How A Foreigner Can Gain The Legal Rights To Land Or Property In Thailand By A Usufruct
This seems like a contradiction of everything written and said about a foreigner owning land in Thailand.
But it’s not.
The reason is that the Thai law makes a distinction between ownership and right of use of land.
Practically speaking, only a Thai National can Own land in Thailand (some exceptions apply but they are not available to the average ‘farang’), but a foreigner can have Right of Use of land through a Usufruct (“See-tee-kep-kin”) Agreement.
A usufruct agreement can give you the legal right to possess and enjoy property or land even though they are not the full owner.
Usufruct agreements must be registered and you can register a lease or a usufruct only on title deeds equal to or superior to Nor Sor Sam. In other words a usufruct can be registered for land with a Nor Sor Sam or Chanotte title deed only.
How To Register A Usufruct Agreement
First of all a Usufruct is a Contract. It has clauses in it that can be varied according to the intention of the person taking out the usufruct. The contract will be in the Thai language so in order for a foreigner to know what he is getting it would make sense to have it written by a lawyer.
I have seen it reported on some Thai website forums that “You go to the land office where the land is located with the owner, take the official documents and say you want to register a usufruct for your lifetime or for a period up to 30 year. They have a standard contract that is good enough for that, should cost you a few baht.”
That may be good enough for some people but for me I want to know what is in the usufruct from someone I trust. More than that, someone who A) Knows the law and B) Is able to translate the meaning of the usufruct into plain English!
But essentially you register a usufruct at the land department where the title deed is located.
I’ll be doing this soon and will post my findings on the website.
Useful Links To Websites About Usufructs In Thailand
Everything you wanted to know about usufructs in Thailand
Usufruct, Terms and conditions for obtaining a usufruct
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