Leased Land from Life's Usufructuary

[SOMeTOM]

you should have no problem leasing the land and retaining full control of the land after the lease expires.

Yes, just looking up for some more info to support that, thanks

[ricklev]

Supreme Court ruling 2297/1998 confirms nothing since Supreme Court rulings are not binding.

I guess my work here is as done as it's going to be........ :}

[oracle]

Supreme Court ruling 2297/1998 confirms nothing since Supreme Court rulings are not binding.

I guess my work here is as done as it's going to be........ :}

I think you are partly right in previous posts, but supreme court rulings are binding.

For tv members who can read Thai (please come back and explain) the land office has a handbook explaining a bit of usufruct here http://www.dol.go.th/dol/images/medias/dol/example/lo/smt/handbook/november/news1.htm . It also mentions the above supreme court judgment. What I know the land office does not allow any foreigner to register a lease over property under usufruct.

[ricklev]

Supreme Court ruling 2297/1998 confirms nothing since Supreme Court rulings are not binding.

I guess my work here is as done as it's going to be........ :}

I think you are partly right in previous posts, but supreme court rulings are binding.

For tv members who can read Thai (please come back and explain) the land office has a handbook explaining a bit of usufruct here http://www.dol.go.th/dol/images/medias/dol/example/lo/smt/handbook/november/news1.htm . It also mentions the above supreme court judgment. What I know the land office does not allow any foreigner to register a lease over property under usufruct.

OK. What the heck. I can't resist. One more post.....

Google: Are Thai supreme court decisions binding on lower courts.

https://www.google.co.th/search?q=Are+Thai+supreme+court+decisions+binding+on+lower+courts&oq=Are+Thai+supreme+court+decisions+binding+on+lower+courts&aqs=chrome..69i57j69i59&sourceid=chrome&es_sm=122&ie=UTF-8

I'm not partly right. I'm completely right because all I'm doing is repeating what was told to me by Thai property law professors, working Thai property lawyers, and a Thai Supreme Court justice. We sat with the court ruling being discussed and debated this issue for half an hour.

Even if the Land Department in an astonishing decision allows a usufruct holder to register a lease, that lease can still be invalidated despite the Supreme Court ruling. The Supreme Court decision is strongly persuasive argument that the rights of the innocent third party lessee should be respected but it's also fact specific.

Legalities aside the key point anyone should take away is that you are not going to register a lease if you hold a usufruct and you should not even think about trying to lease from the usufruct holder and not the land owner.

Edited October 29, 2014 by ricklev

[SOMeTOM]

I can't wait to see someone to post that a usufruct can't be given to a foreigner because it's a privilege reserved to thai only....ehmmm....ok, no worries, i got my (good)answers , it's all good, thank you all

[SOMeTOM]

What I know the land office does not allow any foreigner to register a lease over property under usufruct.

What i do know is that many land offices would not allow foreigners to register a usufruct al all, still, not all of them though and it also depends from the particular employee you talk to and also the way that particular employee feels on that particular day and time, as many many many other things in LoS.

[SOMeTOM]

It doesn't cease to amaze me to what extremes someone will go to denies what even the law with facts have demonstrates, why don't you go and try to over rule what is not acceptable in your views?

I am sure the courts will find it at least entertaining....

[donx]

Let us know when you get a lease for the land for which you are a usufructuary. Also let us know the length of the lease and any other details that may assist others in doing the same thing.

Glad to see the lawyer confirmed my response to your question.