Rent of lease land a few questions

[luckyluck]

A kind member here has helped me with the lease and wud like to ask some questions so I get the lease correct before going to a solicitor as I want to sound that I am aware of x y z etc and knowledgable so they don't talk me into anything ..

My situation is a bit complicated so will try and just ask basic question I. Regards to lease..

On a lease there is a clause that you have to pay rent ...

We paid for the land and looking back should of had a lease done back there thru the seller but my daughter in law had no idea on all this young never owned property etc..

So, we paid for the land.. Thankfully not a massive amount as was in thai village and they had the next plot .. Her and my son ..

So, she will have to be the land owner and we get the lease from her .. But wud this be seen as a gift to her?

Where a clause talks of renting the land .. Can we have that taken out being she is family and we paid for the land.. Or if no .. What is the lowest rent she cud charge for sake of is she has to ask for rent..

Thank you..

[luckyluck]

I am trying to do as much research as possible in a stuffed up situation ..

If anyone can recommend a good reasonable solicitor wud be much appreciated that done rip you off .. I am in Phuket ..

Thank you

Edited September 5, 2015 by luckyluck

[Khunangkaro]

You payed for the lease, not for the land. You are the leaseholder,the ​person who ​pays the ​owner of a ​piece of ​land or a ​building in ​order to be ​able to use it.

You will never be the owner.

The Land Office can give you advice.

[beerzy]

To answer your question the rental clause can be struck out of your agreement if it is ruled out with black pen and both the lessor and Lesse sign against the ruled out clause. both the Lessee and Lessor must initial each page usually at the bottom rh corner.

To own the land simply see the solicitor to do up an agreement which gives them ownership but there is agreement that if something happens to firm/solicitor the land reverts to you and you have 12 months to do something with it. I do not know of one in Phuket. BUT why dont you just purchase the land and if family living there simply lease back to them at peppercorn rate?

[Sheryl]

He can't purchase the land as a foreigner. Hence the desire to get a long term lease, which provides him with protection in terms of having the use of the land and right to live on it, build on it etc. A very reasonable way to proceed as opposed to leaving it just owned by Thai spouse or family member.

On a long term land lease you do not have to pay rent. That clause can be stricken or It can be filled out as a one time payment of X that you already made. I have exactly that situation on my own land lease: I paid for it some years before the lease paperwork was processed; the agreement states a one time payment of the amount already paid.

[beerzy]

He can't purchase the land as a foreigner. Hence the desire to get a long term lease, which provides him with protection in terms of having the use of the land and right to live on it, build on it etc. A very reasonable way to proceed as opposed to leaving it just owned by Thai spouse or family member.

On a long term land lease you do not have to pay rent. That clause can be stricken or It can be filled out as a one time payment of X that you already made. I have exactly that situation on my own land lease: I paid for it some years before the lease paperwork was processed; the agreement states a one time payment of the amount already paid.

So true Sheryl....But you can get the legal fiem buy the land and do an agreement with you. I have already asked and this is the way you can have land. Of course only if reputable legal firm.

[hugh2121]

The method I used was to buy the land in Thai person's name. At same time as registering the purchase with the land office a 30 year lease was also registered in my name. The lease stated that X,000,000 Bt rent for 30 years "paid in advance". If you are worried about it being deemed a "gift" the legal situation is clear. It is rent paid and not a gift. As confirmed by government land office and officially government stamped.

Edited September 7, 2015 by hugh2121

[luckyluck]

Thank you for replies ... Has helped a lot ..

Wil get it sorted properly so we do t pay rent..