Dear readers,
I have a question about residence rights in Thailand. My Thai wife's brother inherited a piece of land about 25 years ago. He and his sister built a house on that piece of land. Each has its own home.
Now he wants to build a new house there and his sister has to get rid of it! So she is simply sent into the woods. My question: is that possible?
Perhaps there is someone who understands this?
Thanks in advance for the response.
Fulfilled:
Thanks for your responses. I will now give some more details on the matter.
The land came into the hands of my current wife's brother 25 years ago. Her brother then built a house there, financed by his father. A few years later, his sister (not my wife) moved back to her native village. She had lived with her in-laws for a while. She had no house and her father had a house built for her with the permission of the owner, his son. She has lived there for 20 years now.
No agreements were made about rent or lease payments. Nothing has been paid. And now that brother's children want to build him a house there, so he has ordered his sister to leave her house so that he can demolish and build a new house.
So it's about my wife's sister. We live there for half a year and the other half in the Netherlands
Regards,
Adri
I heard a while ago that if someone has been given permission to live on a piece of land, that after a period of time gives rights to that piece of land.
Moreover, you might expect that he would have to pay for the house built, if he ever gave permission to build it there.
But no, I don't know how Thai law works, and it will probably have to be resolved in court.
If that sister simply consults a lawyer, she will know her rights in 10 minutes (and 300-500 baht) and can get advice on what to do.
Dear Adrian,
is your wife that Thai sister. And are you also an interested party because you also live there.
I think that the brother only owns the land and so if there are no agreements/contracts you don't have a leg to stand on. Especially if no lease, rent or lease is paid/
regards Antony
If I understand you correctly, that sister (your partner?) built her house on land owned by her brother. So a lot depends on how it is all described at the Land Office. Does that sister lease that piece of land from her brother? For how many years? Does she also have any proof that she paid for the construction of her house? Or is it all arranged in Thai, without anything on paper?
Is the brother the owner of the land on paper, or is it a family inheritance law? There is a difference.
It's not all that difficult, were it not for the fact that Adri does not report in which year his wife built her house on the ground of his brother. To make it difficult, I guess! Anyway, I'll try: if the brother inherited a piece of land at the time, it will be written on his chanoot: proof of ownership of a piece of land. If brother can show such a chanote then it is clear that he is the legal owner and boss. So far clear.
A limitation period in Thai Law other than specified by law is 10 years! (ThaiCiciCode: section 193/10)
His sister-wife Adri built a house on that land at the time. We don't know when. Adri does not report that5. Now brother wants the entire plot back. That is possible, but then he will have to compensate her, unless otherwise specified. Adri doesn't report that either.
In other words: if the house has been on brother's land for more than 10 years, then sister has a legitimate claim, which she can confirm in court. Is that smart? I don't think so because now relations have been disrupted and a lot of conflict ensues.
If she has been on that land for less than 10 years, she has less of a leg to stand on, but the fact that she once built just as well means that he agreed with that construction at the time. Now she can also go to court to either enforce compensation (which I recommend!), or to claim to be allowed to stay (which I advise against!)
What matters is to check what was agreed at the time, were there witnesses, is it on paper, for example as an appendix to the chanut/land office? Negotiate the amount of the compensation, and if not: call in a lawyer and take the case to court.
In short: she has to get off the ground, doesn't have to go into the woods, but inform herself about her rights!
Ruudb. You make an attempt but first only read half of the piece, making an attempt when little is clear can only cause misunderstandings due to the untruths and that does not help anyone. Adri writes that the brother inherited the land 25 years ago A FEW years later, sister appears and according to good Thai custom, only a little verbal arrangement is made. The sister (no Eugeen, not Adri's partner and it also clearly states that no agreements have been made or that nothing is being paid). came to live there after a few years (so say more than 20 years ago)
In all the above documents there is only 1 that may help Adri and that comes from Steven (consult a lawyer). The rest only takes Adri further away from home.
In the past I also had a dispute about land with my sister-in-law. We then made an appointment at the Land Office (kom tee din) where the head of the Land Office made a statement about this.
Incidentally, a village chief (poe yai ban) can also mediate in such a dispute.
The right of residence is provided for in Thai regulations. It is registered by the land office on the back of the title deed (chanoot). Right of residence can be granted for 30 years or for life.
It can be a legally secure solution if you want someone to live on your property for free.
For an owner who has "changed his mind", a right of residence granted can have an impact on the saleability of the property.
https://www.siam-legal.com/thailand-law/the-right-of-habitation/
My experience shows that for a usufruct you can also go to the local land office without specialized assistance from an (expensive) lawyer. A competent official will also be able to process a request for registration of a right of habitation there. However, it may happen that authorized officials have no knowledge of the “corporate legal forms” (usufruct, superficies, right of habitation, etc…) provided for in the Thai civil and commercial code.
There is a chance that your request will be “rejected” because they are quick to say that it is not possible out of ignorance or reluctance to perform additional unknown work. Revision of the position taken by the officer, even including the law books, remains difficult without causing a loss of face.
Sometimes a well-prepared decisive diplomatic approach is required 🙂
I think it would be best if the whole family comes together to talk, indeed if necessary with the village chief, the Thai still have some respect for that. Including father, brother, sister, your wife and the brother's children must then be present at the interview. Family ties are the most important thing in Thailand, they say. Well, I think they should be able to get out of here. Otherwise it will indeed be a lawsuit and I'm afraid that the brother or the one with the most money (that's how it works in Thailand) will win the lengthy process. And then the relations are completely disrupted, nobody wants that, but it will happen then.
Dear Bloggers,
I read thailand blog posts every day as long as I don't immediately skip them as pulp/irrelevant. Because I have traveled through the country a number of times. Fine. My children and their children follow my example. So I feel involvement.
Often on this blog - and the editors apparently always allow this - issues of a complex legal nature are raised that Thailand visitors and/or their relations and/or partners are confronted with, even when they move to an EU country.
I'll just name a few.
– Thai woman is in Belgium with a divorce problem. There is a very complex Belgian civil law problem here;
– Ownership conflicts with regard to real estate (registered property);
– matrimonial property law problems;
– Inheritance law problems.
The issues in question are raised on this forum with a certain regularity. And to my great surprise, a large group of interested people jumps in and advises. With the most curious advice.
I expose myself. I am a former notary. During a long amicable lunch, I discussed exciting Dutch inheritance law - matrimonial property law and property law with lawyers who deal with personal injury law. They don't understand what I'm talking about. And then we are talking about Dutch law.
Do you think that a Thai in Thailand with a Dutch partner who gets into a conflict that falls under Thai law will submit his issue to this forum, asking Dutch/Belgian readers to advise him? No of course not.
Therefore, I believe that legal issues governed by Thai law and issues involving Thais in the EU are not addressed in this forum. After all, that's what Google or other search engines are for!
Legal matter should be handled by experts in the field. In Thailand. Or in the EU. By super specialists. Because you don't know Thai law. Neither does EU law. Nor private international law. You don't know about Treaties. General Dutch/Belgian lawyers do not know this either. Also, don't post your problem on this forum unless you're requesting a reference because you couldn't find it through Google.
You will be damaged if you listen to the views of all kinds of well-meaning forum members of God knows what disciplines.
The subject focuses on the legal issue that is called: Acquisition of prescription. Which Western European knows a thing or two about this? Let alone that the same Western European has any notion of Thai Civil Law on the part of the statute of limitations. And it talks about talking to village chiefs!
And do not forget! No expert and/or professional sticks his neck out on this forum when advising fellow forum members. He immediately enters professional liability. So you are not reading a message from a professional / woman. He's looking out.
Remaining prank advice. Which is of no use to you. Which harm you.
So don't!