Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Welcome to Legal.co.th

Insights into Thai, American, and International Law

Contact us: +66 2-266 3698

info@integrity-legal.com

ResourcesThailand Real Estate & Property LawTitleThailand Property Law: Usufruct and Superfices

Thailand Property Law: Usufruct and Superfices

Transcript of the above video:

In other videos on this channel, we discussed long-term leases, certain changes that may be about long term leases here in Thailand. We also discussed the possibility of foreigners owning land, the possibility of foreigners owning condominiums, things of this nature.

In this video specifically, we're going to be talking about usufruct and superficies. Both of these instruments are somewhat unique from the standpoint of American law because, although there are things that are somewhat similar, they don't quite line up exactly the same way as these instruments are going to go ahead and operate in Thailand.

A usufruct is possible for a foreigner to obtain, own a piece of property and what we are basically talking about is a lifetime usage in most cases or some sort of term usage usually like lifetime, usufruct superficies, I sort of talk about interchangeably and most people when they are colloquially talking about usufruct here in Thailand, they're talking about lifetime usage of land. 

Now, this is usually for the lifetime of a foreign individual because a Thai presumably would just buy the land or come up with some other instrument by which to go ahead and utilize the land in question.

But with respect to usufruct, certain things, there are certain formalities that have to be maintained and adhered to in order to go ahead and get one legally structured. And the other thing to think of is Land Department registration of usufruct is a good idea as well.

Basically in short, it's an extremely good idea to have a Thai attorney, duly qualified Thai attorney to go ahead and draft up such an instrument.

We have such individuals in our firm. I work with them rather frequently nto with respect to the details of how to do the usufruct drafting but just again, liaising with some of our clients who are looking for such services.

The usufruct is rather nice because it can literally be for the lifetime of the individual obtaining the usufruct notwithstanding changes to the ownership of the underlying land. So much the same way that sort of easements will run with the land in the United States and in certain ways covenants in the United States will run with the land. Usufructs in Thailand operate very similarly with respect to the lifetime usage provision.

They can be rather beneficial. They're somewhat tricky sometimes from a drafting standpoint as well as from a registration standpoint but they can be very good for a foreign national wishing to enjoy use of a real property here in Thailand. And those who are looking to go ahead and seek such services are strongly advised to retain the services of a licensed Thai attorney who can assist in the drafting of such instrument.