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TM-30 with a Usufruct Contract


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I have a Usufruct Contract on my wife's land and residence.  The Usufruct gives me the life-time right to the use of the land and residence.  My name is on my wife's land deed showing a lien on the property in my name.

So given that I have a Usufruct and my name is on the land deed,

1. How should I fill out the application to access the online TM-30 system and what documents do I need to supply as attachments considering I have a legal right to use the property (just like a lease);

 

2.  What documents do I need to take to my local immigration office if I file a TM-30 to report a "return to my residence" after staying overnight in another province - again, considering I have a legal right to use the property (just like a lease).  I'll obviously need to do this until I have access to the online system.

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Either the Chanote with backside where your usufruct is registered plus your passport copy incl. visa page and stamp 

or if you have the housebook where it shows you as the housemaster plus passport/visa/stamp

 

You are basically the housemaster/owner in that setup, so just select that

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I am in same position as op have usufruct and built the house,,,when I went immigration they asked for rental contract,,told them it’s my house so no rental contract,,,,,they then asked for my house book,,,told her don’t have one just waiting to get work permit and then yellow book.......by this stage I could see it was just gonna be easier to say my wife has blue book.....so just copy of blue book and wife’s ID was needed,they are the same documents I uploaded last week for the online app,says application successfull waiting on username and password now.

i would say a usufruct on back of chanote is something immigration are not used to seeing ,probably a lot wouldn’t even know what a usufruct is, it also doesn’t prove that you own the house /address..so maybe confusing the sitiuation more by uploading that.

 

Edited by taninthai
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With regards to the blue book there are two different situations:

1. The house was already built on the land at the point of time when the usufruct was signed. Then you can only get the yellow book, because you are only using the house.

2. You built (and paid for) the house after the usufruct was signed. In this case you are the true owner of the house and the blue book.

 

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19 minutes ago, clonetom said:

With regards to the blue book there are two different situations:

1. The house was already built on the land at the point of time when the usufruct was signed. Then you can only get the yellow book, because you are only using the house.

2. You built (and paid for) the house after the usufruct was signed. In this case you are the true owner of the house and the blue book.

 

Ferang cannot get blue book and blue book only shows what thai people live there.

to prove ownership of house need building permit in your name or a bill of sale contract.

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I have a usufruct on our (the wife and I) land and house.  On the chanote she is listed as the Promiser (Owner) and I'm listed as the Promisee.  Under the Promiser column is my wife's name and under the Promisee column is my name with the note "Rights Holder".   And in the "Type of" column if says "Lifetime Rights."  Basically the wife is the owner but I have lifetime rights to the property....some might want to call it a lifetime lease.  The wife has the blue book for the property....I have a yellow book for the property.

 

Anyway, I filed my TM30 on 21 Aug 2019 at Chaeng Wattana as the House Processor...docs copies I attached was my Thai Pink ID card, my Yellow Book, and the Chanote. 

 

https://www.samuiforsale.com/other-miscellaneous/sample-content-land-title-deed.html

Translation of chanote rear side....column headings

image.png.46200ae7a802ade3a4c1df136e6a4103.png

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2 hours ago, clonetom said:

With regards to the blue book there are two different situations:

1. The house was already built on the land at the point of time when the usufruct was signed. Then you can only get the yellow book, because you are only using the house.

2. You built (and paid for) the house after the usufruct was signed. In this case you are the true owner of the house and the blue book.

 

So. I had lifetime usfruct before I built house. Have Contract for house build 8 years ago. So what exactly do I need to do the android app filling in bit? Simplest being the most prefered format please. 

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"2.  What documents do I need to take to my local immigration office if I file a TM-30 to report a "return to my residence" after staying overnight in another province - again, considering I have a legal right to use the property (just like a lease).  I'll obviously need to do this until I have access to the online system."

 

It may depend on what provincial Immigration office is involved.  In Chiangmai, updating only requires presentation of one's passport which has the TM30 Notification of Receipt* stapled in the back.  They'll simply briefly enter some info on their computer and then put a new date stamp on that Notification of Receipt.

[*For those who only have some printout of the TM30 filing, I suppose that is needed instead of the TM30 Notification of Receipt.  In Chiangmai, if that is the case, they'll print out their form of the TM30 Notification of Receipt (it looks very much like the 90-day Notification of Receipt), date stamp that, and then staple that in the back of your passport.  And, if your Notification of Receipt is full of date stamps or too damaged, they'll print out a new one for you.]

 

Anybody doing anything - original filing or updating - via their online system ought to keep a printout to prove the filing/updating has been done. I'd note that, so far, Chiangmai has only required updating upon return to your TM30 registered address after re-entering Thailand (although, given one poster claimed he/she was required to update simply for being gone 24 hours within Thailand, perhaps that is going to change). 

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4 hours ago, taninthai said:

Ferang cannot get blue book and blue book only shows what thai people live there.

to prove ownership of house need building permit in your name or a bill of sale contract.

Permanent residents can be listed in the blue book. 

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