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BANGKOK 24 May 2019 19:49
khunbaa

Thai / Farang owed property & land with 30 year lease

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Ok, i'm trying to get some information on the following. I have a Thai lady friend who was married to an English guy for 10 years, during that time they had bought a house and nice piece of land. The Chanote is in the Thai ladies name, however following there separation the English was clever and tricked her into signing a 30 year lease (which i can understand) with the verbal promise that he will take care of her and pay her rent each month. instead he had her kicked off the property and has not stuck to any agreement. It's now 15 years down the line and he's never paid any rent but lived there the whole time. 

 

She has never had any money for a lawyer and ultimately is a good women so didn't take things any further, she was basically willing to wait 30 years then take back the property. However, I've been friends with her for sometime and it's horrible to see her struggling for food when she own's this land and should at least be getting something.

I'm pretty sure she has all the right's in this situation? Recently the Ex husband has come forward with a buyer where he pays for all the lawyers on both side's and once she sign's over the land the money will be released. This just sounds like a trick, but if it is real i would at least like her to get 50% of the sale. I've advised her to go the land office and get a copy of the 30 lease agreement and any other paper work they have??

Then i guess go to a lawyer and see where she stands. If anyone has any comments they think could help then i would appreciate it. She is a good women and has lived on pretty much no income for the last 15 years doing low paid job's such as restaurant work and mini mart job's. Basically i want to make sure she doesn't get ripped and would like to know what her rights are regarding the 30 year lease. 

 

Thanks for your help...

 

 

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Moved to Real Estate forum

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Thank's for the reply.

 

Yes at the time he had a good lawyer and managed to pay the police to remove her from the property, she was pretty heart broken and left for a few years to get her head straight, and over time she has just accepted it. So really she has all the right's? if i were to get a lawyer can we have him removed from the property of would the 30 year lease have to be run out. As i understand from your comment she could actually sell the property and the 30 year lease would be void? Like i said she is a good person and is fine with splitting the sale 50% 50%. I just don't want her to start signing papers then end up with nothing. 

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Yes i agree, he was only protecting his money, however he was in his 50 when they met she was in her 20's, pretty much lost the best years of her life, when they split he shouldn't get it all, after 10 years of marriage i think a 50/50 is fair. 

 

 

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3 hours ago, khunbaa said:

...during that time they had bought a house and nice piece of land...

 

When you say "they', whose money paid for the land? Was it 50/50, or did the husband use 100 per cent of his money?

 

The husband has a 30 year lease. When this expires he will have to vacate the land. The woman can sell the land at any point, but the lease will remain registered against the land until it expires or the ex husband formally agrees to its cancellation.

 

As has been stated, very few people would buy land they could do nothing with for 15 years unless they got a very large discount.

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2 hours ago, khunbaa said:

As i understand from your comment she could actually sell the property and the 30 year lease would be void? Like i said she is a good person and is fine with splitting the sale 50% 50%. I just don't want her to start signing papers then end up with nothing. 

Maybe the 30 year lease would be void if the land was sold then he would be vacating the house & land when sold I take it so it doesn't matter does it, unless he is trying to pull another fast one. 

Like you said she is a good person and it is fine with her splitting the sale 50% 50% and she cannot end up with nothing if she has a lawyer too and gets an agreement on unpaid rent to deduct from his 50%.

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2 minutes ago, Kwasaki said:

Maybe the 30 year lease would be void if the land was sold then he would be vacating the house & land

 

The lease is vacant if he formally cancels it at the land office. The sale of the land has no effect on a registered lease.

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 The Farang did that  which would be recommended by every farang who subscribes to this site.

The relationship has broken down . It seems that the ex is a man with no conscience.


Obviously we have not heard his side of the story.

He has not paid rent -however he did finance the whole scheme.

If the ex wishes to sell the house -he has to have her permission and signature.

That is her power.

She has to ensure that at least 50% of the money is with her prior to signing anything.

Maybe use an escrow account.

Suspect that the lease will have to be cancelled prior to the sale.  That is for him to fix.

I would say that she is in a very strong position -to get at least 50%

 

 

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1 hour ago, blackcab said:

 

The lease is vacant if he formally cancels it at the land office. The sale of the land has no effect on a registered lease.

Yeah always 2 sides to every story and there's more.

 

" Thai Supreme Court ruling 2297/1998 states that the lessor (landlord) does not have to be the owner of the property.

Therefore the Usufructuary can rent out the land.

Although in the event of death of the Usufructuary within the lease term, only the usufruct will be terminated but not the lease." 

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4 minutes ago, Kwasaki said:

Yeah always 2 sides to every story and there's more.

 

" Thai Supreme Court ruling 2297/1998 states that the lessor (landlord) does not have to be the owner of the property.

Therefore the Usufructuary can rent out the land.

Although in the event of death of the Usufructuary within the lease term, only the usufruct will be terminated but not the lease." 

 

In this case the OP stated the encumbrance was a lease. That's quite different to a usufruct.

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I really appreciate the comments, i'm sort of on both sides, i understand the Ex husband for protecting his investment and i understand the Thai lady. Anyway i will get a real estate lawyer and do everything through them, if they both walk away with 50% each i think good for both sides. However, i really do feel like he's just trying to pull a fast one.

 

Thanks for all your help. 

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3 minutes ago, blackcab said:

 

In this case the OP stated the encumbrance was a lease. That's quite different to a usufruct.

Always thought they were one of the same thing, if not a usufruct and just a lease then I would say it's better for OP's friend.

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