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Civil Law in Thailand

Thai Property Developers

When you are buying into a new development in Thailand the developer needs to be properly registered with the Thai government. As explained on this website about property problems, many times the developers take shortcuts to avoid all the paperwork which needs to be completed from the government for the property development to commence. It was also explained why this was important.

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Considering buying property in Thailand also requires considering a due diligence in Thailand. Servitudes should be checked for when buying property in Thailand. This is registered against the title deed and normally brings down the value of the property, depending on the type of servitude. These servitudes usually affect 2-3 properties but in remote regions this could be even more.

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Superficies in Thailand

Superficies is one of the strategies used by expats in Thailand since owning land in Thailand is not possible with millions in investment and permission from the Minister of the Interior for owning 1 Rai of land. Superficies allows you to build on land which you do not own. Many times foreigners will place the land in the name of the wife or child and then build a house on it in their own name after registering a superficies over the property.

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Usufruct in Phuket

The usufruct is a right over a property to use and benefits from its ‘fruits’. Most foreigners in Thailand opt for a usufruct over a property as a safety net during a divorce. The usufruct can either be used to negotiate a better divorce settlement or provide you with a roof over your head until you die. Usufructs are usually registered for a period of 30 years or for the lifetime of the usufruct holder.

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