A1

Chiang Rai Properties   Things To Consider When Looking To Secure Property In Thailand     -  options for foreigners  -

Ownership and land title:   If a foreign man is married to a Thai, then Thai law allows the property to be owned by his Thai wife - providing she indicates the money for the purchase was hers or came from a Thai, not a foreigner. The law is crafted to preclude foreigners from owning property in their names.  If the wife passes away, the land's ownership can revert to the husband.  After the husband passes away, the property must get passed on to the wife's Thai family.  Children from a foreign/Thai union can legally own property only if they were born in Thailand with Thai names.  Hypothetically, a person with a non-Asian appearance could own Thai property, but it's not a likely scenario, and it's one that Thai bureaucrats make efforts to preclude. 

Disclaimer: I'm not an attorney, plus all that's mentioned on this page is at the whim of whichever subjective Thai authorities are upholding the law - known for being mutable - depending on who you know and what you represent.

Securing property in a Thai person's name:  Foreigners who are not married to Thais - can go this route. Contracts in Thai and English should be drawn up to safeguard both parties. A Thai specialist can assist with contract wording. Obviously the foreigner would do this with a trustworthy Thai person, though foreigners have been known to do such serious business with a Thai 'girlfriend of the month' and regret it later.

30-year leases and pseudo loans:   Possible in various land procurement situations, plus the lease can have a clause to allow it to be renewable - with no subsequent money exchange. Such contracts should also stipulate that they're binding to heirs of each party - in such case as one or the other should die, the contract is still binding. The term  'pseudo loans' is used here to further ensure that the Thai person, who's name is being used, stays trustworthy. In effect, the foreign buyer is purportedly 'loaning' the amount (equal to the purchase price of the land) to the Thai person who's name is put on the title as 'owner'. Such a pseudo loan should preclude the Thai person (who's name is on the title) from either selling, giving away, using the property - or otherwise trying to secure a loan against the property at a later date.

Securing property under the umbrella of a corporation:   This is becoming a popular option. The foreigner can own 49% of the corporation, with Thai people owning the remainder.  When you have a corporation, there's a tax obligation - regardless of whether the business has any activity. 

Own the building but not the land:  In parts of Thailand where foreigners are prevalent, there are provisions that allow a foreigner to own a condo or apartment in his name, but not the land it's built upon.  In parts of Thailand where foreigners are not prevalent, the foreigner-owned condominium concept will be met by blank stares from Land Office employees.

Thai bureaucracy is a mutable beast.  Getting things done is not a matter of knowing the law and expecting that regulations will get dealt with in a equitable fashion.  Thai law is subjective and its administration depends on who you know, your attire, what you represent and how you're represented.   Example:  if you go in to the Land Office dressed casually and have a smart, but lower-class Thai assistant, you're not likely to accomplish much. Conversely, if you go to the same office dressed formally, act like a big shot, and have power representation - you're much more likely to get what you want.  If you or your accomplice are familiar to the bureaucrat- that's a big advantage.

     Ken    084 173 2757       Email   ken [at] adventure1.com          Home     about Chiang Rai    
   tips for foreigners wanting to secure property in Thailand 
 

---

Farmsteading in Thailand True chronicle of solo American who comes to Thailand with no connections, no handle on the language, and little money - and goes on to develop an organic farm.  Details

...singer of spiritual poems, Milarepa became a living Buddha 900 years ago in Tibet. E-book or Audio-book avail.

Learn Thai quick 'n easy!

---