30 year lease

[dreetje]

Hello ,all

 

i am married to a thai lady(9years now)we living in the netherlands.Last year we buy some land (3 rai)en built a house on it.Now i knowe i could not own the property,but i read about the 30 year lease+30 year option.Next time i go too thailand i want too get this done.My question is, what papers or things do i need to get this done?And where do i go too?(lawyer or cityhall or else?)The place where the house is,is in the Surin district,so i must go there?.

[bryanjackson]

i do know this as i am in the process of doing the same in chiang mai.  the 30 yr lease needs to be recorded in the local land office on the title deed on record with them.  should be done with a lawyer tho.  and bare in mind, that once there is this encumberance on the deed, that the banks will not touch it for a loan application.

hope this helps!!

[sevinnow]

Agree with Brianjackson on his notes but, I do believe that a lease for a farang can only be issued on land upto 1 rai - so if this is true (I'm sure  other members will know) you can always sell the other two rai (on paper only) to your wife's family and then apply for a lease on the 1 rai.

A further note is on any lease in Thailand you can build into to it as many clause's in your favour as you wish provided that the owner (ie your wife) agree's so get all your priorities right first time, as it is too late once it is issued.

Hope this helps

Sev :cool:

[wiso]

Fyi, this is what i found on the thaivisa website on the following link http://www.thaivisa.com/500.0.html :

... this has become the preferred way of holding land in Thailand for foreigners, this type of lease agreement has become more or less a template, with add-ons to suit individual buyer’s needs ....

Written by Phil Macdonald, The Nation.

Q: can somebody mail me copy if the 'template' and does anyone has a good reference for a lawyer in bangkok, petchaburi or huahin/chaam who is familiar with this ? Pls advice. Thanks!

[wiso]

More info:

Source http://www.siamcitycement.com/property/buying.asp

Foreigners are entitled to a lease, the same as Thai citizens, with the following requirements:

a) A lease up to 3 years is not required to be registered at the Land Office.

B)A lease more than 3 years IS required to be registered at the Land Office, provided that the maximum lease term is 30 years."

Meaning you also need to verify that the holder of the title is:

1) entitled to transact a lease

2) the land is free from mortgage etc.

3) the title is a proper title etc.

4) lease agreement is properly registered, which involves payment of a registration fee and stamp duty to ensure original registered lease remains in force and effect even if the property is sold

Cheers, W.