Connect with us

Property

Phuket Property Legal: Ensuring land claims are legit

Legacy Phuket Gazette

Published 

 on 

PHUKET: In the last three to four weeks, some changes occurred in the application process and consequently the approval of registration for companies to purchase land, long term land leases, usufruct, superficies and/or lifetime living rights for foreigners.

Depending on which land office one is applying for registration of certain rights, the current handling of such registration is not the same, even between different land offices in the same province.

For example, companies having foreign shareholder(s) and/or director(s) might be refused to take ownership of land. Long term land leases with automatic or optional extension rights mentioned in such cases are currently generally refused to be registered. Usufruct and/or superficies or lifetime usage rights agreements are also refused to be recorded at many land offices.

These changes of handling the registration process comes from the accused foreign control in properties in Thailand and any person that wishes to register such agreements or companies to purchase land will have to give evidence and proof that there is no foreigner behind the purchase of land and /or a hidden nominee situation from Thai Nationals (Natural or Juristic persons) holding land on a foreigner’s behalf.

It is solely the land officers decision to allow or not allow such registration if a nominee situation is alleged.

Therefore, the most important thing to know before entering into any such agreements is ultimately the decision from the land officer who is in charge of recording such agreements, if and under which circumstances such will allow the registration of your rights against the land title deed, as without such, any agreement signed will not be binding to third parties.

Naturally, as a foreigner, one does not have such problems on the purchase of a condominium (unit) and consequently the registration of such in the name of a foreigner – as long as the necessary 49 % total foreign ownership on the privately used portion of the condominium is not exceeded, and the evidence of payments are made as requested by the land office.

Showing the Foreign Exchange form or other evidence, the Juristic Condo Management does provide the list of foreign held percentage in the condominium and provides a letter certifying that such unit does not owe any fees to the Juristic Condo Management, the title is free from encumbrances and not frozen by any court order.

This article was written by International Law Office Patong Beach Co, Ltd., since 1995 a Phuket based law firm. case of enquiries, please contact Friedrich ‘Sam’ Fauma, Senior Partner and Consultant, by email: sam@ilo-phuket.com or phone +66-(0) 76-222 191-5.

Keep checking our online Phuket Property pages, join our Facebook fan page or follow us on Twitter @PhuketGazette for the latest local, national and international property news updates.

— Law Office Patong Beach Co. Ltd

 

Want more Thailand news from the Thaiger family?

📱 Download our app on Android or iOS for instant updates on your mobile
📝️ Join the conversation on Thaiger Talk - discuss news & life in our Thailand forums
📧 Subscribe to our daily email newsletter
👍 Like/Follow us on Facebook
🔔 Subscribe to or Join our YouTube channel for daily video updates

image

Join the conversation and have your say on Thailand news published on The Thaiger.

Thaiger Talk is our new Thaiger Community where you can join the discussion on everything happening in Thailand right now.

Please note that articles are not posted to the forum instantly and can take up to 20 min before being visible. Click for more information and the Thaiger Talk Guidelines.

Click to comment

Leave a Reply

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

Archiving articles from the Phuket Gazette circa 1998 - 2017. View the Phuket Gazette online archive and Digital Gazette PDF Prints.

Follow Thaiger by email:

Thailand5 mins ago

Thailand News Today | Pfizer vax approved, IATA testing vaccine travel pass, Covid Update | June 25

Thailand22 mins ago

Man wanted for attempted murder arrested on train

Thailand52 mins ago

The list of high/medium/low risk countries for travelling to Thailand now

Phuket Sandbox July 1st

days
hours
minutes
seconds

Thaiger is getting behind local businesses for the restart of tourism in July - up to 50% discounts across all advertising packages in June!

image
Join the conversation on the Thaiger Talk forums today!
World2 hours ago

Rare, giant barking deer makes appearance in Cambodia

Coronavirus (Covid-19)2 hours ago

Anutin says health system won’t collapse despite shortages

World2 hours ago

Fire at Chinese martial arts school kills 18, mainly kids

Thailand3 hours ago

Man allegedly steals almost 300,000 baht from monk

Thailand4 hours ago

Illegal cigarette shipment busted, valued at 30 million baht

Thailand6 hours ago

Pair arrested for allegedly stealing prepaid phone cards worth 240 million baht, take home almost 150

Best of6 hours ago

Top 5 Indian Restaurants in Bangkok

Phuket7 hours ago

A Korean restaurant catches fire at a Phuket shopping centre

Best of7 hours ago

Top 10 Provinces to visit in Thailand

Coronavirus (Covid-19)7 hours ago

Pfizer-BioNTech vaccine approved for emergency use in Thailand

World7 hours ago

1 dead 99 unaccounted for in Florida building collapse

World7 hours ago

Airlines participate in trials of IATA Travel Pass app

Thailand4 months ago

Thailand News Today | Thai Airways in rehab, All go for Songkran | March 4

Tourism4 months ago

Phuket’s nightlife. Yes, bars and clubs are still open | VIDEO

Phuket4 months ago

Thailand News Today | Covid passport talks, Thai Airways heads to court | March 2

Tourism4 months ago

Phuket Thai food treats you need to try | VIDEO

Thailand4 months ago

Thailand News Today | Bars, pubs and restaurants ‘sort of’ back to normal | Feb 23

Tourism4 months ago

In search of Cat & Dog Cafés in Phuket Town | VIDEO

Thailand5 months ago

Thailand News Today | Gambling crackdown, Seafood market to reopen, Vlogger challenge | Jan 21

Thailand5 months ago

Thailand News Today | Covid testing for visas, Business impact, Vaccine approval | January 19

Thailand5 months ago

Thailand News Today | Weekend Bangkok bombs, Thailand fires, Covid update | January 18

Thailand5 months ago

Thailand News Today | Stray car on runway, Indonesian quake, 300 baht tourist fee | January 15

Thailand5 months ago

Thailand News Today | Governor off respirator, sex-trafficking arrest, condo prices falling | January 14

Thailand5 months ago

Thailand News Today | Chinese vaccine, Thailand ‘drug hub’, Covid update | January 13

Thailand5 months ago

Thailand News Today | Bangkok may ease restrictions, Phuket bar curfew, Vaccine roll out | January 12

Thailand5 months ago

Thailand News Today | Covid latest, Cockfights closed down, Bryde’s Whale beached | January 11

Thailand6 months ago

Thailand News Today | Southern floods, Face mask fines, Thai Air Asia woes | January 8

Trending