Quote:
Originally Posted by KhwaamLap
There is an instrument called a USUFRUCT. This is a very old law (originating from the Romans), that Thailand adopted from the west. It is pretty useful and works like this:
The owner of the land can sign over the land using the USUFRUCT. It is still owned by the original owner, but the USUFRUCTEE has full rights (except the ability to sell it) over the land. They can build, own the buildings, own any produce from said lad (Mangos etc) and treat it as their own land pretty much. The USUFRUCT can only be cancelled by both parties under agreement (they are registerd with the courts, so are legally binding) or by the death of the USUFRUCTEE - they are not inheritable, but children can also be added. This can bne betwelen man and wife etc.
This can be done free without any taxes etc if the USUFRUCT is not charged for (if the owner is a business, there is expectation of a charge for the USUFRUCT to inhibbit fraud - tax is payable then - though its low). There is real need for lawyers as it needs to be registered etc. There are companies (PM me and I'll give you the name of the person I am using - for more details) that do everything for you - the land registry dept always want to talk you into renting/leasing the property insead. Why? Because it generates tax and is revokable - your lawyer/agent will push all that aside as they know the law and your rights etc. The Agency costs between 10k and 20k on average - depending where in the country you are. Out of town areas and the boonies often do not have land regisrty offices or the land is not title deeded etc, this costs more as the travelling ibetween offices may be greater (may well be in different towns!) - this is why the price variance.
By the way - as the USUFRUCTEE, you can not be turned off the land (other than by the government - compulsory buying etc) - and can even kick the land owner off. It lasts until the last USUFRUCTEE dies. The owner can sell it, but the USUFRUCT goes with the purchase, so no change tot the USUFRUCTEE (and nobody wants to buy land with an open USUFRUCT on it - so if you do want to sell at some point, make the USUFRUCT cancellation a point of the sale).
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Usufruct , originating from the Romans and , adopted by the Thais from the west and works like this !!!! Oh realy , maybe for the Thais , very very little works for the Falang in Thailand , Thailand is for the Thais and whatever they say at what ever time is the current ruling , believe very little of what you read and nothing you hear is a good rule to follow .Immigration laws made up by the government , dependant on which office you apply at on any given day , is decided by the man behind the counter , he truly believes he is the law , argue and you are out of luck . Property , buy a piece of land with your wife , you cannot , she is buying it with your money , she has little to none of her own , build a huge beautiful home on it and impress the village , for her , you are only the ATM that makes this possible , good FACE for her , she snared a good one . She says leave , you are gone with no recourse , want to live in a village where every-one hates you ? Not a wise thing to do , read about the several murders of late , just for the m oney , of very good people ? Thailand is a law unto itself , you will find it very difficult to 'Fit in' you are and always will be the stupid Falang with the ATM card , do not believe me ? Tour the bars and talk to those who will tell you "But she realy loved me ", Thais are amongst the biggest liars you will ever meet , and the endearing smile ? Use a mirror and see the other side of the face , should you not be convinced , read the account of the nicest guy in the world just arrived from England , head almost severed with a machete by his loving wifes brother , for his money . read it all on Thai-visa . Don't have to believe me though , just go at it and in most cases find out for youself , but please , no crying in your beer , many of us have heard it all before .