extending a lease that still has 20 years left

[steve2112]

a friend of mine has 20 years left on a 30 year lease. he'd like to lock in another 10 years to bring it back up to 30 now. is it legal to create a new 10 year lease that starts in 20 years from now? what would be the process for doing that?

thanks, steve

[humqdpf]

It always amazes me that people will come to the forum with questions of a complex legal or health nature which are impossible to answer without direct knowledge of the facts (in this case, the actual lease).

Few members of the forum have knowledge let alone a degree or qualification or certification in Thai law. Even if there is one, they would need to spend time using their expertise to reach a judgement on the question.

Why don't you find a good real estate lawyer, put your questions and concerns to him and pay him his fee?

[bark]

It always amazes me that people will come to the forum with questions of a complex legal or health nature which are impossible to answer without direct knowledge of the facts (in this case, the actual lease).

Few members of the forum have knowledge let alone a degree or qualification or certification in Thai law. Even if there is one, they would need to spend time using their expertise to reach a judgement on the question.

Why don't you find a good real estate lawyer, put your questions and concerns to him and pay him his fee?

Most of the good lawyers are members of Thai Visa. It is a simply question. that a lawyer can answer. The guy still needs a lawyer to extend the lease, if it can be done at all. This save the guy two hours traveling in a car or taxi, to ask the question.

It also amazes me that people like you care so much ; to complain. Why even open the thread ? You know the people will ask a question !

Just move along.

[SOUTHERNSTAR]

In the past it was allowed to have a 30 years lease after the first 30 years have passed. There was however a case where the court found that you cannot have a lease on lease agreement locked into the first lease. I would recommend that you consult a lawyers and I would have rather look at a new 30 lease instead of 2 lease agreements.

[trogers]

Leases of more than 3 years in length have to be registered against the title deed.

Are you asking the Land department to supercede the first lease with remaining 20 years, with a new lease of 10 years?

If not, how can the two leases exist on the title deed at the same time?

[user7643446845]

It seems to me that if the lessor and the lessee agree to terminate the existing lease-then surely a new 30 year lease can be agreed and instigated.

Both parties will have to agree.

Maybe the law says something different.

[GOLDBUGGY]

A 30 year lease is the maximum allowed under leasing a property, otherwise your friend would have a leased for 40 years. So since he applied for the maximum, and got that, he can't extend his lease right now. There is some debate on even if he will be able to do this after 30 years.

What may be possible is cancelling his lease and then get a Usufruct, which he can hold for life. But to be honest I don't know for sure as I never tried it, although I do have a Usufruct for life.

Your best bet is to talk to someone in a higher position at the Land Office and see what they say. I doubt a Lawyer can help you with this as it is not something they would see often, if at all. I found that in Thailand there is usually a way of doing things. The trick is to figure out that way first. .

[steve2112]

It seems to me that if the lessor and the lessee agree to terminate the existing lease-then surely a new 30 year lease can be agreed and instigated.

Both parties will have to agree.

Maybe the law says something different.

then he'd have to pay tax on the whole 30 years. the point is to only pay tax on the additional 10

[user7643446845]

It seems to me that if the lessor and the lessee agree to terminate the existing lease-then surely a new 30 year lease can be agreed and instigated.

Both parties will have to agree.

Maybe the law says something different.

then he'd have to pay tax on the whole 30 years. the point is to only pay tax on the additional 10

You never specified motives in the OP

Your friend wants too much I think !

[Mudcrab]

On 7/29/2016 at 3:24 PM, bark said:

Most of the good lawyers are members of Thai Visa. It is a simply question. that a lawyer can answer. The guy still needs a lawyer to extend the lease, if it can be done at all. This save the guy two hours traveling in a car or taxi, to ask the question.

It also amazes me that people like you care so much ; to complain. Why even open the thread ? You know the people will ask a question !

Just move along.

Name a few - Thai lawyers that is.

I'm sure they would love the free advertising.