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Usufruct is the right to use or occupy another person’s real property for one’s life or up to 30 years under sections 1417 1428 of the Civil and Commercial Code. The right of usufruct is not complete unless registered with the Thailand land department. Established and recorded in the official land registry of the local land office for a fixed term or for the life of the usufructuary, the usufruct exists as long as the usufructuary is alive. After his or her death the real estate property reverts back to the owner. A usufruct is often given to a family member such as a foreign spouse with the intention that a foreign spouse is protected in the event of death of the Thai spouse (registered owner). The usufruct gives the right to the foreign spouse to remain in the property upon the death of his or her Thai spouse.
In wanting to evade payment of legal fees, many resort to purchasing these “services” via online legal providers. Contracts and agreements are paid by templates and parties are merely required to fill-in their particulars to complete the instrument. This has proven to be enticing to many, the forethought of savings being their greatest consideration. However, consequences are realized much later, when unexpected twists surface and unpleasant results unfold. In the end, parties are left with no choice but to redo what has been done before, or to go to court for an unpleasant legal battle. This of course, translates to more expenses which should have been avoided from the beginning.
The Labour Department may also issue or renew work permits regardless of the above criteria when the foreign individual falls into one of the following categories: employed as an international trade representative inspecting product quality, purchases or conducting market surveys; employed as an investment or management technology adviser or internal auditor; a tour representative bringing foreign tourists into Thailand; employed in an international financial institute endorsed by the Bank of Thailand; employed a non-profit organization on a temporary basis; employed as a contractor on projects for state agencies or public enterprises; employed in a business that mainly required the use of local raw materials.
According to section 93 of the Land Code Act a foreigner who acquires land as statutory heir can have an ownership in such land upon a permission of the Minister of Interior. Note that section 93 Land Code Act only refers to foreign land ownership under a treaty and not for example to foreigners inheriting land from their Thai spouse. A foreign spouse of a Thai national can inherit land but cannot register ownership of land and has to sell the land within one year from the date of acquisition. We have helped a growing number of clients find the right lawyer for their specific case in Thailand. Using a lawyer requires both trust and reliability. That is why the lawyers in our partner program undergo an admission process to ensure our network only consists of the best English-speaking lawyers in Thailand. Our extensive network of lawyers helps us find the ideal lawyers for your specific case. Read more details at https://3lawyersthailand.com/.