Reader question: Purchase of land in Thailand
Dear readers,
I have a question about purchasing land. My in-laws live in Khun Han. Recently my mother-in-law called that there is a construction site for sale next to their house. We live in Belgium ourselves. In itself there is nothing wrong with a piece of land near the family, so we have agreed to buy it.
We are going to Thailand in November and intend to handle everything by then. But that's where the story ends for me. The price for the land has been agreed, the money has been arranged. So when we are in Thailand it is important to transfer the money and receive ownership of the land. That's the simple version.
I told my partner to make an appointment with a notary or the village chief or at the registry office for the period that we are in Thailand, of course that appointment must be made by someone from the family, that won't be a problem will it? In principle, I have it in my mind that my partner buys a piece of land and that afterwards we fly back to Belgium with a title deed in our pocket. How does that work? What do we have to do to handle everything correctly. I just want to get it sorted out and not run into anything crazy afterwards.
Thanks in advance for well-founded answers, just who should we be with, what papers should we get, etc.
Regards,
Harry
Seller and buyer simply have to go to the country office together.
Everything is arranged there.
Nothing else is necessary .
And they don't do appointments there, so you have to sit and wait your turn. Afterwards, your wife is the owner, if you also want to have rights to that piece of land, you must arrange a “usufruct construction” through a lawyer,
Usufruct (Khon Kaen) I just arranged at the country office, but that may differ per location, as all rules in Thailand seem to differ per location.
In Korat Ampheu kham thale so I also did that, but in Ampheu muuang it was not possible immediately. Moreover, it seems to me that this buyer is rather inexperienced with Thai laws and therefore better consult an English-speaking lawyer.
You can simply do a 30-year lease contract at the land office.
Same with the land transfer.
Your name will then also be in Chanot, I can assume from your story who the owner is, your Thai wife.
I have never used an eggnog, just eat it in the rack.
The piece of land where I stay and built our house on is in the name of both our stepchildren, I have a 30 year lease which can be extended again.
But I think by then my teeth won't itch anymore.
Jan Beute.
Buyer and seller register at the Land Office, sometimes things move very slowly, so make sure you make an appointment at an early time, a tracking number is usually given. Your wife must provide the necessary identification documents. You agree on a price with the seller, this does not have to be the price charged by the Land Office... (Thai style). A transfer tax must be paid, normally this is 2% of the stated value, NOW there is a temporary promotion where this is reduced to 0.1%. Upon settlement you will receive the title deed (Chanoot or Chanut) with the name of your wife as owner...
It might be worth checking a few things. A lawyer can do that for you.
Do you get full ownership (chanoot?)
Is there an exit to the public road? Otherwise you will remain dependent on third parties for overpath and utility.
Won't you buy a poison belt?
Think of the tax you have to pay on the purchase.
Can you ever put a house there?
Is there a right of use? A zoning plan?
I assume your wife is Thai otherwise it can't be her name. It is not necessary to make an appointment at the 'cadastre'; keep in mind the well-known closed days of the civil service in Thailand.
I don't know how much you have to pay, but you want to spend your money well, so have research done on what you're going to buy.
The transfer is indeed arranged at the land office. The buyer must bring the blue book in which he or she is registered. The transfer costs must be paid in cash at the land office. Who pays what, the buyer or seller or shared, must be agreed in advance (contract). If you are married to your partner, you must sign a form stating that the money for the purchase is not yours but your wife's. In case of different purchases and sales, an appointment could not be made, so submit the necessary papers to the land office as early as possible. This could be done before starting work, the door was open and the papers were placed in a designated place. You start working from the bottom up.
make sure there is an official plot of land. An official paper with a signature of the plot on the front and the owner on the back. It must be the original, if it is a copy then it is deposited with a bank.
The proof also has a number and the signature of the municipality.
There is a big difference between a piece of land and a piece of building land. If your intention is to purchase building land, you must check carefully at the Land Office whether it is indeed building land. You must also check very carefully at the Land Office whether the seller is really the owner of the land. And whether the land has not been pledged anywhere (Thai people like to borrow). In addition, you should carefully inquire what happens if you and your partner live in Europe and the land is just there. Maybe someone from the family will work that land. After how many years will you no longer be able to get that person out of there. Finally, you must consider the advantages and disadvantages of having land close to family. Village leaders have nothing to do with this, unless you want extra costs. A final piece of personal advice: if you take an extra person with you to the Land Office, take a lawyer with you who also speaks good English and who does not live in the same village. One that can translate for you what (you and) your partner sign and what you pay for.
Dear Harry.
If I understand correctly, your wife buys the land and you pay..
There is of course nothing wrong with that, there are many men and perhaps women who do welfare.
Do you also own 50% or more. I wonder this
Regards Anthony
In principle, there is nothing wrong. Do you know who owns the land? Do you have an idea of the value of the land? Is the parcel unencumbered? Make an appointment with the land office and have Chanut registered to her name. So keep an eye out, it's Thailand.
I would go to a Thai lawyer just to be on the safe side and have him sort everything out. No one can have anything up there.
Have lawyer from other village prepare and sort everything out. I know someone who did the same and built a house on it. When everything was ready, this Dutchman moved to the new house. Truck arranged (1800 km) but when he arrived there turned out to be a distant relative living there….. impossible to get out and he could go back to square one after having used up all his savings. This is Thailand and a lot of things happen that you don't understand/want….. suc6
If everything went well, it is best to take the papers with you.
The title deed called chanot / chanoot / chanut can be used as collateral to take out a loan.
Dear Harry,
That doesn't just happen and if it does, it will take a very long time before the country is registered in your name.
Furthermore, there are several categories in terms of country.
I'm sure there are people who can add to this.
Yours faithfully,
Erwin
Only buy red Chanut is my advice. (no green or everything that is low like Chanoet). The rest is rubbish and problems .... furthermore just go to the land office .. a bit of a handy person knows how the Farang can avoid the long waiting times if you want ...