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Home » Reader question » Reader question: Who can give me advice on leasing land in Isaan?
Dear readers,
We have a piece of land in Isaan, in the name of my partner (not married) of course. I want to lease this land for 30 years with a further 2 extensions of 30 years. I have read comments about this, but I can't read a piece about it with useful advice, in terms of procedure.
Who has it for me?
I also wonder how things can be covered in the event of a divorce or death of one of the parties? Will the lease go to my children?
My partner has no children. If she dies, I wonder if my rights will continue to exist? Also in terms of entering the country without my wanting to? (when bullied). Not that I expect that, but you never know. You also have to look at this business.
Please advice.
Best regards,
Otto
Editors: Do you have a question for the readers of Thailandblog? Use it contact form..
My advice: do not lease, but usufruct until your death. If your wife dies, you still have the right to live there, including the right to sell. After your death, legal heirs will pass to your wife.
Just get a good lawyer. He can arrange everything
https://www.isaanlawyers.com/our-team/ have a good reputation themselves no experience with them
have notery service and a lot of experience with this kind of business
Otto, I remember that renting 2×30 years was the maximum, but this has changed to max 1×30. Whether 3×30 is now possible seems strong to me.
Rent registered on the chanoot is very strong; usufruct and right of superficies are two other options.
Partly in view of your other questions, I advise you to find a lawyer who specializes in this area. Lawyers have been mentioned in a reader's question in recent weeks.
Tina Banning, if the owner of the land leaves that land in a will to someone other than the usufructuary, there's nothing to sell.
Dear Otto,
this topic was discussed on April 18, 2021 on this blog.
The best thing you can do is, if it may cost something and you want certainty, consult a lawyer. Plenty of hints were given here from good lawyers.
There you can get answers to your questions:
– Due to the fact that you are not married, you are not just an heir…. what to do?
– is a lease transferable upon the death of the tenant in Thailand?
– Does a lease end on the death of the lessor in Thailand?
– what is the max lease allowed in Thailand?
Contrary to what Tina writes here: a usufructuary CANNOT sell because he is not the owner. The owner, called the 'bare owner' in Ne and the 'bare owner' in Be, cannot do so without the consent of the usufructuary. The usufructuary is in fact in the chanote of the property.
– assignment as an heir via will: what are the consequences if you, as a farang, became the owner in this way? There are consequences to this because as a farang you cannot own land and you must therefore sell that property within the period of 1 year, which will also have consequences for the sales price.
– can your girlfriend designate you, by will, as full heir if there are also direct heirs such as parents, children, brothers, sisters? In many countries that is not possible, for example, in Be someone cannot completely disinherit their own children only for 50%…. in NL or here, in this case, Thailand ???? In this case you are obliged to go into joint ownership….
So I can only give 1 advice: consult a lawyer as this is a complex matter where only a lawyer can give a definite answer, at least if you don't want to be faced with any surprises afterwards.
Hello Otto,
I spoke to 3 different law firms in Hua Hin about this matter before I decided to buy a house. In Thailand you can make all kinds of contracts between you and your partner under private law through the lawyer, such as what to do in the event of a divorce or have a lease automatically extended, but these have no value for the Thai court. Waste of your money.
What you can do:
1) make good agreements with your partner about what to do in the event of a divorce. If the agreements are reasonable, balanced and fair, the chance of compliance is greatest
2) make good arrangements with your partner if one of you dies. Here too, reasonableness and fairness prevail. She can make a will with you as sole heir, but if she is ill-willed due to a divorce, etc., she can void or amend this will without your knowledge. That is why one of the Thai lawyers advised me to keep the property papers myself [of course in good consultation with the partner].
4) if it concerns only land, it is either lease or usufruct [usufruct]. If the land is sold, the new owner can still do strange things. You are in a stronger position if you lease land and also own a house on the land. You are weaker if there is a house on the land and the house belongs to someone else, especially if the house belongs to your partner's family.