30 Year Lease - What Happens If The Thai Owner Sells The Land?

[happyjune]

Good Morning Mr Sunbelt,

I am looking at a 30year lease on 1 or 2 Rai, and either build a home or possibly a small block of monthly rentals for Thais. This will be funded in part by a small personal loan from abroad which is garnetored abroad as well, hence I want some personal security, if in the unlikely event that my wife and I fall out.

I understand the lease would be registered on the chanote in the land office.

The land is in my wifes name with no company or anything set up, can I do a 30 year lease and still control this land if a divorce happened for the 30 years?

In saying security, if we were to seperate, could I 'sell' the remainder of the lease? eg, after two years, could I sell the rights for the remaining 28 years of the lease to someone else as the rooms would be a good investment and I could recoup funds to pay back the loan.

In this case, would the name of the leaser change on the chanote?

What would happen if wife sold the land?

Thank you very much.

June

EDIT: Also, if both parties agree, can a 30 year lease be terminated, so the land cuold be sold 'clean' with no lease hanging off it after, lets say 5 years ?

Edited April 7, 2011 by happyjune

[Sunbelt Asia]

You can do either a 30 year lease or a usufruct which would be for the length of your life. Both would be registered on the chanote at the District Office.The lease or usufruct is not dependent on marital status but you must ensure it is properly registered. Any 3rd party interested in purchasing the property would be aware of the lease and the terms of the lease would be transferred to the new owner so that the tenant's rights would remain ensured. Under a usufruct the land cannot be sold or transferred until the termination of the usufructary.

Either one can be terminated at any time by going to the Land Office and removing them there.

The right to transfer a lease contract must be included in the contract between the lessee and lessor. Thai law requires that the right to sublet is in the written lease agreement. If this is not included in the lease agreement the lessee is not allowed to sub-rent or assign his lease right under Thai law.

[sunbelt][/sunbelt]