Transfer House And Land What Problem Can Happen From Law

[petermueller]

explain of the problem......in 2007 the house projekt was built with construction premit and the final,2008 the houseregisterbooks was made. in 2010 in april the land was chanceg to a new owner, but like seen now not the buildings. in september 2010 the firsy owner of the land died. the construction premit for the nuilding before is on foreigner name.. so at the moment like it seems there are 3 owners the landowner,the leaseowner and foreigner as houseowner. now the houses must go registerd wih the landoffice , and there is a 30 day tme frame.question1. can there be something wrong2. how can make paymentswhat is the normal way and what conflict can come with the law on the transfer or regisering the housesi very thanks for any useful information

[InterestedObserver]

1. The landowner is, by default, the owner of the buildings attached to the land UNTIL a person with a building permit or sales agreement registers said building in his/her name at the Land Office. If a foreigner is involved they would need a long-term lease or usufruct etc. for the land before they could register the building (house) in their name.

2. Who paid the money for the house to be built? Was that the same foreigner whose name is on the building permit?

3. Who is the leaseholder for the land and is the same person who holds the building permit?

4. The foreigner, if he holds the land lease and building permit, can register the house in his name.

5. Was the house every registered after construction was completed?

6. A lease survives sale and transfer of the land title.

7. The 'houseregisterbooks' / blue or yellow book / Tabein Baan has nothing to do with who legally owns the house.

.

Edited May 15, 2011 by InterestedObserver

[petermueller]

1. The landowner is, by default, the owner of the buildings attached to the land UNTIL a person with a building permit or sales agreement registers said building in his/her name at the Land Office. If a foreigner is involved they would need a long-term lease or usufruct etc. for the land before they could register the building (house) in their name.

2. Who paid the money for the house to be built? Was that the same foreigner whose name is on the building permit?

3. Who is the leaseholder for the land and is the same person who holds the building permit?

4. The foreigner, if he holds the land lease and building permit, can register the house in his name.

5. Was the house every registered after construction was completed?

6. A lease survives sale and transfer of the land title.

7. The 'houseregisterbooks' / blue or yellow book / Tabein Baan has nothing to do with who legally owns the house.

.

2.foreigner payed but longtime ago 3.at this time foreigener was at lease and buildingpremit 3. not now!!! 6. never registerd 5. no undertsnad

thank you very much for answer,,

please can help..............

1A. at the time of construction the lease of land belong to foreigner and the foregner asked for the premison to build , and the constructionpremit is on foreign name. later foreigner cancelled leaseright and new owner of land and leaseright is thai. so at the moment foreigner has no right on lease and land. the question is can the foreigner orginally made the premit change / transfer the pwnership of the houses when he agree to sell/register

2A. could there be any conflict of law, like from the first landowner or others

3A.. during 30 days what could happen????

A4. what s the best way of make payments

i very very thanks for answers who elp me , bcs have lawyer date on wedenesday , and 2 lawyers said no pproblem or normaly or regulary no problem, what mean normal cirrcumstances

thanks

Edited May 16, 2011 by petermueller

[InterestedObserver]

To register a house in a foreigners name he/she needs to present to the Land Office the following documents:

1. A building permit in their name OR a sales agreement (contract) from the builder who holds the building permit OR a sales agreement (contract) from a third-party who is the current registered house owner. All parties must be present at the Land Office.

2. A registered long-tern lease contact for the land the house is built on OR land rights such as usufruct / supericies registered on the Chanote..

From reading the OPs story it would appear that the land has changed owners, the original land lease was canceled, and the house changed occupants or is in the process of being sold. The current house occupant does not have a valid land lease or other land rights. The house, today - present time, cannot be sold or transferred to a foreigner without that foreigner having legal permission from the landowner to occupy the land that the house is built on; i.e., a long-term land lease etc. If I'm not reading this correctly then feel free to correct my interpretation. A lawyer would certainly help clarify the situation.

[petermueller]

To register a house in a foreigners name he/she needs to present to the Land Office the following documents:

1. A building permit in their name OR a sales agreement (contract) from the builder who holds the building permit OR a sales agreement (contract) from a third-party who is the current registered house owner. All parties must be present at the Land Office.

2. A registered long-tern lease contact for the land the house is built on OR land rights such as usufruct / supericies registered on the Chanote..

From reading the OPs story it would appear that the land has changed owners, the original land lease was canceled, and the house changed occupants or is in the process of being sold. The current house occupant does not have a valid land lease or other land rights. The house, today - present time, cannot be sold or transferred to a foreigner without that foreigner having legal permission from the landowner to occupy the land that the house is built on; i.e., a long-term land lease etc. If I'm not reading this correctly then feel free to correct my interpretation. A lawyer would certainly help clarify the situation.

From reading the OPs story it would appear that the land has changed owners, the original land lease was canceled -----correct----

The current house occupant does not have a valid land lease or other land rights ------yes have lease and owner thai , but only the land was registerd last year , so at the moment the lease is only on land-------

is there a conflict of law ??????

The house, today - present time, cannot be sold or transferred to a foreigner without that foreigner having legal permission from the landowner to occupy the land that the house is built on

-----from wha / who .......t landownwen , the current landowne , r or the landowner at the time the houses was built ??? ------- very important question

[InterestedObserver]

From reading the OPs story it would appear that the land has changed owners, the original land lease was canceled -----correct----

OK, the original land lease was canceled for whatever reason. Although, by Thai law a valid land lease follows the land title (Chanote) when transferred to a new owner.

The current house occupant does not have a valid land lease or other land rights ------yes have lease and owner thai , but only the land was registerd last year , so at the moment the lease is only on land-------

is there a conflict of law ??????

NO, apparently somebody made a new land lease with the current Thai landowner. The house appears to be owned by the Thai landowner by default, as nobody registered the house separate from the land.

The house, today - present time, cannot be sold or transferred to a foreigner without that foreigner having legal permission from the landowner to occupy the land that the house is built on

-----from wha / who .......t landownwen , the current landowne , r or the landowner at the time the houses was built ??? ------- very important question

You claim to have a valid land lease from the current Thai landowner. All you need is a sales agreement (contract) from whoever paid for the house originally or the building contractor, to prove that you have now paid for the house. You should then be able to register ownership of the house in your foreign name on the leased land. The original landowner is gone, out of the picture having transferred the land title (Chanote) to a new owner. Look on the back of the land title (Chanote) to see if your land lease is recorded there. What does the current landowner and the land lease say about all this, is the Thai claiming ownership of the house?

Edited May 16, 2011 by InterestedObserver

[petermueller]

From reading the OPs story it would appear that the land has changed owners, the original land lease was canceled -----correct----

OK, the original land lease was canceled for whatever reason. Although, by Thai law a valid land lease follows the land title (Chanote) when transferred to a new owner.

The current house occupant does not have a valid land lease or other land rights ------yes have lease and owner thai , but only the land was registerd last year , so at the moment the lease is only on land-------

is there a conflict of law ??????

NO, apparently somebody made a new land lease with the current Thai landowner. The house appears to be owned by the Thai landowner by default, as nobody registered the house separate from the land.

The house, today - present time, cannot be sold or transferred to a foreigner without that foreigner having legal permission from the landowner to occupy the land that the house is built on

-----from wha / who .......t landownwen , the current landowne , r or the landowner at the time the houses was built ??? ------- very important question

You claim to have a valid land lease from the current Thai landowner. All you need is a sales agreement (contract) from whoever paid for the house originally or the building contractor, to prove that you have now paid for the house. You should then be able to register ownership of the house in your foreign name on the leased land. The original landowner is gone, out of the picture having transferred the land title (Chanote) to a new owner. Look on the back of the land title (Chanote) to see if your land lease is recorded there. What does the current landowner and the land lease say about all this, is the Thai claiming ownership of the house?

thank you, you are more helpful than 2 lawyers asked before, and the currrent lawyer malke the transaction. you cleard many question out, and seeems to be only two open.. the originaly landlease from foreigner was cancelled on the same day when transfer landwonership ( 04/2010) , on this day land change ownership and a new leaseright was set up on thainame in the chanote. the foreigner holding the constructionpremit is not in the chanote anymore.

the question stays

1. the new owner of land is by default ----what mean??? couldd the current landowner get into prblems ???

2. the org. and important question , If the foreigner who build the houses go and regster the houses with the landoffice and put the 30 day notice out, CAN THE FOREIGNER get any problems with the law or in conflict with the first owner of land ( he sold the land already 04/2010, but the houses was construucted during the time when there was the first landowner, they can make any legal clame ???????????

3. the foreigner sign the papper from house can he do without holding a workpremit ??? for not get in conflict with immigration law

oh sorry , a very dfficult story, it was seen ,like i was out of the game, but now i have to siggn ffor transfer and i very scarred there could be something wrong , and the date on lawyer is tommorow afternoon

thanks for the help, and if you are here , i invte you for a nice meal

thanks so much

[InterestedObserver]

1. Forget the original landowner, he transferred ownership of the land 04/2010. As far as the land title (Chanote) goes the original owner has no claim to anything unless recorded on the back of the Chanote.

2. There is a current, valid land lease that should be registered (recorded) on the back of the Chanote. Just whose name is on the land lease is not clear, a third-party perhaps.

3. A building permit in a foreigner's name was issued in 2007, but he never registered house ownership with the Land Office.

4. In 2008 a Tabien Baan or house book was issued, supposedly to the original building permit holder.

4. House ownership separate from the land was never registered at the Land Office; therefore, the house is owned by the current landowner by default.

5. At this point, anybody with valid sales agreement (contract) and land rights or lease can claim house ownership. This assume that the original building contractor has been fully paid and no other contractual agreements exist..

6. To register ownership of the house today would not be in conflict with the original, pre 04/2010, landowner since he transferred the Chanot to a new owner.

7. Work permit or visa status has nothing to do with signing documents for a house or condominium.

8. The Land Office will check all the documents and let you know if there is a problem.

Are you buying this house or what, you never said?

This is all very confusing and subject to new facts coming out.

Edited May 17, 2011 by InterestedObserver

[petermueller]

1. Forget the original landowner, he transferred ownership of the land 04/2010. As far as the land title (Chanote) goes the original owner has no claim to anything unless recorded on the back of the Chanote.

2. There is a current, valid land lease that should be registered (recorded) on the back of the Chanote. Just whose name is on the land lease is not clear, a third-party perhaps.

3. A building permit in a foreigner's name was issued in 2007, but he never registered house ownership with the Land Office.

4. In 2008 a Tabien Baan or house book was issued, supposedly to the original building permit holder.

4. House ownership separate from the land was never registered at the Land Office; therefore, the house is owned by the current landowner by default.

5. At this point, anybody with valid sales agreement (contract) and land rights or lease can claim house ownership. This assume that the original building contractor has been fully paid and no other contractual agreements exist..

6. To register ownership of the house today would not be in conflict with the original, pre 04/2010, landowner since he transferred the Chanot to a new owner.

7. Work permit or visa status has nothing to do with signing documents for a house or condominium.

8. The Land Office will check all the documents and let you know if there is a problem.

Are you buying this house or what, you never said?

This is all very confusing and subject to new facts coming out.

thanks a lot

part 1-7 is correct

8. they let you know forst day when start register or within 30 day ,,,what can be wrong,,,so first owne ( landowner )r cannot clam , bcs transferd landtitle already

the buildingpremitholder ( foreigner) cancelled 2010 the leaseright on the land , so in the chanote he is off , but still seller of house , that seems to be no conflict of law

thanks the rest BM

Edited May 17, 2011 by petermueller

[InterestedObserver]

the buildingpremitholder ( foreigner) cancelled 2010 the leaseright on the land , so in the chanote he is off , but still seller of house , that seems to be no conflict of law

Just as long as the buyer understands that they are purchasing an unregistered house on land they may or may not have permission to occupy.

[Thai-Aust]

7. The 'houseregisterbooks' / blue or yellow book / Tabein Baan has nothing to do with who legally owns the house.

.

I'm sure that the house owner is registered/appeared on the tabein baan as 'the house owner' and has the legal right over the house, but not the land.

[InterestedObserver]

7. The 'houseregisterbooks' / blue or yellow book / Tabein Baan has nothing to do with who legally owns the house.

.

I'm sure that the house owner is registered/appeared on the tabein baan as 'the house owner' and has the legal right over the house, but not the land.

NOPE, a Tabien Baan is the legal register of a house address and who resides at that address, it is not relevant to legal ownership of the house but does list the 'House Master'. Tabien Baan books are issued by the local administrative office, house ownership / sales / transfers are registered at the land office.