Buying Land and being a foreigner.

[DerekMarshall]

Having being scolded that it is in no way possible for a non Thai to purchase land on a prior topic I do ask what is the best way for a foreigner

to go about purchasing land in Thailand.

I have a Half Thai Daughter, on a non o visa and know of an emergency sale of land at a darn good price about 1/3 below market value if I was to sell it immediately!.

Obviously land in my name is best option (if possible) if not well my daughter.. how do I go about it if 1) for myself or 2) for my daughter.

[David48]

Dear Derek ... from a legal perspective, you don't have a 'Half Thai Daughter'.

You have a Thai Daughter with Thai and (presumably) UK Citizenship.

[rhodie]

I believe you can buy land in your daughters name, but it can't be sold until she is 20 without going through the courts.

http://www.thaivisa.com/forum/topic/496649-can-i-buy-a-house-and-put-the-deeds-in-my-childs-name/

There are many topics about this if you do a search.

[sanuk711]

"I know of an emergency sale of land at a darn good price about 1/3 below market value if I was to sell it immediately!.---DerekMarshall"

You can put the title deed in my Thai fiends name Derek-----everything will be OK....... Trust Me.......................

[1FinickyOne]

If you can sell it immediately at what sounds like a 1/3 profit margin, why can't the owner do the same? Be very careful of the accuracy of your information. Your "buyer" might just be a talker… sorry to be off point a little, but I have seen so much talk of bargains that did not turn out to be such...

[cardinalblue]

You need to put the property in your child's name if she is a Thai citizen. I don't believe what the poster said about that it can't be sold until she is 20. My understanding is one must name a guardian for the property at which time when she turns 20 then she the child has complete control of the land. Now the question becomes can the land be sold prior to the child/owner turning 20?

Our lawyer told us yes as the guardian has the decision-making power but the money from the transaction must continue to be under the child's name. What I don't know for certain is if a foreigner (i.e. father in my case) can be named the guardian. Our lawyer told us yes but I never verified it. You need to find out the correct answer...

Our child is only three but I could see a scenario play out where lets say the child is 16 or 18 and the guardian is the mother or grandmother and not a nice person. The child wants to keep the land but the evil mother wants to sell it. My guess is the child could retain a lawyer to represent her interests/rights and possibly block the sale of the land. I definitely see this type of scenario playing out in the courts and rightfully so...

CB.

[Mario2008]

A foreign naitonal cannot own land.

A Thai child can own land, but the land is under the protection of the Thai courts. It will be the poperty of the child and you are allowed to manage the property, but for certain actions, such as selling the porperty, you need prior court approval.

Land of course would belong to the child and you have no claim to the land.

[Suradit69]

"I know of an emergency sale of land at a darn good price about 1/3 below market value if I was to sell it immediately!.---DerekMarshall"

You can put the title deed in my Thai fiends name Derek-----everything will be OK....... Trust Me.......................

"Thai fiends name Derek "

Not sure that your Thai acquaintance would like being called a "fiend."

Edited July 28, 2014 by Suradit69

[JesseFrank]

A foreign naitonal cannot own land.

A Thai child can own land, but the land is under the protection of the Thai courts. It will be the poperty of the child and you are allowed to manage the property, but for certain actions, such as selling the porperty, you need prior court approval.

Land of course would belong to the child and you have no claim to the land.

Don't want to hijack the thread, but can there be a lease or usufruct on a property owned by a child, without the need for court approval ?

[Si Thea01]

"I know of an emergency sale of land at a darn good price about 1/3 below market value if I was to sell it immediately!.---DerekMarshall"

You can put the title deed in my Thai fiends name Derek-----everything will be OK....... Trust Me.......................

"Thai fiends name Derek "

Not sure that your Thai acquaintance would like being called a "fiend."

The poster appears to have left out a comma and it should have read, "you can put the title deed in my Thai friend's name, Derek." The name of the original poster. With the additional being added, " everything will be OK Trust me." I would say this poster is making a statement with tongue in cheek. I think maybe fiend is a typo and now you are trying to make a humorous statement.

[trogers]

"I know of an emergency sale of land at a darn good price about 1/3 below market value if I was to sell it immediately!.---DerekMarshall"

You can put the title deed in my Thai fiends name Derek-----everything will be OK....... Trust Me.......................

"Thai fiends name Derek "

Not sure that your Thai acquaintance would like being called a "fiend."

The poster appears to have left out a comma and it should have read, "you can put the title deed in my Thai friend's name, Derek." The name of the original poster. With the additional being added, " everything will be OK Trust me." I would say this poster is making a statement with tongue in cheek. I think maybe fiend is a typo and now you are trying to make a humorous statement.

OP's intention is to make a profit. Query is on how to commit an illegal act. Anyone wants to give advice?

[parallaxtech]

Go to the best lawyer in your area and they will lay out your legal options. This is the main way that foreigners "own" or control their property as described below by Siam Law (one of the sponsors of Thaivisa):

Q: HI, I have found a house and land that I would like to buy, just wondering how safe it is using the technique of buying the place using a thai company?

A: This process is safe if you follow the proper procedures, the company in question must be a Thai majority company. As such you will have the minority of shares, a maximum of 49%. You will need to implement the system of preference shares giving your shares more voting value than the Thai majorities normal shares. By doing this you will ensure that you are in full control of your company and thus your land and house.

Siam Firm InterLaws

Bangkok: 496-502 Amarin Plaza Building 5th. Ploenchit Rd, Pathumwan, Bangkok, 10330
Hua Hin: 13/59 Soi Huahin 47/1, Petkasem Rd, Hua hin District, Prachuabkirikhan Province, 77110
Pattaya: 413/33 Moo 12 Nongprue, Banglamung, Chonburi 20150

[cardinalblue]

You would need to look into a long term lease so you can live there if house and if child passes before you could the proceeds return to you after lease completion. I do know you have some rights even though no land ownership..

Child could leave land rights to you but must sell up to one year...

Edited July 28, 2014 by cardinalblue

[belg]

i hope thailand will not come up with new laws in the future and saying children of farang, cannot buy land anymore ...

us farang, farang name, cannot own land, but our children, with our farang surname, can ...

see the ill-logic ?

so why we cannot buy it ?

[trogers]

i hope thailand will not come up with new laws in the future and saying children of farang, cannot buy land anymore ...

us farang, farang name, cannot own land, but our children, with our farang surname, can ...

see the ill-logic ?

so why we cannot buy it ?

So that we would not one day in the future see Ban Nokajok be renamed 'Smithville'.

Your children need to declare that they want to be Thai when they reached 20 years of age, and also have to change their farang surname to a Thai surname.

If not, they will be given a year to sell the land.

Edited July 28, 2014 by trogers

[Sophon]

Your children need to declare that they want to be Thai when they reached 20 years of age

Wrong

and also have to change their farang surname to a Thai surname.

Wrong

If not, they will be given a year to sell the land.

Wrong

Sophon

[Showbags]

There are ways around it OP....I currently have several blocks of land up for sale....just depends on your own personal situation...

[cardinalblue]

Is that really true that a child has to specify they want to be thai at 20? How do they do that? By giving up their foreign passport?

Have to change their last name to thai? My wife changed her last name to mine and then made that same change on the house/land deed and rice land title. She's still the rightful owner and that change happened five years ago...

Sure hope you are wrong....

CB

[Mario2008]

A foreign naitonal cannot own land.

A Thai child can own land, but the land is under the protection of the Thai courts. It will be the poperty of the child and you are allowed to manage the property, but for certain actions, such as selling the porperty, you need prior court approval.

Land of course would belong to the child and you have no claim to the land.

Don't want to hijack the thread, but can there be a lease or usufruct on a property owned by a child, without the need for court approval ?

You can give land to the child with the usefruct attached to it. Afterwards you would need court permisison to establish a usefruct, which you are unlikely to get as it will normally not be seen in the intrest of the child.

[Mario2008]

i hope thailand will not come up with new laws in the future and saying children of farang, cannot buy land anymore ...

us farang, farang name, cannot own land, but our children, with our farang surname, can ...

see the ill-logic ?

so why we cannot buy it ?

So that we would not one day in the future see Ban Nokajok be renamed 'Smithville'.

Your children need to declare that they want to be Thai when they reached 20 years of age, and also have to change their farang surname to a Thai surname.

If not, they will be given a year to sell the land.

A Thai national can chose between two naitonalities at the age of 20, but doesn't have to. It is just an option.

[JesseFrank]

A foreign naitonal cannot own land.

A Thai child can own land, but the land is under the protection of the Thai courts. It will be the poperty of the child and you are allowed to manage the property, but for certain actions, such as selling the porperty, you need prior court approval.

Land of course would belong to the child and you have no claim to the land.

Don't want to hijack the thread, but can there be a lease or usufruct on a property owned by a child, without the need for court approval ?

You can give land to the child with the usefruct attached to it. Afterwards you would need court permisison to establish a usefruct, which you are unlikely to get as it will normally not be seen in the intrest of the child.

That's what I was afraid of. Seems a bit complicated as you first need to persuade a Thai stranger, who probably has never heard about the term, to register a usefruct to you before the title deed can be transfered to the child.

[Tomtomtom69]

i hope thailand will not come up with new laws in the future and saying children of farang, cannot buy land anymore ...

us farang, farang name, cannot own land, but our children, with our farang surname, can ...

see the ill-logic ?

so why we cannot buy it ?

Because they are Thai citizens, you are not and that's the law (even though I don't like it any more than you do).

However, I think it has actually become EASIER over the years, at least for look kreung to buy land, compared to maybe 20+ years ago when they weren't even considered citizens by what were very racist previous governments. Consequently, 20+ years ago or whenever the law changed, children of most foreigners couldn't buy land, because they weren't considered citizens of Thailand. Now they can. I highly doubt that in this day and age, Thailand would be able to go back in time and create new racist laws like you are worried about.