Lease Options

[damotuxie]

Hi Guys.

I am fairly new to Thai visa and I guess these questions I am about to ask have probably been thrashed out some where along the line previously but I thought I'd just ask all the same.

I am thirty and my and my wife of three years is twenty two, we have a two year old child and a home about 25 kilometers from a small to medium township in the midnorth of Thailand. The home we have now was only recently finnished and the land papers are not available for around another two years. Once the papers are ready and the land becomes legally the property of my family I would then like to create some form of leasehold over the land.

My first question is: Given that I have a child, what benefits are there overall in possibly making my child the legal owner of the land? is it a good or bad idea?

Is without my child being the age of majority able to be named or a party to a legal document for instance a leasehold?

The main reason for my wife and myself wanting the land controled by myself or my daughter is my father in laws persistant pressure on my wife for money, without assets my wife being unable to access ludicrous sums of money he can never repay, hence bugger off.

In the coming year my wife and I intend to acquire land within the Muang of our province with the view to building our second home in time for my daughters schooling. So, how does one get from A to B in terms of buying land then getting to the stage where the western interest has a rock solid leasehold for that land? do we find suitable land, make the purchace in my wifes name (should involving my daughter be a poor choise) then instruct a conveyancer/property lawyer devise a lease agreement and then simply build?

also I see in Thailand a fair distinction between the land and the dwelling. Is it possible for a foreigner to own the home but not the land?

I know some of these questions may seem a little-huh- but they are all relevant to my current situation so your responses will be quite apprieciated.

Damo

[stevehaigh]

Hi Guys.

I am fairly new to Thai visa and I guess these questions I am about to ask have probably been thrashed out some where along the line previously but I thought I'd just ask all the same.

I am thirty and my and my wife of three years is twenty two, we have a two year old child and a home about 25 kilometers from a small to medium township in the midnorth of Thailand. The home we have now was only recently finnished and the land papers are not available for around another two years. Once the papers are ready and the land becomes legally the property of my family I would then like to create some form of leasehold over the land.

My first question is: Given that I have a child, what benefits are there overall in possibly making my child the legal owner of the land? is it a good or bad idea?

Is without my child being the age of majority able to be named or a party to a legal document for instance a leasehold?

The main reason for my wife and myself wanting the land controled by myself or my daughter is my father in laws persistant pressure on my wife for money, without assets my wife being unable to access ludicrous sums of money he can never repay, hence bugger off.

In the coming year my wife and I intend to acquire land within the Muang of our province with the view to building our second home in time for my daughters schooling. So, how does one get from A to B in terms of buying land then getting to the stage where the western interest has a rock solid leasehold for that land? do we find suitable land, make the purchace in my wifes name (should involving my daughter be a poor choise) then instruct a conveyancer/property lawyer devise a lease agreement and then simply build?

also I see in Thailand a fair distinction between the land and the dwelling. Is it possible for a foreigner to own the home but not the land?

I know some of these questions may seem a little-huh- but they are all relevant to my current situation so your responses will be quite apprieciated.

Damo

phew, buat hua, (head ache!). first off, under 18 cannot own land so forget about the kid option. you can own the house distinct from the land, but you will need proof you paid for it, i.e reciepts with your name on and proof the money was provided by you. however, if it was bought while you were married, it's 50/50 community asset with your wife anyhow.

the situation with the family sounds like a mess, better get as far away as possible.

i'm confused about "land papers are not available for around another two years". what the h_e_l_l does that mean? does the land have a proper title or not, i.e. nor sor 3 or chanoht, if not, no one should have built a house on it anyhow, it's not legal (except for the farmhouse exception). if it does have proper title, where is it and whoes name is it in? i think you need to clarify this point a bit.

steve

Edited January 28, 2006 by stevehaigh

[damotuxie]

Thanks.

The land was origianally purchased by my fatherinlaw some 20 years ago from the gent across the road, wo do live out in ban nok like I said and apparrently the papers cannot be made just like that and as it is my father in law himself has been waiting for all that time. He built what some people would call a house on the land but I flattened it to build our current home. I know everything is on the level and that I'm not just being told the papers are not existant just so that I'm kept out of the picture. I have heard this before with other people around our area of them having to wait for long periods of time before the actually hold the land title in there own name. I'm back home in Oz now so next time I speak to my wife I will get some more facts and post further.

Once again, thanks/

[stevehaigh]

Thanks.

The land was origianally purchased by my fatherinlaw some 20 years ago from the gent across the road, wo do live out in ban nok like I said and apparrently the papers cannot be made just like that and as it is my father in law himself has been waiting for all that time. He built what some people would call a house on the land but I flattened it to build our current home. I know everything is on the level and that I'm not just being told the papers are not existant just so that I'm kept out of the picture. I have heard this before with other people around our area of them having to wait for long periods of time before the actually hold the land title in there own name. I'm back home in Oz now so next time I speak to my wife I will get some more facts and post further.

Once again, thanks/

hum, sounds fishy to me. do you know what title it is? nor sor 3, chanoht (nor sor 4 jor) or something else. did you get a building permit to build the current house, the or-ba-tor usually wants to verify the title before you get a permit, but maybe things are done differently where you are.

if you want to get a lease on the land, you will need the title document to register the lease on. if your father in law is the land owner and he's the one that's always hitting you up for money, he may want to charge you a lot for the lease.

i don't know how much you spent on the house, but in my barely informed opinion of your situation, i wouldn't put any more money into this mess. if you can live in the house for a while, great, be happy, but don't ever expect to see one baht come back out of what you have spent!

steve

Edited January 28, 2006 by stevehaigh

[damotuxie]

Hi steve. I did'nt go to overboard with the house due mainly to the location about 1.2 mio. I love the spot were in, on the banks of the nam naan, but were a good half hour drive to town-schools, a break from the boredom so in that respect I'm glad. In the future should my wife and I choose to locate within the township well more or less use the home as a holliday house sort of thing for the weekends and somewhere to keep the folks. We did'nt have any sort of approval to build and I've never heard of that sort of thing either out in our area, but like I said, were out of town quite a distance, only farms and farmers out there. I am not to concerned about the parents selling it due to my belief that anyone with the money would'nt want to live out that far and anyone living there would'nt have the money. I still hav'nt spoken to the other half as yet but when I do I'll quizz her some more on the paperwork.

will get back soon. Damo

[Dragonman]

Hi Guys.

I am fairly new to Thai visa and I guess these questions I am about to ask have probably been thrashed out some where along the line previously but I thought I'd just ask all the same.

I am thirty and my and my wife of three years is twenty two, we have a two year old child and a home about 25 kilometers from a small to medium township in the midnorth of Thailand. The home we have now was only recently finnished and the land papers are not available for around another two years. Once the papers are ready and the land becomes legally the property of my family I would then like to create some form of leasehold over the land.

My first question is: Given that I have a child, what benefits are there overall in possibly making my child the legal owner of the land? is it a good or bad idea?

Is without my child being the age of majority able to be named or a party to a legal document for instance a leasehold?

The main reason for my wife and myself wanting the land controled by myself or my daughter is my father in laws persistant pressure on my wife for money, without assets my wife being unable to access ludicrous sums of money he can never repay, hence bugger off.

In the coming year my wife and I intend to acquire land within the Muang of our province with the view to building our second home in time for my daughters schooling. So, how does one get from A to B in terms of buying land then getting to the stage where the western interest has a rock solid leasehold for that land? do we find suitable land, make the purchace in my wifes name (should involving my daughter be a poor choise) then instruct a conveyancer/property lawyer devise a lease agreement and then simply build?

also I see in Thailand a fair distinction between the land and the dwelling. Is it possible for a foreigner to own the home but not the land?

I know some of these questions may seem a little-huh- but they are all relevant to my current situation so your responses will be quite apprieciated.

Damo

phew, buat hua, (head ache!). first off, under 18 cannot own land so forget about the kid option. you can own the house distinct from the land, but you will need proof you paid for it, i.e reciepts with your name on and proof the money was provided by you. however, if it was bought while you were married, it's 50/50 community asset with your wife anyhow.

the situation with the family sounds like a mess, better get as far away as possible.

i'm confused about "land papers are not available for around another two years". what the h_e_l_l does that mean? does the land have a proper title or not, i.e. nor sor 3 or chanoht, if not, no one should have built a house on it anyhow, it's not legal (except for the farmhouse exception). if it does have proper title, where is it and whoes name is it in? i think you need to clarify this point a bit.

steve

Hi steve. Currently on vacation in UK, so bit late to respond. My legal papers state that a child of a foreigner may own land in Thailand subject to the normal agreement that it is their own money and not that of the foreigner. The problem arises if ever the property needs to be sold, as a Court Order would be required in order for the Judge to ensure "dad" would not be taking any of the child's money.