can an expat lease land for 30 years?

Posted Tue, Dec 27, 2022 2:49 PM

Dear Sir/Madam,

Certainly, foreigner is allowed to lease the land for 30 years, and can have ownership on the construction

W Law International (Thailand)

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Posted Tue, Dec 27, 2022 3:28 PM

A long-term, 30-year lease is a popular option among foreigners in Thailand who desire the benefits of owning property. The advantage of a lease option over Thai usufruct, superficies or setting up a Thai company, is its relative simplicity. Contrary to a common misunderstanding, 30 years is the limit for a lease under Thai law. Although a lease agreement may include a renewal clause, automatic renewal is not permitted. The renewal must be made prior to the expiration of the lease agreement. For a Thai lease agreement of more than three years to be valid, a Thai language version must be endorsed on the owner’s land title deed, and entered on record at the local Land Department office. This is a legal requirement but also protects the lessee’s interest in the property as following registration, the name of the lessee and particulars of the lease are attached to the title deed and retained at the Land Department Office. To be legally enforceable, a Thai lease agreement must be in writing.

Notably, these leases are valid despite the death of the lessor or in circumstances where the land is sold; however, leases cannot be transferred to a third party (in whole or in part) or sublet without the permission of the lessor. In the event that the lessee transfers their rights or sublets without permission, the lease may be terminated by the lessor.

Thai leases are easy to understand, but still need to follow legal formalities. Proper legal representation, when entering into a lease, is always recommended.

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Mahanakorn Partners Group 

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Posted Thu, Dec 29, 2022 2:55 AM

Dear Sir/Madam, 

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Posted Thu, Jan 5, 2023 8:10 AM

Yes, you can do a 30-year lease for land. Many non-Thai people (AKA foreigners) do this lease option in order to build a house or other structure and utilise the land for this 30-year term. It is important that the contract be written in a proper, legal way, so that any potential future issues are avoided. 

In Thailand, a 30-year land lease is a type of agreement in which the owner of a piece of land grants the use of that land to another party for a period of 30 years. This type of lease is commonly used for real estate development, as it allows the lessee to invest in the construction of buildings or other improvements on the land without having to purchase the land outright.

There are a few key points to consider when entering into a 30-year land lease in Thailand. First, it is important to carefully review the terms of the lease agreement, as this will determine the rights and obligations of both the lessor and the lessee. The agreement should specify the duration of the lease, the purpose for which the land may be used, and any restrictions on the use of the land.

One of the main benefits of a 30-year land lease is the ability to use the land for a long period of time without having to purchase it outright. This can be especially attractive for someone who wants to build, as it allows them to invest in the construction of buildings or other improvements without having to commit to a large upfront cost.

However, it is important to note that a 30-year land lease is not the same as owning the land outright. At the end of the lease period, the lessee will no longer have the right to use the land unless the lease is renewed or the lessee purchases the land.

Overall, a 30-year land lease can be a useful option for those looking to use land for real estate development in Thailand, but it is important to carefully consider the terms of the agreement and the financial implications of the lease before entering into such an arrangement.

Thailand Family Law Partners (TFL)

www.thailandfamilylaw.com

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