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Buying Land in Chiang Mai Thailand

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Buying Land in Thailand

Buying land in Thailand is full of dangers. Horror stories abound, including foreigners 'viewing' nice plots of land, but then finding that the land they just paid for is NOT that piece of land but another (less desirable) plot. Various other 'scams' are commonplace so be careful. always check the papers when considering buying land. If the land has proper title (Chanott or Nor Sor Sam Kor) this will give reference numbers for markers at various points on the land. There should be a concrete post (often buried) in the ground at the corresponding point and it should have the same reference numbers on it. If the land does not have full title (Chanott or Nor Sor Sam Kor) then DON'T BUY IT. Also if the markers are different then on the paper then DON'T BUY IT.

Don’t buy ‘Sor Kor Nung’, ‘Tor Bor Tor Hoc’, or ‘Tor Bor Tor Ha’ they are essentially squatter’s rights registered at the district office for a small fee. Unlike the ‘Chanott’ and the ‘Nor Sor Sam Kor’, they cannot legally be sold, nor can you build on the land, also stay away from ‘Sor Bor Kor’. These are true title deeds, accurately surveyed and pegged (like a Chanott). They can be mortgaged and developed. But the big but is they cannot be leased, sold or transferred so don’t buy it. Remember buy only ‘Chanott’ or ‘Nor Sor Sam Kor’.

 

There are a number of options that are available for a foreigner wanting to acquire property. House in Chiang Mai have facilitated each of these options for different foreigners in the past and our legal advisors are well versed in the procedures and can plan and implement a scheme to suit your circumstances.

 

Land leases

This option has become much more popular, so most foreigners who “own” land and houses go for a leasehold agreement of typically 30 years, with two prepaid 30-year renewals. The lease will include clauses that automatically allow freehold ownership if the laws of foreign ownership change in the future, and the right to sell and/or transfer the property.

This gives you 90 years with strong backup, making it effectively ownership.

Just to complicate things a little, while you can only lease land, all the buildings – either on the land when it was purchased, or improved or built by you after purchasing the land, are yours freehold. Technically this means that once the lease expires, the owner of the land must purchase the building(s) at an independently and legally valued price, or negotiate another lease period.

The structure of a lease agreement needs to be watertight. But because this has become the preferred way of holding land in Thailand for foreigners, this type of lease agreement has become more or less a template, with add-ons to suit individual buyer’s needs.

But don’t draw it up yourself. Get the advice of a lawyer versed in such things. And don’t sign anything or hand over any money until you fully understand and are happy with what’s written on the lease agreement.

 

Thai partner

If you are married with a Thai, then the most simple solution is to let her buy House and Land.

For the partner to buy land, proof is required that the money used to purchase the land is legally the Thai partner’s, with no foreign claim to it. Get divorced or separated and the Thai “ex” gets to keep it all. Even if the Thai partner dies, the foreigner has no claim to the land and there is nothing to stop the relatives from moving in (if they haven’t already) and booting you out.

You want a house to call your own without the prospect of your partner’s relatives circling hungrily. So think twice before you choose this option .

 

Company owns the Land

Although foreigners cannot own land, legally formed companies with foreign shareholders can do so. Company law is complicated here (isn't it everywhere?), but in general a Thai company cannot have more than 49% of its shares owned by foreigners, and if the company is going to own property then this reduces to 39%. If the company has been set up by a competent lawyer then you can still have control of the company despite the fact that you will own less than 50% of the shares.

The Thai authorities have now taken steps to close Companies only for the purpose of acquiring property, any company with foreign shareholders that tries to register the purchase of land is now subject to a full investigation to ensure that the company has not been set up to enable foreigners to acquire land. So tread carefully if you intend forming a company purely as a vehicle to own property.

 

 

If you have any question regarding buying a House then please let us know, and we will do our best to answer your question

 

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