Buying Land For My Son And Getting A Chanote Registry.

[candyman123]

I'm looking at buying land for my Thai national son 3yrs of age "not" in my name as I know the law about ownership for foreigners.

My question is if the 5 Rai of land is in a Thai name and I buy this for my son and transfer the land to my sons name and apart from using a solicitor/lawyer what other things do I need to do or watch out for?

Also the land has a property built on the land with no chanote would this course any problems with not getting any building permit and getting a chanote for the house?

That said I would be interested in hearing from any person who has managed to buy their land and then register their house and get a chanote from the person that owns the said land.

And are there any other pit falls to avoid or give advice on this subject?????

Your kind response wont go unnoticed thanks.

Candyman.

Edited November 22, 2011 by candyman123

[MikeyIdea]

I have bought land and chanote is in my daughters name, no problems

Don't do it unless you have legitimized your child according to Thai law and have shared custody though

No loans of course, can't give debt to a child, same with can't borrow on land

Land owned by minors are under court supervision = can't sell without court approval - not going to happen unless it is good for the child and both guardians agree

"Also the land has a property built on the land with no chanote would this course any problems with not getting any building permit and getting a chanote for the house?"

Don't understand what you mean. The Chanote is the LAND title deed. Don't ever buy anything without that. As for the rest, I bought land with house on so can't say about building permit but overall, the legal guardians decide what the child can do and I don't think you will have any problems getting a building permit approved regardless of a minor owns or not, guardians sign on behalf of the child

"That said I would be interested in hearing from any person who has managed to buy their land and then register their house and get a chanote from the person that owns the said land."

Other way around. You buy the land and get the chanote in the childs name, then who owns the house on paper/ is more or less irrelevant as the owner of the land is God

[InterestedObserver]

1. Your Thai minor son can own property (land) in his own name with court supervision. That's the easy part.

2. You, the foreign father, seem to be saying that you want to build and own a house on your son's land.

3. The court may or may not approve of this arrangement.

4. Houses do not have Chanotes, only building permits and/or a sales agreement.

[candyman123]

I have bought land and chanote is in my daughters name, no problems

Don't do it unless you have legitimized your child according to Thai law and have shared custody though

No loans of course, can't give debt to a child, same with can't borrow on land

Land owned by minors are under court supervision = can't sell without court approval - not going to happen unless it is good for the child and both guardians agree

"Also the land has a property built on the land with no chanote would this course any problems with not getting any building permit and getting a chanote for the house?"

Don't understand what you mean. The Chanote is the LAND title deed. Don't ever buy anything without that. As for the rest, I bought land with house on so can't say about building permit but overall, the legal guardians decide what the child can do and I don't think you will have any problems getting a building permit approved regardless of a minor owns or not, guardians sign on behalf of the child

"That said I would be interested in hearing from any person who has managed to buy their land and then register their house and get a chanote from the person that owns the said land."

Other way around. You buy the land and get the chanote in the childs name, then who owns the house on paper/ is more or less irrelevant as the owner of the land is God

Yes it seems this is the best way to go and get everything put in my child's name LAND,PROPERTY and the information on am I legitimized with my child according to Thai law and have shared custody yes is the answer I am legally married to the mother and I am on the birth certificate as the father with 100% human genetics....!

This will make me happy to know that when I die my boy will own everything

Nor Sor 3 Gor: This land title designates ownership of land with fairly certain boundaries, however it is not yet a full land title (chanot). A final official measuring is required by the land department along with the placing of official markers. This type of land title may be sold, transferred, or mortgaged. If the owner of the land files a request with the Land Department, surveyors from the land department will measure the land, the title may be changed to Chanot.With legal description of the land boundary markers that are carefully ascertained and referenced by satellite images.

And all this done with the help of my real estate solicitor/lawyer.Thank you for your reply and info based on what you are saying.

and thank you for your reply so early.

Edited November 22, 2011 by candyman123

[candyman123]

1. Your Thai minor son can own property (land) in his own name with court supervision. That's the easy part.

2. You, the foreign father, seem to be saying that you want to build and own a house on your son's land.

3. The court may or may not approve of this arrangement.

4. Houses do not have Chanotes, only building permits and/or a sales agreement.

(2) The house is already been built on this land but they didn't do the right steps or channels I think like not getting any building permit and going to register the house to the land department. something in the lines of this anyway would this be a problem to sort out?

Edited November 22, 2011 by candyman123

[thaiwanderer]

The house is already been built on this land but they didn't do the right steps or channels I think like not getting any building permit and going to register the house to the land department. something in the lines of this anyway would this be a problem to sort out?

There was a thread recently about lack of building permit http://www.thaivisa....ng-a-house-but/

Edited November 22, 2011 by thaiwanderer

[candyman123]

The house is already been built on this land but they didn't do the right steps or channels I think like not getting any building permit and going to register the house to the land department. something in the lines of this anyway would this be a problem to sort out?

There was a thread recently about lack of building permit http://www.thaivisa....ng-a-house-but/

Thanks that link did give some interesting feedback and tells me all I have to do before I buy the land with the property on it is to take the original blue prints of the house to the land department and apply for a building permit BOB'S YOUR UNCLE.....!

Does anybody know how long would something like applying for a building permit take and getting the go ahead for building?

[thaiwanderer]

The house is already been built on this land but they didn't do the right steps or channels I think like not getting any building permit and going to register the house to the land department. something in the lines of this anyway would this be a problem to sort out?

There was a thread recently about lack of building permit http://www.thaivisa....ng-a-house-but/

Thanks that link did give some interesting feedback and tells me all I have to do before I buy the land with the property on it is to take the original blue prints of the house to the land department and apply for a building permit BOB'S YOUR UNCLE.....!

Does anybody know how long would something like applying for a building permit take and getting the go ahead for building?

? Thought it was already (illegally) built?

[candyman123]

@ Thaiwanderer That's why I have made this forum post........I can then have a better understanding on the time scale and how to get round it.

Your comment doesn't help me or any other person who would want to know the ins & outs of this topic.Be constructive and positive in your posts please!

Edited November 22, 2011 by candyman123

[InterestedObserver]

@ Thaiwanderer That's why I have made this forum post........I can then have a better understanding on the time scale and how to get round it.

Your comment doesn't help me or any other person who would want to know the ins & outs of this topic.Be constructive and positive in your posts please!

You cannot retroactively get a building permit for a house already built. Building permits are issued before construction starts. There are locations in Thailand that do not issue building permits as a matter of local policy, so every house does not necessarily have a building permit..

[thaiwanderer]

@ Thaiwanderer That's why I have made this forum post........I can then have a better understanding on the time scale and how to get round it.

Your comment doesn't help me or any other person who would want to know the ins & outs of this topic.Be constructive and positive in your posts please!

I was being constructive and trying to help but 'getting the go ahead for the building' was confusing, hence my last post - but lets not get into a spat.

Did you read the entire thread I linked above since your 'bobs your uncle' comment suggests you didn't?

I don't know why anyone would want to make their child liable for an illegal building and even if its possible to fully legitimise it (possibly not) it will be far more difficult to do so when the owner is a minor.

If you are unalterably set on this particular land I would suggest efforts to cleanse the building of illegality should take place before you buy (whoever's name the land is going into).

Being entirely constructive - Please re-read the entire thread linked above and re-phrase your question - talk of timescale assumes its possible to do it properly in the first place.

Edited November 22, 2011 by thaiwanderer

[candyman123]

@ Thaiwanderer That's why I have made this forum post........I can then have a better understanding on the time scale and how to get round it.

Your comment doesn't help me or any other person who would want to know the ins & outs of this topic.Be constructive and positive in your posts please!

I was being constructive and trying to help but 'getting the go ahead for the building' was confusing, hence my last post - but lets not get into a spat.

Did you read the entire thread I linked above since your 'bobs your uncle' comment suggests you didn't?

I don't know why anyone would want to make their child liable for an illegal building and even if its possible to fully legitimise it (possibly not) it will be far more difficult to do so when the owner is a minor.

If you are unalterably set on this particular land I would suggest efforts to cleanse the building of illegality should take place before you buy (whoever's name the land is going into).

Being entirely constructive - Please re-read the entire thread linked above and re-phrase your question - talk of timescale assumes its possible to do it properly in the first place.

A BIG SORRY FROM ME and I did see the original thread you sent but wasn't connecting the two same people

So yes thank you for letting me know about my mistake and wish you all the best and keep save "SORRY"

And this post has gave me lot's of info with the help of yourself and other places so I know where I stand before seeing or going to a solicitor/lawyer because as you know they cost lot's of money to have information out from them.

Edited November 22, 2011 by candyman123

[candyman123]

@ Thaiwanderer That's why I have made this forum post........I can then have a better understanding on the time scale and how to get round it.

Your comment doesn't help me or any other person who would want to know the ins & outs of this topic.Be constructive and positive in your posts please!

You cannot retroactively get a building permit for a house already built. Building permits are issued before construction starts. There are locations in Thailand that do not issue building permits as a matter of local policy, so every house does not necessarily have a building permit..

I know what you would say and yes you would be right Mr Lawyer .........You cannot retroactively get a building permit for a house already built. Building permits are issued before construction starts. But what they don't know is what they don't know right, so I could just say I would like to build this house here is the blue prints for it now please I would like permission to build it!!!! it's only four years old.

But thank you for the information on There are locations in Thailand that do not issue building permits as a matter of local policy, so every house does not necessarily have a building permit......I didn't know this but I do now

"BIG THANK YOU SIR/MADONNA"

[InterestedObserver]

But what they don't know is what they don't know right, so I could just say I would like to build this house here is the blue prints for it now please I would like permission to build it!!!! it's only four years old.

How do you propose to get a building permit for land that you cannot legally own, or control with long-term land rights. If your minor son owns the land, the court would have to approve any arrangement for you to legally own the house - with or without building permit.

[thaiwanderer]

But what they don't know is what they don't know right, so I could just say I would like to build this house here is the blue prints for it now please I would like permission to build it!!!! it's only four years old.

Won't work, not least because they aren't blind and stupid.

As long as you only pay an amount equivalent to the value of the land less the costs of removing the building you cannot (at least due to the building permit issue) lose any value for your child.

All buildings require compliance and usually permission though in practice it may be that there is (currently) no enforcement where this house is.

However there might be other reasons why permission wasn't obtained such as no building or no building of this kind, size etc being allowed on that land - so that permission would never be granted and removal might be ordered in the future.

Ownership of the house can be recorded on a chanote but that's a bit cart before horse at the moment.

As regards upgrading the land title there are plenty of threads about that in this section of TV.

[candyman123]

But what they don't know is what they don't know right, so I could just say I would like to build this house here is the blue prints for it now please I would like permission to build it!!!! it's only four years old.

How do you propose to get a building permit for land that you cannot legally own, or control with long-term land rights. If your minor son owns the land, the court would have to approve any arrangement for you to legally own the house - with or without building permit.

I don't care about the house not being in my name it will go in my boys name if the courts wont put it in my name that's OK and having it in my boys name doesn't worry me one bit.......I can't see him kicking me out of the property that wouldn't be the boy I will educate and have as a son.He will grow up to have family morals and LOVE with no greed to life!

and when I have finished talking to the courts they will see that I'm looking at the best interest for my son not as a greedy man from another country.

I really am looking at this for the future of my son and handing down all my money and any assets I have with him looking after his mother and myself until I'm no longer here on earth.

Edited November 22, 2011 by candyman123

[thaiwanderer]

But what they don't know is what they don't know right, so I could just say I would like to build this house here is the blue prints for it now please I would like permission to build it!!!! it's only four years old.

How do you propose to get a building permit for land that you cannot legally own, or control with long-term land rights. If your minor son owns the land, the court would have to approve any arrangement for you to legally own the house - with or without building permit.

I don't care about the house not being in my name it will go in my boys name if the courts wont put it in my name that's OK and having it in my boys name doesn't worry me one bit.......I can't see him kicking me out of the property that wouldn't be the boy I will educate and have as a son.He will grow up to have family morals and LOVE with no greed to life!

and when I have finished talking to the courts they will see that I'm looking at the best interest for my son not as a greedy man from another country.

I really am looking at this for the future of my son and handing down all my money and any assets I have with him looking after his mother and myself until I'm no longer here on earth.

I think you are entirely missing the point of IO's post.

On your wealth preservation (and roof above your child and or your head preservation) issue, this isn't aided by overpaying for an illegaly built house (which may in the future be ordered removed at your / your son's cost) on land that may not allow any construction in any event.

[candyman123]

But what they don't know is what they don't know right, so I could just say I would like to build this house here is the blue prints for it now please I would like permission to build it!!!! it's only four years old.

How do you propose to get a building permit for land that you cannot legally own, or control with long-term land rights. If your minor son owns the land, the court would have to approve any arrangement for you to legally own the house - with or without building permit.

I don't care about the house not being in my name it will go in my boys name if the courts wont put it in my name that's OK and having it in my boys name doesn't worry me one bit.......I can't see him kicking me out of the property that wouldn't be the boy I will educate and have as a son.He will grow up to have family morals and LOVE with no greed to life!

and when I have finished talking to the courts they will see that I'm looking at the best interest for my son not as a greedy man from another country.

I really am looking at this for the future of my son and handing down all my money and any assets I have with him looking after his mother and myself until I'm no longer here on earth.

I think you are entirely missing the point of IO's post.

On your wealth preservation (and roof above your child and or your head preservation) issue, this isn't aided by overpaying for an illegaly built house (which may in the future be ordered removed at your / your son's cost) on land that may not allow any construction in any event.

This is what I should and will find out about what you can and can't do to this land........Then I will know if I should go ahead with the deal or not "SIMPLE MATHS"

And having this post is going to put more light with what are my first steps Thank you!

[InterestedObserver]

OP - If you are not going to build a house, then why all the anxiety over a building permit? The existing house apparently does not have one, end of story. A Chanote title deed covers all immovable property, i.e. the land and all things (structures) fixed permanently to the land or forming a body therewith. When your minor son is listed as landowner on the Chanote he is therefore also the owner of the house, with or without a building permit. The court would not allow transfer of the Chanote to your minor son if it was not free and clear of any encumbrances.

[candyman123]

OP - If you are not going to build a house, then why all the anxiety over a building permit? The existing house apparently does not have one, end of story. A Chanote title deed covers all immovable property, i.e. the land and all things (structures) fixed permanently to the land or forming a body therewith. When your minor son is listed as landowner on the Chanote he is therefore also the owner of the house, with or without a building permit. The court would not allow transfer of the Chanote to your minor son if it was not free and clear of any encumbrances.

THAT'S EXACTLY THE NEWS I WANT TO HEAR:

If this could be done the way you say it than great for all the family and myself

[thaiwanderer]

OP - If you are not going to build a house, then why all the anxiety over a building permit? The existing house apparently does not have one, end of story. A Chanote title deed covers all immovable property, i.e. the land and all things (structures) fixed permanently to the land or forming a body therewith. When your minor son is listed as landowner on the Chanote he is therefore also the owner of the house, with or without a building permit. The court would not allow transfer of the Chanote to your minor son if it was not free and clear of any encumbrances.

THAT'S EXACTLY THE NEWS I WANT TO HEAR:

If this could be done the way you say it than great for all the family and myself

We seem to have got there in the end but I'm intrigued as to why you are now no longer concerned about buying an illegally built house for your child who will then be liable for it.