Skip to content
Menu
  • Home
  • Foreign Ownership of Real Estate in Thailand
  • Thailand Real Estate Market Outlook
  • Link Up with Us
  • Assemble with Ryan
Atthai Property

Foreign Ownership of Real Estate in Thailand

Real Estate Law in Thailand

Generally, foreign individuals are prohibited from acquiring land in Thailand. However, there are some exceptions. Under the investment promotion law, for instance, foreigners may acquire land for business purposes.

Moreover, they can purchase condominium units as long as they retain records of their money being sent from overseas. Similarly, they can purchase a house by using a Thai company structure.

Ownership of land

Ownership of land in Thailand is regulated by the Real Estate Act. It covers the property fixed to or forming a component part of the land, as well as rights and obligations over that property. It is also governed by the Civil and Commercial Code. Generally, foreign nationals are prohibited from owning land in Thailand. However, there are some exceptions to this rule.

For example, a foreigner who is married to a Thai citizen can own their own land. In order to acquire this type of ownership, they must submit a letter of confirmation. This confirms that the money expended on the land is personal property of the spouse and not a joint marital asset.

In addition, a foreigner can lease land or houses in Thailand. However, the term of the lease is limited to 30 years if it is not recorded at the land office. This period can be renewed but it is not automatic.

Leases

A lease, or long term tenancy agreement, is a popular option for foreigners buying property in Thailand as direct property ownership outside of a condominium is prohibited. However, the nature of a lease is somewhat complicated and it is important to understand the legal implications of entering into one before purchasing any kind of landed property.

According to the Thai Civil & Commercial Code, a lease can last for up to 30 years. In order to extend it beyond that, a specific clause has to be inserted into the contract. A service or easement, on the other hand, cannot exceed three years and requires a written agreement between both parties and registration with the local land office.

There are many misconceptions surrounding the law of leasehold property in Thailand. Nevertheless, the most common is that it is a permanent property right. This is not true, and it is important to view a lease as a thirty year rental.

Right of superficies

A right of superficies is a real property right in Thailand. It legally separates ownership over the land and anything built on it. It can only be created over titled land administrated by the Land Department and is enforceable against third parties. It is often combined with a lease agreement and can be transferred to other people.

Foreigners can use a right of superficies to purchase condos in Thailand. It is an attractive option because it is not as restrictive as a freehold condominium. However, it is important to consult with a lawyer before buying a property in Thailand.

A right of superficies in Thailand is similar to a usufruct contract, which grants the rights of enjoyment and possession of property for a specific time. It can be registered for a period of up to 30 years, or for the life of the person who holds it. The right of superficies cannot be transferred to others, however.

Mortgages

Mortgages are a common way to finance property in Thailand. In the event that a mortgagee is unable to fully repay the debt, he or she keeps the property that was financed as collateral. However, mortgages are only available for Thai residents and foreigners who are married to a Thai citizen. Moreover, they must have an attorney like Silk Legal review their loan or financing agreement.

According to Thai law, a mortgage is a document that is created when movable property (such as shares) is delivered by the pledgor to the mortgagee in order to secure the performance of an obligation. This document is extinguished when the movable property returns into the pledgor’s possession.

Click to read more

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search

Recent Post

  • Thai Fusion Delights in Downtown Cranford
  • Building Blocks of Cells: Synthesis of Hormones, Lipids, Proteins, and Nucleic Acids
  • Efficient and Cost-effective Casino Solutions with API Integration
  • Supporting Local Restaurants and Enjoying Thai Cuisine
  • Soccer Live Broadcasting: Accessible Streaming, Subscriptions, and Security

Assemble with Ryan

Nestled in the quiet streets of Floral Park, New York, 11001, the intriguing figure of Ryan T. Patrick extends an invitation to explore the intricate tapestry of his life. His narrative, woven with connections, digital traces, and a fervent passion for diverse pursuits, unfolds before us like a captivating tale.

Ryan’s journey began on March 9, 1982, under the gentle sign of Pisces, a zodiac symbolizing creativity and empathy. From a young age, he exhibited a unique blend of compassion and curiosity that would come to define his life’s path.

ad

Calender

September 2023
M T W T F S S
 123
45678910
11121314151617
18192021222324
252627282930  
« Aug    

Location

Copyright © 2023 All Rights Reserved.