Connect with us

Property

Phuket Property Legal: Ensuring land claims are legit

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

 

Get more from The Thaiger

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.

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

Follow Thaiger by email:

Crime2 mins ago

1 dead, 4 injured as gunmen rampage at a Bangkok wedding

Crime17 mins ago

Tenant fined 140,000 baht for keeping dog in Bangkok condominium

Pattaya31 mins ago

Speedo-wearing middle-aged joggers in Jomtien cause uproar

Sponsored2 hours ago

British International School Phuket: Reflecting on 25 years of world-class education

Thailand45 mins ago

Thailand No.1 in the world for a wellness retreat

Health47 mins ago

Which type of health insurance do you need in Thailand?

Thailand1 hour ago

Gunman wounds 8 in Jerusalem, 48 dead in Israeli Gaza strikes

Join the conversation on the Thaiger Talk forums today!
Thailand2 hours ago

Thailand among top 5 destinations for Chinese travelers | GMT

Travel14 hours ago

Where to find underrated international cuisines in Bangkok

Bangkok15 hours ago

Chinatown manhole covers to use art, tech to become cultural map

Transport16 hours ago

Man fights Indian Railways for 22 years for justice (and 9 baht)

Events18 hours ago

Tourism Minister visits Full Moon Party, supports later curfew

Crime18 hours ago

Thais cautioned against fake government websites

Thailand19 hours ago

Another Thai boxer dies from brain injury after fight in Malaysia

Thailand19 hours ago

Expats in Thailand, Cartoon characters & Letting Loose | Thaiger Bites

Pattaya20 hours ago

VIDEO: Young Thais have a blast at Pattaya Music Festival weekend 2

Thailand11 months ago

Morning Top Stories Thailand | Police to end protests, Human Trafficking | September 14

Thailand1 year ago

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

Tourism1 year ago

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

Phuket1 year ago

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

Tourism1 year ago

Phuket Thai food treats you need to try | VIDEO

Thailand1 year ago

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

Tourism1 year ago

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

Thailand2 years ago

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

Thailand2 years ago

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

Thailand2 years ago

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

Thailand2 years ago

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

Thailand2 years ago

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

Thailand2 years ago

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

Thailand2 years ago

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

Thailand2 years ago

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

Trending