Transcript of the above video:

As the title of this video suggests, we are discussing, well we are discussing Usufructs. For those who are unaware, Usufruct in my mind is kind of similar in the Common Law tradition to what we call a Life Estate and it doesn't necessarily have to be a lifetime thing depending on circumstances. Basically, the type of Usufructs we often assist foreign nationals with here in Thailand, and to be clear I am not a Thai Attorney, I am the Managing Director of the firm. I'm an American Attorney, I'm Thai by nationality, I am a naturalized Thai but the Thai Attorneys are the ones who are going to be running this stuff through the Land Office, interacting with the Land Office itself. Many of the Attorneys here in our office deal with those things, usually on a weekly basis. 

Usufructs are very useful for foreign nationals especially those who are oftentimes married to Thais. They just feel they need "hey I just want an extra level of protection regarding my house; yes I understand it is in my spouse's name but I just want a level of protection regarding usage." Usufruct is great for that. It's basically a right of use and it can be a right of use for a lifetime, again which is oftentimes why we see it utilized in the context of foreigners with a Thai spouse because that is usually kind of how it plays out. When I am gone, my spouse can do with that property whatever they want but while I am around, I want to be able to use it notwithstanding the fact that it might be in my spouse's name." So again, this is something that is pretty common here. 

Now as far as registration, these types of instruments are not just done through just signing a sheet of paper and maybe getting it notarized. No it has to be registered at the Land Office in order to have legal effect; it has got to be registered on to the title deed, what is called a Chanote Title, so that's a freehold title, or fee simple absolute in the Common Law tradition if you like or American Common Law tradition, and you have got to have it on that lease in order for those rights to be secured. 

Now we often times, again Thai Attorneys here in our office will often times assist and it is not a particularly straightforward endeavour sometimes. Oftentimes, you are going to have to get your ducks in a row, a lot of documentation in order and make arrangements for an appointment with the Land Office to perfect such a transaction or such an instrument. That being said, once perfected, it can provide substantial benefits to a foreign national here in the Kingdom of Thailand.