Foreigners own land and property. myth or true ?

[steven23]

Dear thaivisa members,

I would like to check this information. One of mine acquaintance is telling me that is possible to own 100% properties and land, I dont know if you know her, she is from Chiang Mai, her thai husband died in car accident last year so she inherited all that were belonging in them as married couple. She has court decision, unfortunately its on thai so I cant understand, but it looks legit and mine thai lawyer confirm it, although he is not sure how is that possible. So she is now selling her property and my wife and I would like to buy it, but we are afraid that it could be scam, what do you think ?

regards,

Steven

[ThaidDown]

A foreigner can inherit land but unless they get specific permission from the Interior ? Minister (never heard of it being given) then it must be sold within 1 year.

Edit to add info http://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

Edited August 22, 2014 by ThaidDown

[Tywais]

A foreigner can inherit land but unless they get specific permission from the Interior ? Minister (never heard of it being given) then it must be sold within 1 year.

^^

[billd766]

AFAIK if my Thai wife dies and I inherit the land and property I have to sell it as under Thai law (and I am sure somebody will say different) I have to sell the land and property. In my case it will not come to me anyway as it will go to our son who is at present only 10 years old. I am his father and also would be his legal guardian and any decision regarding the land and property would have to be made by the Families Court to ensure that it would be in my son' best interest.

A condo I could inherit but not it seems on the ground floor.

[villagefarang]

Has she by any chance obtained Thai citizenship in the past?

[bottledwater]

I have heard that a foreign woman marrying a Thai man can get Thai citizenship.

And I have a foreign friend whose Thai wife passed away. He was given one year by a Thai court to divest himself of the property. The judge was ok about it (as ok as can be when forcing someone to sell his house). I got the impression the court might grant an extension if the widower needed it. Probably up to the judge . . . . .

[mamborobert]

A foreigner can inherit land but unless they get specific permission from the Interior ? Minister (never heard of it being given) then it must be sold within 1 year.

Edit to add info http://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

+1

The only odd variation of this I have seen workable is where children were involved and the husband has been left as executor to distribute property to children at some point in the future....in which case they are not inheriting more custodial like Bild766 stated.

As I understand there are no time limits on the execution of a will in Thailand unless a third party (including Lands Offiec) were to bring on an action for execution in the courts.

I was rather suprised yesterday when I saw one CM realtor have a new advertsiement titled "Stunning Five-Bedroom (Freehold) Townhouse Available for Foreign Ownership - Hang Dong". No fine details of course........put me right off even considering them.

Op might be best for another forum rather than CM.....or having a detailed search.

If widow is Thai then there really shoud lbe no problems with purchase....and a quick trip to the Land Office would clear most things up anyway. If they are happy...you can be happy.

[Thighlander]

A townhouse can be a condominium......quite common in the US; it's starting to catch on here. I think some of these things at the beaches called "villas" are considered condos, too.

In your case; a lawyer will check the validity of all the paperwork. Usually, the Land Office will tell you if the Chinot is good or not, but in this case it is a matter of the seller's name not being on the Chinot. Go in low, she likely wants out fast....and most widows I've seen, don't really know anything about house upkeep, just what the contractors tell them.....so that and legal fees mean a price reduction.

[DaamNaam]

They can if they become Thai citizens, end of story. Otherwise only leasehold, never own it.

[Berkshire]

A foreigner can inherit land but unless they get specific permission from the Interior ? Minister (never heard of it being given) then it must be sold within 1 year.

^^

So then, isn't this the reason why she's trying to sell...because she has to?

[steven23]

A foreigner can inherit land but unless they get specific permission from the Interior ? Minister (never heard of it being given) then it must be sold within 1 year.

^^

So then, isn't this the reason why she's trying to sell...because she has to?

yes good qestion, and why she offer to another farang ? she is telling me if I buy I will have 100% ownership???

[steven23]

They can if they become Thai citizens, end of story. Otherwise only leasehold, never own it.

Really? she told me that she is only inheritor and that she has court verdict ?

[steven23]

A foreigner can inherit land but unless they get specific permission from the Interior ? Minister (never heard of it being given) then it must be sold within 1 year.

Edit to add info http://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

thats ok, but then why is she selling to me? Im foreigner, I cant own 100%, or I can???? can I get that permission?

[steven23]

AFAIK if my Thai wife dies and I inherit the land and property I have to sell it as under Thai law (and I am sure somebody will say different) I have to sell the land and property. In my case it will not come to me anyway as it will go to our son who is at present only 10 years old. I am his father and also would be his legal guardian and any decision regarding the land and property would have to be made by the Families Court to ensure that it would be in my son' best interest.

A condo I could inherit but not it seems on the ground floor.

but wait..you will sell it to Thai or foreigner ????

[onthedarkside]

A foreigner can inherit land but unless they get specific permission from the Interior ? Minister (never heard of it being given) then it must be sold within 1 year.

Edit to add info http://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

thats ok, but then why is she selling to me? Im foreigner, I cant own 100%, or I can???? can I get that permission?

Under Thai law you can 100% own the building, but you as a foreigner, cannot personally own the land in normal circumstances.

[sfokevin]

All I would say to the original OP question is not to transfer any money to the present owner until you are at the land office and see a finalized transfer deed on your name...

[steven23]

A foreigner can inherit land but unless they get specific permission from the Interior ? Minister (never heard of it being given) then it must be sold within 1 year.

Edit to add info http://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

thats ok, but then why is she selling to me? Im foreigner, I cant own 100%, or I can???? can I get that permission?

Under Thai law you can 100% own the building, but you as a foreigner, cannot personally own the land in normal circumstances.

define normal

[steven23]

All I would say to the original OP question is not to transfer any money to the present owner until you are at the land office and see a finalized transfer deed on your name...

where is land office in CM?

[Mapguy]

A foreigner can inherit land but unless they get specific permission from the Interior ? Minister (never heard of it being given) then it must be sold within 1 year.

Edit to add info http://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

thats ok, but then why is she selling to me? Im foreigner, I cant own 100%, or I can???? can I get that permission?

Under Thai law you can 100% own the building, but you as a foreigner, cannot personally own the land in normal circumstances.

That is basically the story.

"Normal circumstances" is a fuzzy phrase, but basically valid. Under "normal circumstances," a foreigner who inherits Thai land is given a year to sell it. Considering any market difficulty in selling and depending upon the judge, this could be extended, but only reasonably so.

Above, someone makes reference to children. Whose children, legally, is a key question. And the court, even though a foreigner may have custody for a Thai minor after the mother's death, the court will most likely if not always watch that situation very carefully to ensure that the child's welfare is protected. So will the land office.

How all of this works relative to leases and usufructs can get more technical, but if you are going to plow that field, you better get a lawyer qualified and experienced with real estate law in Thailand. Not every lawyer qualifies.

Back to OP, it would appear that the woman's proposition is, shall we say, highly questionable!

[Mapguy]

A townhouse can be a condominium......quite common in the US; it's starting to catch on here. I think some of these things at the beaches called "villas" are considered condos, too.

In your case; a lawyer will check the validity of all the paperwork. Usually, the Land Office will tell you if the Chinot is good or not, but in this case it is a matter of the seller's name not being on the Chinot. Go in low, she likely wants out fast....and most widows I've seen, don't really know anything about house upkeep, just what the contractors tell them.....so that and legal fees mean a price reduction.

Best you should learn more Thai law and about the operations of a land office before posting so casually.

[onthedarkside]

Under Thai law you can 100% own the building, but you as a foreigner, cannot personally own the land in normal circumstances.

define normal

Basically I am saying that a foreigner cannot personally own land in Thailand. But I couch my statement in the case that some eagle beaver member comes up with some obscure exception.

[Tywais]

Under Thai law you can 100% own the building, but you as a foreigner, cannot personally own the land in normal circumstances.

define normal

Basically I am saying that a foreigner cannot personally own land in Thailand. But I couch my statement in the case that some eagle beaver member comes up with some obscure exception.

Not really obscure OTD.

1. Through company ownership though that is becoming tighter

2. 40 million baht investment for 5 years allow foreigner to purchase land for residential purposes.

Source - Chaninat & Leeds Thailand and International lawyers firm.

Also more here including the inheritance issue - http://www.samuiforsale.com/knowledge/land-property-ownership-thailand.html

[onthedarkside]

Basically I am saying that a foreigner cannot personally own land in Thailand. But I couch my statement in the case that some eagle beaver member comes up with some obscure exception.

Not really obscure OTD.

1. Through company ownership though that is becoming tighter

2. 40 million baht investment for 5 years allow foreigner to purchase land for residential purposes.

Source - Chaninat & Leeds Thailand and International lawyers firm.

Also more here including the inheritance issue - http://www.samuiforsale.com/knowledge/land-property-ownership-thailand.html

I did state 'personally own land'. Company or partner ownership is not personal.

If this member is in the 40 million baht investment category he would not be asking on Thaivisa, he would already have sound legal council

[Mapguy]

Under Thai law you can 100% own the building, but you as a foreigner, cannot personally own the land in normal circumstances.

define normal

Basically I am saying that a foreigner cannot personally own land in Thailand. But I couch my statement in the case that some eagle beaver member comes up with some obscure exception.

Not really obscure OTD.

1. Through company ownership though that is becoming tighter

2. 40 million baht investment for 5 years allow foreigner to purchase land for residential purposes.

Source - Chaninat & Leeds Thailand and International lawyers firm.

Also more here including the inheritance issue - http://www.samuiforsale.com/knowledge/land-property-ownership-thailand.html

All valid. I interpreted "normal" in terms of what the obvious majority of ThaiVisa CM denizens would consider "normal." Lovely hedge, "normal," in any case!

Edited August 22, 2014 by Mapguy

[ericthai]

A townhouse can be a condominium......quite common in the US; it's starting to catch on here. I think some of these things at the beaches called "villas" are considered condos, too.

In your case; a lawyer will check the validity of all the paperwork. Usually, the Land Office will tell you if the Chinot is good or not, but in this case it is a matter of the seller's name not being on the Chinot. Go in low, she likely wants out fast....and most widows I've seen, don't really know anything about house upkeep, just what the contractors tell them.....so that and legal fees mean a price reduction.

Even if a townhouse could be considered a condo an ex-pat would only be allowed to own 49% of the townhouse. If you buy a condo only 49% of the condos can be owned by ex-pats. So don't trust a lawyer telling you that you can buy a townhouse and it's legal just by calling it a condo.

[Mapguy]

A townhouse can be a condominium......quite common in the US; it's starting to catch on here. I think some of these things at the beaches called "villas" are considered condos, too.

In your case; a lawyer will check the validity of all the paperwork. Usually, the Land Office will tell you if the Chinot is good or not, but in this case it is a matter of the seller's name not being on the Chinot. Go in low, she likely wants out fast....and most widows I've seen, don't really know anything about house upkeep, just what the contractors tell them.....so that and legal fees mean a price reduction.

Even if a townhouse could be considered a condo an ex-pat would only be allowed to own 49% of the townhouse. If you buy a condo only 49% of the condos can be owned by ex-pats. So don't trust a lawyer telling you that you can buy a townhouse and it's legal just by calling it a condo.

I suggest not getting in too deep here with various interpretations of condo law. You DO need qualified and experienced legal assistance, not casual advice posted on ThaiVisa CM, certainly not from foreigners who post with no apparent legal training in Thai law, let alone legal qualifications to be helpful on such matters in Thailand. Otherwise, how is anything in US condominium marketing and law relevant here?!

Edited August 22, 2014 by Mapguy

[steven23]

I suggest not getting in too deep here with various interpretations of condo law. You DO need qualified and experienced legal assistance, not casual advice posted on ThaiVisa CM, certainly not from foreigners who post with no apparent legal training in Thai law, let alone legal qualifications to be helpful on such matters in Thailand. Otherwise, how is anything in US condominium marketing and law relevant here?!

Of course, I agree with you, problem is that my lawyer is surprised how this is happend, never in his law practice had experienced this kind of case, which I understand since not many thais who died had foreign spouse. I m also aware that most of people at ThaiVisa are not well informed, but then maybe someone experienced something similar. its wildly accepted that foreigner cannot own 100% of property and land, but now Im shocked with discovery that someone can own,

[steven23]

Has she by any chance obtained Thai citizenship in the past?

Sorry for late reply, Im new on this forum,

no she never obtained thai citizenship and I dont think its possible at all. no?

[steven23]

A foreigner can inherit land but unless they get specific permission from the Interior ? Minister (never heard of it being given) then it must be sold within 1 year.

Edit to add info http://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

thats ok, but then why is she selling to me? Im foreigner, I cant own 100%, or I can???? can I get that permission?

Under Thai law you can 100% own the building, but you as a foreigner, cannot personally own the land in normal circumstances.

That is basically the story.

"Normal circumstances" is a fuzzy phrase, but basically valid. Under "normal circumstances," a foreigner who inherits Thai land is given a year to sell it. Considering any market difficulty in selling and depending upon the judge, this could be extended, but only reasonably so.

Above, someone makes reference to children. Whose children, legally, is a key question. And the court, even though a foreigner may have custody for a Thai minor after the mother's death, the court will most likely if not always watch that situation very carefully to ensure that the child's welfare is protected. So will the land office.

How all of this works relative to leases and usufructs can get more technical, but if you are going to plow that field, you better get a lawyer qualified and experienced with real estate law in Thailand. Not every lawyer qualifies.

Back to OP, it would appear that the woman's proposition is, shall we say, highly questionable!

but she is selling, trying to sell to anyone. so if she needs by law to sell it because she is foreigner why she is selling to another foreigner ? Isnt it strange?

[steven23]

I have heard that a foreign woman marrying a Thai man can get Thai citizenship.

And I have a foreign friend whose Thai wife passed away. He was given one year by a Thai court to divest himself of the property. The judge was ok about it (as ok as can be when forcing someone to sell his house). I got the impression the court might grant an extension if the widower needed it. Probably up to the judge . . . . .

yes, but again, why is she selling to other foreigner ? isnt it strange?