Having a Usufruct or Superficies or Lease is a great idea as it registers the foreigners name on the reverse of the land title as does having a lease on the land.
But does it offer the complete protection that is needed?
The answer is No it is not enough.
Loans or liens or mortgages can still be registered against the land title even though they are not meant to.
Now some are going to say that this can not happen well we have recently come across this and it is down to the discretion of the land office.
It is not supposed to be allowed but it does happen.
The land office said that they notified the person registering the loan that the usufruct was in place.
Even without it be registered with the land office it does not stop the owner of the land for example the wife or partner of a foreigner taking the land title and using it as deposit for a loan.
If this happens and the loan is not paid the loan person whos interest rates can be high can demand the sale of the property.
The habitation rights on the land are safe but this would result in the loss of the right of Co ownership in the case of a divorce.
Lawyers for Expats Thailand provide a complete solution to protect foreigners investing in property in Thailand.
No matter what your situation there is a legal solution that is safe and will protect your property if you plan in advance.
Lawyers for Expats Thailand will provide Due Diligence to ensure that you purchase with confidence and safely and legally.
Have you bought property leasehold?
If you have is your name registered on the land title and is the lease registered at the land office?
If it has not been registered at the land office all you have is a worthless piece of paper you need to contact us immediately.
If you have co ownership of property in Thailand or are considering purchasing or building a home contact us for a free consultation at www.lawyersforexpatsthailand.com
Call Brian our General Manger of Foreign Affairs he will be happy to assist you.
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