Usufruct Agreement in Thailand

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Many years ago, I wrote that article about usufruct agreement in Thailand:

http://www.isaanlawyers.com/Usufruct%20agreements%20in%20Thailand.pdf

Since then, the situation has changed a lot.

Around 2007-2009, it was quite difficult to register a usufruct. Most land department didn’t know how to do it. Each time, we have to explain them. They had to look in their books. Fortunately, it became easier to register usufruct contracts in Thailand.

However, there are always problems. You never know what Thai administration will tell you. Here are some of the problems we encounter  in the past:

– The land department of Kalasin refused to register a usufruct in between non-married people (and the law doesn’t mention anything)

– A land department near Surin refused to register a usufruct for lifetime. They only allowed 30 years. (That is against clause 1418 of the Thai Commercial and Civil Code)

– Another land department near Khon Kaen refused a usufruct on more than 1 Rai. (There is nothing in the law about that).

Obviously, we did register usufruct on more than 1 Rai, on people non-married and also for lifetime.

The land department of Udon Thani is one of the worse beside some very corrupted ones where there are a lot of tourists.  You will need to wait a period of 30 days between the transfer (sale of a property for example) and the registration of the usufruct. This is also the case of Khon Kaen now. They want to avoid foreigners to be nominees.

Between you and me, 30 days from the registration or the same day, IT IS THE SAME.

I have seen a land department asking documents in 4 copies (why?) and another one deciding that the usufruct must be sealed in an envelope (and not registered) and opened only when one of the parties dies.

That is how they apply law in Thailand: Amazingly as they wish.

 

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