics.

Actually, a f****** can own property in Thailand if s/he is a Thai citizen.

what?

[sfokevin]

So what would be the Thai classifier for furlong? Wii or Laa?

[surayu]

So what would be the Thai classifier for furlong? Wii or Laa?

furlong usually is samphaan-aroy, while furshort can be as low as nunphaan, it depends alot from many different variables anyway

[inmysights]

A couple or so years ago there was an article in our local rag by a farang Lawyer/Consultant, that a farang had taken his case as to who actually owned the land he'd bought and paid for from the Thai owner. He was quite tenacious (well, wouldn't you be) and took it all the way to the High Court, and won.

However, there is no such thing as 'precedent' under Thai Law, unlike most Western countries and would caution relying on this course of action. Forewarned is forearmed in this country ... and then some.

[haveaniceday]

Edit, reply removed with hind site.

Edited March 30, 2011 by haveaniceday

[surayu]

Edit, reply removed with hind site.

By forming a company you will incur in regular fees to pay, with a usufruct you don't.

Have a look here: http://www.thailawonline.com/index.php