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Thailand Tales: Property Issues Outside of Title

Transcript of the above video:

As the title of this video suggests, we are discussing Thai property issues. We are not talking about Title here; we are not talking about things like conveyancing or Sale and Purchase agreement, we are not necessarily talking about that. It is a general video on matters ancillary to ownership of property in Thailand. A lot of things can come up in either a landlord-tenant relationship or even when someone purchases property here in Thailand, be it a condo or depending on how it may be set up somebody may be able to buy a house in Thailand; some things to think about.

Common area fees are especially one that folks when they buy into a condo, they sometimes don't necessarily look into. Common area maintenance is another big one that people really need to have a look at and understand whether or not the common areas, the hallways, the parking lots etc., the pool maybe of a condo isn't being properly maintained. Maybe having a look at things associated with the Juristic Person and the funding of all of those things it is probably not a bad idea to look at because it can be rather bad situation to get into a condo where the tenants aren't paying the condo common area fees and the common areas are starting to get run down. That can be a real issue that I don't think a lot of folks think about. 

Another one especially where you are buying standalone real estate is the notion of what is called a servitude. We have done other videos on this channel discussing this. In the common law context it would be referred to often times as an easement but basically a servitude is land that may abut or it may provide access to one's own property and that maybe land that is owned by somebody else and one may have to ascertain whether or not an actual legal servitude has been granted over that piece of property. This can actually be problematic especially, I have seen this happen where you have double rows of shop houses and there are access points to get into the second row. That thoroughfare if you will, that through way may be private property and you may not necessarily have a legal easement. Now there are certain rights associated with property ownership that are conveyed where you have to have access but it may not necessarily be access on the terms that you necessarily want. Long story short, there are a lot of things that especially foreigners I don't think take into account that kind of factor into these things. 

Another thing to think about things like electric and water bills and this happens a lot more in a landlord- tenant relationship but it can happen like in the context of something that operates on a Moo Baan system where there is an overarching, well it is like a Juristic Person that maintains the overall development project and then they pass along the cost of things like electricity and water. Again, it is all going to be very factually dependent. 

Long story short, you are going to want to look into these matters before making an irrevocable decision and having to pay to be in a place that may not necessarily be optimal long term.