Good Morning All..

We have a small house in thai village which we had built, and the land is in our daughter in law name, and has been for 6 years now..

Do we need a solicitor to do a lease for the land, or can we have a lease done by someone known to us, then we and our daughter in law and take it to the land office?

incase as people do, think why now a lease.. my husband and I have split up, he stays in Thailand I am in UK and it is I that wishes to have it leased now in both names to protect my share of the villa .. as it needs to sell but at the moment it is so hard to sell even in a village..

thank you

it would be nice to know if you are thai?

is your ex to be thai?

if you arnt thai you cant own the land,

i think youll have to give a few moew details,

sorry

I know we cannot own the land hence the lease..

neither of us are thai.. but have thai daughter in law, but now want to have the land leased instead of just left in her name..

You don't need a lawyer.

You can draw up a lease agreement between you that stipulates in plain Thai anything that you agree. you take this to the land office where they will use a standard land lease agreement that stipulates the lease period, rent details,. You both sign that standard agreement and then your own lease agreement is also fixed to the standard lease contract to cover any extras that you have agreed about. You then pay a tax based on the total rent payable over the complete lease term.

The leasee's name and lease references will be entered on the back of the land dopcument (Chanote/NS3G etc). The land can be sold, but the new owner has to honour the lease contract.

A foreigner can lease land for up to 30 years in their name only.

You don't need a lawyer.

You can draw up a lease agreement between you that stipulates in plain Thai anything that you agree. you take this to the land office where they will use a standard land lease agreement that stipulates the lease period, rent details,. You both sign that standard agreement and then your own lease agreement is also fixed to the standard lease contract to cover any extras that you have agreed about. You then pay a tax based on the total rent payable over the complete lease term.

The leasee's name and lease references will be entered on the back of the land dopcument (Chanote/NS3G etc). The land can be sold, but the new owner has to honour the lease contract.

A foreigner can lease land for up to 30 years in their name only.

Thank you simon.. much appreciated to your reply...

A lot may depend on the title deed for the land, a very high percentage of land in the villages are non-titled and originally assigned for farming and recognised only by tax paymkents to the local office and cannot be leased/sold etc.. yet many of us Farangs continue to build houses on it!

If your daughter-in-law is under the age of 20 you won't be able to get a lease on the land without court approval. If she is 20 years or old then do as simon43 suggests.

Leases are non transferable. Although this will give you protection to keep the property up to 30 years, you will not be able to sell. Daughter in law can sell and as stated the attached lease must be honoured. You can either rent the property or come to an agreement with the daughter in law to sell on your behalf and split the proceeds, however is it likely she will be willing to hand over proceeds of the sale even if she agrees.