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BANGKOK 21 January 2019 12:07


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About ThomasThBKK

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  1. Was the building permit on your name? Do you have a lease for the house or usufruct for the whole plot before the house was on it? Seems to me u might have just leased an existing house/land for 30 years and u don't really "own" it. It's one of these pseudo thai structures they sell to farrangs but are not a good setup ;-/ normally u would register a usufruct or superficies in your name on the chanote and then get a building permit in ur name, aftee that u hire the builder to build a house... In these prepackaged deals however what they call ownership is not really an ownership. Sent from my LYA-L29 using Tapatalk
  2. What does own your house mean? Do u have a usufruct, what's the legal setup of all this? If you would legally own it you can change it. Sent from my LYA-L29 using Tapatalk
  3. Everyone i know here that is under 50 yo either has a work permit plus visa and earns his money in thailand or earns it ouside and just bought an elite visa. There's just not much to write about here, so why would they post? Everything about these visas has been discussed to death and they just work fine so not much discussion is needed. Sent from my LYA-L29 using Tapatalk
  4. Yes that's correct. Selling the land doesn't invalidate the usufruct/lease/superficies/servitudes. Same as a rental contract, selling the condo doesn't mean your rental contract is not enforceable anymore. Sent from my LYA-L29 using Tapatalk
  5. ThomasThBKK

    "Legal" Advice Please

    Well, if u get a usufruct for the 2 plots she can't really do much without you two agreeing on what can be done/sold. You would have enough time then to setup some kind of sales contract if she ever sells the stuff. If i was you i would just mail a bangkok real eastate lawyer and ask for his opinion. Sent from my LYA-L29 using Tapatalk
  6. ThomasThBKK

    "Legal" Advice Please

    Make a usufruct in your name registered on the backside of the chanote Sent from my LYA-L29 using Tapatalk
  7. ThomasThBKK

    New company requirements and visas

    While you can only own 49% of the company, you can still control it via prefered shares (voting rights). OP, there are reputable english speaking lawyers that have offices in the UK and in Thailand, talk to them instead.
  8. It grants you the right of usage to a plot for lifetime. It's literally the tranalation of usus to use in latin. It's used all over the world and also in thailand. It can be held by a foreigber and during the time of the usufruct he can do what he wants with the land plot (tho if u destroy already existing buildings u might have to restore them when it expires.) Usufruct shouldn't be free tho and they also don't help much if you are married already. Sent from my LYA-L29 using Tapatalk
  9. It's actually better if you get the usufruct from the original owner on the back of the chanote before the land is transferred to either your thai partner or a company setup. It will be taken over to the new chanote, i suspect you are waiting on a subdivision of the said chanote? May i ask how long you are already waiting? Normally a subdivision takes around 3 months to a year - so i am wobdering how you already have a house on there without having rhe chanote transferred to ur thai partner. You should get the current owner to give you a usufruct of over the whole plot (that you bought) , that's better than not having anything at all. Make him sign a sale agreement for the usufruct and state that the money has been already paid. Prepare to pay a hit of transfer taxes/fees at land office. Also make sure you have a right of trespassing in there so no one can cut you of from your own land! It's noted on the chanote and says chanote x, y, z give right to trespass their land over a road, same for water and electricity. If you have access from a public road you won't need this tho. Edit: ok you stated you bought 5 years ago, you should already have the chanote in your partners name. I would actually advise you to talk with a real estate lawyer and find out why that isn't the case. Normally u hand over the cash/barcheque in front of the land office and then you transfer the chanote. Sent from my LYA-L29 using Tapatalk
  10. Bit confused by the no university degree. He states he has a Diploma, the german Diploma is usually the equivalent of a Bachlor plus Masters degree (5 years of university). Which is more than enough for a PR. You should tell us what you exactly have Op. Sent from my LYA-L29 using Tapatalk
  11. 1) Get the template at the local land office, or better ask your lawyer todo it. 1.1) Be amazed that they don't know what a usufruct is if it's a small office. (optional) 2) ask lawyer to fill it out for you 3) setup a sales contract between you and the owner, usufruct value should be a high percentage of the land value. Make sure that money is really flowing even if owner refunds you later somehow. Pay taxes on this in the land office. This is absolutely important as donations in thai law can be taken back at any time. 4) go to land office with the original chanote, your lawyer, the owner or a power of attorney from the owner and a person he trusts. 5) Get the usufruct registered to the back of the chanote. Make sure everyone brings his passport, thais also need to bring id card and housebook. Also bring copies of these documents as they most likely don't have a copy machine or say they don't want to copy it for you. 6) hopefully get your stuff registered. 7) Now if u plan to build a house there make sure to put the house, building permit, bills etc in your own personal name and not the chanotes owners name. As you are asking for requirements. There are none. BUT it gets harder if you are married, everyone you start to possess in a marriage is shares with your wife. Do NOT get married here if you want to buy property(not saying u should). They will most likely ask you to sign a document that states that your wife owns whatever you bought and bought it with her own money and bla - if you are married. Sent from my LYA-L29 using Tapatalk
  12. It's as illegal as corruption and prostitution or driving without a helmet... You can buy them everywhere at night anyway...
  13. If you don't know find it out Take your wife and go to the land office, request copys of the Chanotes history, it should show a step by step upgrade to a chanote title and when it was done etc.
  14. Doesn't sound too good to be honest... He's either in on the scam or an idiot. The land office could also be in on the scam, what u should do is. Take your lawyer and go to the next higher land office for the whole region and tell them whats happening. And as for your lawyer, either use one u used before and u can trust or take a flight to Bangkok and go to an international or at least big company. regional lawyers are often crooks and easy to bribe. Do you have anything registered on the Chanote, like a lease, usufruct....anything? If not uhm that might get a real problem. if not the squatter rights might rescue your ass: https://www.tilleke.com/sites/default/files/2013-jun28-land-ownership.pdf There's no way that guy is wealthy in any way, or he wouldnt start a stupid fight in a court case over 400 000 THB at a chanote he never background checked, maybe hes trying to steal your house tho... DO NOT LET HIM ON YOUR POSESSION. he might try to lock you out and change locks etc. Lawyer up, lawyer up, lawyer up.... And don't expect stuff to work as in the UK here, Thai logic is everywhere - however this is a civil law case and most of thailands civil law is based on german law, so there's a bit of logic left. Start a litigation case against the seller, sales contracts are normally enforceable... You should have a right to use this road if its not a public road registered on the original chanote, thats how u normally make sure you cannot be cut off from your own plot of land. Normally it says sth that Chanote X is allowed to access Chanote Y over a 3 metre long road and also allowed to use electricity, water etc from the parent chanote.