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Get Your Usufruct Agreement in Thailand

For easy issuance of Usufruct Agreement in Thailand, Contact Us!

Usufruct Agreement in Thailand is the most reliable method for Foreigners to Own a Land

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Things To Know Prior To Registration Of The Usufruct

  1. Foreigners can register a usufruct to own a land although it remains a subject to the discretion of the officer at the Land Department.
  2. Chanotte and Certificate of Utilization are the only two titles that qualify to Usufruct registration.
  3. The owner of the land is the only one who can grant the usufruct.
  4. Only upon the death of the actual holder of the usufruct, its interest will expire.

All That You Need To Know About Usufruct Agreement in Thailand

  1. A person who confirms to a usufruct agreement with the land owner is the “usufructuary”.
  2. The usufruct can be up to thirty years or till the life of the usufructuary.
  3. Even after registration it will be in a state of subjection to the owner unless terminated.
  4. The usufructuary must maintain the property and return it in the same position as it was when granted.
  5. The usufructuary must do everything, including incurring expenditure that it takes to manage the property, from incurring expenditure, paying taxes and duties to paying off the interest on debts attributed to it.
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Want To Transfer Usufruct?

Third Party Transfer

As stated in the Civil and Commercial Code of section 1422, the beneficiary can transfer his rights to a third party. In fact, the usufructuary can get into a lease of 30 years with the third party. Nevertheless, the usufruct grantor will still claim for the damages that are induced by the third party.

Registered Public Document

The usufructuary has the right to transfer the land via inheritance although the decision is ultimately depending on the Land Department officials.

Documents Required for Drafting and Registration the Agreement

  • A copy of House Registration book and a Thai identification card of both the parties
  • If a foreigner, then provide a copy of the passport
  • A copy of the title deeds
  • Originals of the aforesaid must be presented during registration

Procedure of Registration at the Land Department

  • All the original documents mentioned in the “Documents Required for Drafting and Registration the Agreement” section should be submitted.
  • Upon the officer’s call, you will need to sign papers.
  • Registering a usufruct for free will require you to pay a minimum Government fee of around 100 baht each application.
  • All the documents will be verified by the officials.
  • Ensure that at the back of the Title Deed the Usufructuary’s name is mentioned in Thai along with the length of the agreement, the owner’s name and the date of registration.

Why us ?

Obtain Chanotte & Certificate of Utilization Titles

Legal Support Throughout the Usufructuary Span

Compliance with Civil & Commercial Code u/s 1422

Additional Estate & Property Planning Services

Helps in both Freehold & Leasehold Ownership

Good Relationship with Land Officials & Authorities

Frequently Asked Questions

You must go to the Land Department where the property is located.

This isn’t true at all. In fact, in Thailand court decisions are given about usufructs. This type of agreement has originated from the Roman law and therefore they are in the civil law countries since centuries.

Yes, both lease and usufruct are safe in Thailand. Under section 453 and 640, both of them are considered as a gift agreement or a loan contract, respectively. Unless there is a change in the Thai laws, the foreigners are allowed to make such agreements.

If the agreement has been done for a certain amount of money, then yes, taxes of around 1.5% on the contract value have to be paid.

Yes, you can, even if you have registered the agreement on the title deed. But then, nobody shows much interest in purchasing a property that they cannot use until the seller dies as even after selling the rights are preserved to the seller.

If the owner isn’t your spouse, then cancellation of the usufruct agreement is not possible.

CONTACT US

KONRAD LEGAL COMPANY LIMITED

2 Pacific Place Building, 12th Floor,
Unit 1209, No.142, Sukhumvit Road,
Klongtoey, Bangkok 10110

Phone: +66 2626-0277

[email protected]
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