Lease Without Chanote?

[Bung]

I have built a house on my wifes land and we are about to have it surveyed for a chanote. I don't even know what kind of title it is at the moment but it has the cement pegs in place on each corner. It is part of a large plot owned by my mother in law, divided up and given to family members.

My question is, is it better to arrange a lease now (if that is even possible!) or would I have to wait for the chanote and then arrange it? the title wil be in my wifes name, fine by me as long as I can lease it from her

I have read in other threads about the so called " Usafruct" Maybe a better option but like most of us I just want some protection for enough time to keep living here without the worry of it going pear shaped and being turfed out when your 70!

[SamuiRes]

You say that you have built "on your wife's land". presumably therefore she already has title to it, whatever that title may be. If it is being upgraded to Chanot and has concrete pegs at each corner, it sounds as though it is Nor Sor Sam Gor. If that is the case you can register a lease now - provided your wife agrees of course!

If on the other hand, reading between the lines, the land is still in the mother in laws name, then the presumtion is that the upgrade in title is part of the process of transferring the land to your wife. Registering a lease on the land should not prevent the upgrade and transfer of ownership but only you know the family politics as to whether it is best to wait until the land has been transferred if this is the case.

[chownah]

If the cost of making a lease is not prohibitive then you could make one now and then make a new one once the chanote is final.

[Dragonman]

You say that you have built "on your wife's land". presumably therefore she already has title to it, whatever that title may be. If it is being upgraded to Chanot and has concrete pegs at each corner, it sounds as though it is Nor Sor Sam Gor. If that is the case you can register a lease now - provided your wife agrees of course!

If on the other hand, reading between  the lines, the land is still in the mother in laws name, then the presumtion is that the upgrade in title is part of the process of transferring the land to your wife. Registering a lease on the land should not prevent the upgrade and transfer of ownership but only you know the family politics as to whether it is best to wait until the land has been transferred if this is the case.

<{POST_SNAPBACK}>

SamuiRes is correct. If Nor Sor sahm Gor or chanote you can lease now.

I prefer the lease method as the Usufruct in my opinion is not fully understood by Thai lawyers or Land Offices. The Civil Code is basic and there are many conditions in the Napoleonic Code from which it has been taken, and which any Judge may depend on.

[stevehaigh]

If the cost of making a lease is not prohibitive then you could make one now and then make a new one once the chanote is final.

<{POST_SNAPBACK}>

if you make a lease now, i don't see a reason you would have to make another one after the chanoht is made. just make it clear on lease that it's life extends beyond change of title or ownership of the land. you should do that anyhow.

[chownah]

If the cost of making a lease is not prohibitive then you could make one now and then make a new one once the chanote is final.

<{POST_SNAPBACK}>

if you make a lease now, i don't see a reason you would have to make another one after the chanoht is made. just make it clear on lease that it's life extends beyond change of title or ownership of the land. you should do that anyhow.

<{POST_SNAPBACK}>

My suggestion was to solve any problem that might arise due to the legal ownership of the land at the present. If the ownership at present is of the type that does not allow leases then when the chanote is finalized a new lease could be signed to eliminate any possible legal ambiguity of a lease signed when ownership did not allow a lease. Also be sure the lease gives EXCLUSIVE rights to the house AND land AND any other structures or improvements that exist at the time of the signing of the lease or are constructed or installed after the signing.