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ResourcesThailand Real Estate & Property LawTitleIs a Thai Usufruct Better Than a Thai Lease?

Is a Thai Usufruct Better Than a Thai Lease?

Transcript of the above video:

As the title of this video suggests we are discussing the difference between Usufruct and Thai Leasing. 

First of all, and we have done a number of videos on this channel, but a usufruct is basically a right of use a land, specifically oftentimes the surface of land without having the right to own it per se. You don't necessarily have what is called Chanote title or freehold title over that piece of Real Estate but you can use it. Often times, it is possible to have a usufruct which has lifetime usage of an individual, somewhat akin to what we call a life estate in the common law system of property. There are differences but conceptually they are similar. 

Meanwhile, I think most folks are familiar with a lease. In Thailand, at least as of the time of this video, it is possible to get a lease of up to 30 years in Thailand; generally anything over three years needs to be recorded. It is possible to have a lease and for foreigners either one of these can be a possibility. People often ask me "which is better?" Well long story short, and I know people get tired of me saying this, but it is going to depend on your circumstances. A lot may depend on the local land office depending on their view of these type of instruments and it may also depend on your circumstances. How this is being set up; under what circumstances; for what reason. There are a number of different pros and cons associated with both types of instruments and your specific factual set of circumstances will oftentimes dictate whether or not it is a particularly positive or negative instrument for you to use. 

So for those who are interested in this, it may not be a terrible idea to contact a legal professional to gain some insight and guidance as to options and strategies.