Buying Or Inheriting Land

[whatshisname]

if i have a thai birth certificate, but an american passport, can i buy or inherit land?

[ProThaiExpat]

As far as inheritance is concerned, a farang can inherit land or have it willed to them but they must sell it to a Thai within a "reasonable" amount of time.

[bkk_mike]

Is one of your parents Thai, or were you simply born in Thailand...

If either of your parents is Thai, I believe you can apply for a Thai passport along with your US passport (dual nationality). (this may depend on how old you are and when you got your US passport - as I believe there was a period when getting a passport from another country was deemed to be revoking your Thai nationality)

Your best bet is to take along your birth certificate and ask at the passport office in Laksi (not far from Don Muang airport) - or from the Embassy if you're currently in the US. (They'll probably also want your parent's marriage certificate, copy of ID card/passport, etc. - i.e. the normal information for anyone applying for their first Thai passport).

Obviously, if you get a Thai passport, you should have no issues with buying land here, once you've also got an ID card...

I'm not certain of this, but I don't believe Thailand will classify you as Thai simply for being born here if your parents are both foreigners. (unless someone knows differently)

[dr_Pat_Pong]

He'll need a Thai parent to get Thai nationality.

[dr_Pat_Pong]

As far as inheritance is concerned, a farang can inherit land or have it willed to them but they must sell it to a Thai within a "reasonable" amount of time.

I'd check your facts somewhat more carefully.

[ProThaiExpat]

Dr Pat: Please elaborate. I am named in the will of the Thai who has my house and land in his name, the house in which I have a 30 year lease. Are you saying that the will, which was recorded in the amphur office, is no good?

[p_brownstone]

Dr Pat:  Please elaborate.  I am named in the will of the Thai who has my house and land in his name, the house in which I have a 30 year lease.  Are you saying that the will, which was recorded in the amphur office, is no good?

First of all I assume you are not Thai and have no claim to Thai Nationality?

1) Do you mean that a Thai owns the freehold to the land and he has granted you a 30 year lease on the land, and a house built on that land? (Irrespective of who actually paid for the land and construction etc.)

2) If so, are you under the impression that the the Thai owners' Will names you as the inheritant of the Land?

If this is the scenario I am almost certain that the bequest in the Will is invalid - as a non Thai individual you cannot own land in Thailand, even for a limited amount of time with the intention of re-selling.

[JimGant]

The following is quoted from some Thai legal document, which I've seen in several spots on the Internet, including right here at Thaivisa:

http://www.thaivisa.com/buy_condo_thailand.0.html

(The above link was dated November 2002, so the following info is not new, merely puzzling.)

QUOTE 

1. Application by Aliens for Acquisition of Land

    Nowadays, an alien may apply for acquisition of land in Thailand in three cases as follows:

1. Receiving inheritance as a statutory heir under section 93 of the Land Code, in this instance, the total area including the land which has already been acquired (or has not yet been acquired) shall not exceed that specified in section 87 of the Land Code, i.e. not more than 1 rai for a residential purpose;

(cases two and three involve bringing lots of money)

This tells that if my wife dies, and her Will leaves everything to me (which it does), then I can now own the land that had been in her name!!

Anyone have a take on this?

I've got a 30 year lease with the wife, and this was done to allow me to live at our place should she die. But the above quote says I didn't have to do this, as I could inherit it instead!! The lease still was a good idea, in case she wants to unload me, but it certainly wasn't undertaken for this reason.

Confused, particularly after all the discussion on this forum regarding leases for aliens.

I posted the above over a month ago on this forum, but received no follow up. However, this current thread seems to be going in the same direction, so maybe something more definitive will surface.

Actually, the missing part of the puzzle I was looking for in the above quote may be from ProThai's observation that, yes, you can inherit, but then you must sell the land in a "reasonable" period of time.

Would be nice to know where ProThai got this info; and also if anyone has a take on what a "reasonable" period of time might be? (But probably not a lot of precedent with this, however.)

[dr_Pat_Pong]

Dr Pat:  Please elaborate.  I am named in the will of the Thai who has my house and land in his name, the house in which I have a 30 year lease.  Are you saying that the will, which was recorded in the amphur office, is no good?

I am afraid that is what I am saying. Your lease may be sound ( have it checked by a competent lawyer ) but in the event of the death of the Thai registered proprietor, you, as a foreigner, cannot become the new registered proprietor, even for a short period of time. While you are at the lawyers office check that as well. Sorry to be the bearer of bad news.

[lovecam]

so what happens if your partner owns the land and anything happens to them. is it to say that as a foreigner you cannot get the land. who would take it then?

[JimGant]

I am afraid that is what I am saying. Your lease may be sound ( have it checked by a competent lawyer ) but in the event of the death of the Thai registered proprietor, you, as a foreigner, cannot become the new registered proprietor, even for a short period of time

Doc, I'm sure you're right, but what's your take on the "foreigners can inherit" above? Just a mistranslation from Thai? It sure is misleading, and since it appears in the Thaivisa.com archive/FAQ or whatever that section's called, I would hope someone could further explain.

Actually, I hope ProThai checks in again, as he seems to have some more info on this matter, with his sell it within a 'reasonable' period of time.

[dr_Pat_Pong]

so what happens if your partner owns the land and anything happens to them. is it to say that as a foreigner you cannot get the land. who would take it then?

It will go to whoever your partner wills it to. The beneficiary must be a Thai. If you want to protect yourself, go to a lawyer, and have your partner grant you a 30 year lease

[ProThaiExpat]

The information I alluded to was gained from various posts including information that "must be sold in a reasonable time". That thread had much discussion about how long was a "reasonable time".

I would be pleased to research the issue if someone could point me to where the Thail law on this subject can be found.

Since I have a 30 year lease and a mortgage document for thirty years, (due to expire when I am 96 years old) I have little concern if a Thai court says my Thai landowner cannot will the land to me for sale "within a reasonable time".

Is the law different, if a farang husband inherits for a legal Thai wife