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Duties Associated with Usufructs in Thailand

Transcript of the above video:

As a title of this video suggests we are discussing Usufructs in Thailand. For those who are unaware, and we have made a number of videos on this channel, we urge you to go to the search function of this channel to find Usufruct and look up Usufruct.

Usufruct is basically "right of use of land" in Thailand. To be clear, I am not a Thai Attorney. As noted, I am an American Attorney. I am a citizen and the Managing Director of this law firm and this video has been vetted by our Thai legal staff. I am making this video for explanatory purposes only. The English language used in this video should not be viewed as dispositive with respect to the Thai language of Thai Law. In Thai law, the Thai language is controlling. This is only for explanation for folks in English as to issues associated with Usufruct. 

You can go on our website and you can actually find the Thai Civil and Commercial Code, specifically Property Title 7: Usufruct and then this is under section 1420 under Property Title 7, so it is title 7 of the Code, Section 1420.  Quoting directly: "When Usufruct comes to an end, the Usufructuary must return the property to the owner. The Usufructuary is liable for the destruction or depreciation of value of the property unless he proves that the damage was not caused by his fault. He must replace anything which he has wrongfully consumed, is not bound to give compensation for a depreciation of value caused by reasonable use." and then go to  section 1421: "The Usufructuary must in the exercise of his rights, take as much care of the property as a person of ordinary prudence would take care of his own property." 

So there are limitations and there are certain duties associated with Usufruct and for those who fall in breach or it is deemed that they have damaged or depreciated property value, it may be required that certain compensation is in order at the end of a Usufruct period. 

That being stated, it is a good idea with respect to any Thai property matters, especially if you are foreigner, to contact a legal professional to gain some insight and guidance into how best to deal with your own personal case under the specific facts of that case.