House Purchase - Leased land

[BillBilous]

Hi All / Please advise

I am about to go through the process of buying land for Girlfriend , then legallly arrange a contact fro me to lease the land for 30 years

I intend to buy / build a house in MY name

I intend to do everything via a lawyer

Can any one advise if there is a better way to own property or indeed see any pit falls ?

What is the worst case scenario

has any body experienced problems with the sort of purchase - ownership

Can the land owner ever evict me from my house ? / land

all wise and wordily advise welcome

thanks

[AnotherOneAmerican]

Who are you buying the land from?

If relatives it should be a gift.

Where are you buying the land?

If in a rural village it and the house have no resale value.

Whose lawyer, someone she introduced you with? Or someone you found who has never had (and never will) be allowed contact with her?

Even then the lawyer could attempt to contact her and offer her a private deal.

There are especially problems with foreigners who don't speak the local language (not central Thai) buying land in rural communities where their gf lives. In the event of breaking up (always something to be considered) you would be surrounded by people that hated you and wished you harm. Even with a loving gf/wife, many foreigners isolated in this way quietly drink themselves to death from loneliness and boredom.

A completely different scenario if you are buying land away from her family within 1 hour driving of a metropolitan area.

Edited December 15, 2014 by AnotherOneAmerican

[BillBilous]

hi

thanks for the prompt response

to reply

Im buying land from a property developer

in a new developing area south of Hua Hin

Nearest relative is 600 km away

Just GF and I

I don't drink !!! Im a strong resourceful guy ….

i just wanted really to know of any problems if GF has the land gifted from me …..I lease via a lawyer

owe live together

but in the of a breakup could the land owner ? GF create any problems to me in my house ??

thanks for your advise

[AnotherOneAmerican]

but in the of a breakup could the land owner ? GF create any problems to me in my house ??

thanks for your advise

Having you killed would seem the only likely risk, in your situation.

It's not expensive.

You need to,

Make sure the lease has the option for you to sell on, or pass on in a will.

Many leases don't contain such clauses (hence ensure no contact between gf and lawyer)

Also make sure the land is leased before any building starts or is paid for.

[bangkoklawyer24]

The lease will pass away together with you - including the inheritance clause in it.

To really own the house you will need a Superficies.

If you get the lease for free, you can avoid registration fees and will lose the lease rights later because of circumvention of anti-nominee rules.

[jonclark]

If you buy land for your GF it is a gift, you have no legal right to that land. So my question for you to consider is this. If in the unfortunate event of you breaking up with your GF, What does your (ex) GF have to gain from letting you stay in the house that is on her land? Because the expectation as you have described it in the event of a split, might be a little naive.

Splits are usually acrimonious with 'pay back' often on the cards for those who feel jilted.

[BillBilous]

thanks for the message and advise

i understand that if i take out a 30 year lease on the land …. i am covered by law ?

i wil own the house

but not the land ….

but i have the right to access ?

please advise

Billy

[jonclark]

thanks for the message and advise

i understand that if i take out a 30 year lease on the land …. i am covered by law ?

i wil own the house

but not the land ….

but i have the right to access ?

please advise

Billy

As I said before what is the gain for your girlfriend should you split. The law is flexible especially where foreigners are concerned. To assume that she will be happy with a plot of land that she is unable to use as an asset for example as collateral against a bank loan, because it is tied into lease is too simple.

As I see it your thinking is. Buy land give it to your GF, lease land from GF build a house and live happily ever after. Seems a one sided deal. What does the GF gain? How much are you gonna pay for the lease, or are you expecting it for free??

[casualbiker]

Just marry her.. at least then your covered for 50% should it all go south!

[Anthony5]

Register a high valued mortgage on the land, then make 3 year leases which are automatically renewed. All legal.

When you have a registered lease and they want to evict you, you will have a reason to die, not so when you have a registered mortgage which goes to your heirs.

[AnotherOneAmerican]

Why not get a lease from the current landowner or developer and forget the gf?

Edited December 17, 2014 by AnotherOneAmerican

[JeremyBowskill]

Anything built on a legal loophole always seems to be on shaky ground to me. Its all good until some bright spark decides they don't like it anymore, a bit like the education visas at the moment. Get a condo or get married would be my advice, and in that order too!

[Xircal]

Here's an example of how you might come unstuck: Land purchase through Thai spouse forbidden: Land Department

On the subject of leases, this article is also worth a read: Your lease could be buried with you

[casualbiker]

Here's an example of how you might come unstuck: Land purchase through Thai spouse forbidden: Land Department

On the subject of leases, this article is also worth a read: Your lease could be buried with you

That first link is soooooo out of date.. when a Thai spouse buys property now the foreign spouse signs a document stating that any money was a gift and there are no rights to the land.

[simon43]

As mentioned, why don't you just lease the land for 30 years in your name only and build a house. You can easily find land where you just pay the lease amount monthly or quarterly, with no upfront payment.

I rent half a rai in Phuket for $300 per month, built some letting rooms on it and now have an average monthly income of $4,000 from those rooms, as well as my own little house to live in.

[rayongchelsea]

How old are you? After 60 what's the point..