Build a house on thai wife's father's land and he thinks he owns it

[1FinickyOne]

1 hour ago, bearpolar said:

That's bullshit. I told myself the same thing over and over. My grammar in my own language is equivalent to a bad 10 years old(I failed it in school, only thing i sucked at but they always gave me the minimum mark).

 

You know what? I picked up books on Thai, after a week i could read.

Later i did 6 months at Wallen and im pretty proficient for someone that never practices, enough to get some kind of point across if i need to.

 

 

 

 

 So, you are saying you are good at languages... just not very polite in English... 

[swissie]

Another one, that has joined the club. Membership Number 237'496.

Cheers.

[Mrjlh]

Who owns the "Chanote"?  Father owns chanote on the land (100%). daughter owns 50% house (50/50 law in divorce)... but her father actually owns 50% if not 100% of the house because it sits on his land and you have no lease for the land, so you own 0% house....family now owns 100%...you're left with 0%....hummm you lose. The lawyer is only making more money on a loosing proposition. If the father wants to build to Condo on his land where your house sits, you are out of luck! It's happened before and it will happen again. Walk away.

[JaiLai]

4 hours ago, ClutchClark said:

 

Thanks for the cultural insight.

 

Just guessing here but I don't think he is going to buddy up to the OP any time soon.

 

And the young lad in the video talking on his phone is not too happy with the old man's timing. 

I am sure he would have prefered the house be finished before kicking the OP off the property.

I thought the 'young lad' on the phone was a Tom?

[patrick1968]

Get out asap ,,,,,,old <<<Deleted....

[Berty100]

18 minutes ago, Mrjlh said:

Who owns the "Chanote"?  Father owns chanote on the land (100%). daughter owns 50% house (50/50 law in divorce)... but her father actually owns 50% if not 100% of the house because it sits on his land and you have no lease for the land, so you own 0% house....family now owns 100%...you're left with 0%....hummm you lose. The lawyer is only making more money on a loosing proposition. If the father wants to build to Condo on his land where your house sits, you are out of luck! It's happened before and it will happen again. Walk away.

 

It took some time, but that is exactly the situation. With the usufruct cancelled already and the land not in the name of the ex wife, the thread title should be amended.

 

Build a house on Thai wife's father's land and he thinks he owns it

 

If the lawyer tells you different, then you have the wrong lawyer, because you have no rights at all to the property.

Edited August 14, 2016 by Berty100
Speeling

[Happy Grumpy]

Just leave them all, immediately. 

 

Good luck, don't feel bad. 

[jak2002003]

Leave it all. 

 

You should have gone up to him and grabbed his balls when he invited you and gave them a hard twist! 

 

Seriously why are you even there now? 

 

Move on with your live and let them have the half built house.. which will never get finished. 

[JHolmesJr]

I thought the tom was the wife. 

[BudRight]

4 hours ago, bearpolar said:

That's bullshit. I told myself the same thing over and over. My grammar in my own language is equivalent to a bad 10 years old(I failed it in school, only thing i sucked at but they always gave me the minimum mark).

 

You know what? I picked up books on Thai, after a week i could read.

Later i did 6 months at Wallen and im pretty proficient for someone that never practices, enough to get some kind of point across if i need to.

 

 

[tomwct]

Stop construction and take away all the materials and get the hell out of there and never return!

[canopy]

According to him it is his place and you are an unwanted trespasser on the property. In his mind you are nothing more than a stray dog that needs chased off. If you believe you have a right to be there or ownership claims to anything there, then get the police and a translator together with him to clear the air on who owns what. If you are too weak to do even this, then I can't see you demolishing anything and it's doubtful you'd even have that right.

 

[Syduan]

If you have the receipts. you own the house/materials and he owns the land,

[williamgeorgeallen]

walking away from this is the only option. the longer you stay the more you will loose. i know you think you are going to loose walking away but you need to cut your losses. this is not and will never be your house. think i would have to smash everything before i left but have to be careful about how you go about this as you might get shot. guy i heard of paid to put a bulldozer through the house he paid for. he watched from the window of a taxi that then took him to the airport.

[williamgeorgeallen]

16 minutes ago, Syduan said:

If you have the receipts. you own the house/materials and he owns the land,

pretty sure the father in law does not interpret the law that way. twice a day they listen to a song that tells them over and over again how every inch of thailand belongs to the thais. 

[little mary sunshine]

Same story reported hundreds of times

on TV. stupid foreigner!!

 

Solution:. GASOLINE & MATCH 

[thairay]

Ha ha  you are already gone and do not know it. Should have picked up the clue when our wife became your ex. If someone shows you their ass, you either kiss it , or kick it....you chose to film it and shame yourself here..Too late as they all have seen proof you will do nothing.. better to have beat them all with the old man and then asked who did not like it. I suppose you have an ex somewhere who did the same and got the lot...

[aliep]

It is possible to own a house on someone elses land, but only with a written agreement from the outset.  Otherwise whatever you build automatically becomes the land owners property.

 

If you attempt to demolish it, you will be arrested and will have to make financial restitution or you will end up in jail, until such time as you do.

 

The house was always his, a hard lesson, but that is the law.

 

There is one exception, anything portable.  For the house to be portable it must be obvious, i.e. a caravan with wheels, if you have to dismantle it to move it, it doesn't apply.  I took legal advice on this exact situation and was told this, I resolved it by negotiation and a small payment with relevant paperwork.

Edited August 15, 2016 by aliep
addendum

[dotpoom]

According to my wife he did not say he owned the house.... yes he owns the land and is helping to build the house for man and his wife to stay....if he is not happy the husband can take his house and go.

   Sounds reasonable enough to me? 

[BwindiBoy]

Have some respect for yourself man.  Why would anyone stick around when treated like that.  Run.  Run fast.

[IAMHERE]

Why are you building a house on your x wife's fathers land ?

[Toscano]

Yes he does own the house ! My guess is that his daughter is completely ignorant of her position relative to the land ; she has misled you into thinking you can build a house there .  You have been unwise to even consider building a house there , without first establishing a legal right to do so , a lease of so many years or father legally giving a gift of a small plot of land to his daughter .  The old man looks and sounds a bit of a scumbag , you are better off out of there .  Find another woman who already owns a house on her land . I suspect that even if you had made a substantial gift of money to the old man , it would have been just the same .  When you get married in Thailand , you marry all the family as well , better to check them out thoroughly before committing yourself in any way .

[IAMHERE]

14 hours ago, slipperylobster said:

 

Yeah...go to the funeral, and grab your crotch as he burns.

By the way....not likely the inheritors of that property will ever let you get it either.

 

Be sure to show clips of that video at the funeral party.

[SOTIRIOS]

...what did you think....

 

...he is now clearly telling you .... 'get lost'...'get out of here'......

 

....watch out for your life next buddy.....

 

...all the cards are stacked against us....

 

...and our governments and embassies say.... 'personal matter'.........

 

...next...one lie or one slander will have you arrested or lynched....

 

...they will get a whole village of witnesses.....

 

....truth and justice have no bearing.....

 

...lawyer....think again....you will pay a fortune and assuredly lose in the end.....

 

...cannot say about your wife but....that is where this all started.....and whatever is yours....is hers now....

 

...so you don't even figure in the equation any more.....

 

...they may be primitive....but they have this one down pat.....

 

...welcome to hell.......

 

 

[little mary sunshine]

Ignorant can be educated; crazy can

be medicated;. You can't cure stupid!!

[catman20]

there one born every day................. why would anyone put there self in that poisson 

[Berty100]

1 hour ago, Syduan said:

If you have the receipts. you own the house/materials and he owns the land,

 

 

You can not own any construction you built on land for which you have no lease agreement or similar written agreement.

 

If taken to the extreme the OP could even be liable for intruding someone else property and building on it without an agreement.

[offset]

11 hours ago, Berty100 said:

 

It took some time, but that is exactly the situation. With the usufruct cancelled already and the land not in the name of the ex wife, the thread title should be amended.

 

Build a house on Thai wife's father's land and he thinks he owns it

 

If the lawyer tells you different, then you have the wrong lawyer, because you have no rights at all to the property.

 

Taken from the Civil and Commersial Code

 

Section 1310. If a person has, in good faith, constructed a building upon another person's land, the owner of the land becomes the owner of the building, but he must pay the constructor for any increase of value accruing to the land by reason of the building. 
However, if the owner of the land can show that there was negligence on his part, he may refuse to take the building and require that it be removed by the constructor and the land put in its former condition, unless this cannot be done at reasonable costs, in which case he may require the constructor to buy the whole or part of the land at the market price.

Section 1311. If a person has, in bad faith, constructed a building upon another person's land, he must return the land after having put it in its former condition, unless the owner of the land chooses to have it returned in its present condition, in which case the owner of the land must pay at his option the price of the building or a sum representing the increased value of the land.

[F4UCorsair]

Was it Peter, Paul, and Mary who sang   When Will They Ever Learn?

 

Unless you contracted with the land owner, to secure ownership of the building,  prior to building, it now belongs to him.

 

If it becomes too dangerous to demolish and remove the building, burn it to the ground.  Either way, you won't have a building, but if you burn and run, you will have your life.

 

I'd be very wary of the daughter's involvement here.  I'm sure you trust her, but thousands of other foreigners have trusted their Thai wives/girlfriends, and ended with nothing too.

[silent]

13 hours ago, pattayahenry said:

"He even kicked his own daughter out".
dont believe that, thats only a show for you, his daughter has the legal duty to support him, if he is older, he will not reject that. if you loose the house, your thai girlfriend is to blame, nobody else, very likely she has 5 other falang friends, who are just waiting to build another house.
such things happen every single day in thailand. you are lucky, if you survive that. police always say- suicide.

 

Because it is suicide if you think about