Superficies in Thailand is an attractive property ownership rights for foreigners to use real Thai. Since foreigners can not own land go, outright, the investor must look for alternatives to outright ownership. The surface option is a strong property right, that long-term protection offers potential investors.
One area is a property right that a landowner is the use of their land for a certain period to the superficiary grant. Unlike a lease, asuperficies agreement is a real property. While the lease is focused on the people to sign the contract, the focus of superficies in the country agreed in the contract. Since it is a property right of superficies shall be registered with the Land Office.
The case in Thailand superficiary grants the right to build or plant on a piece of land. The concept of superficies may be defined in two ways. First, the landowner granting an area of 30 years. OnceThe 30-year period is expired, the parties to extend the agreement for another 30 years. The second option includes the structuring of the agreement such as a life estate. The parties may agree that it would be the superficies for the life-time of one of the parties, either the landlord or modified superficiary.
Another aspect of the economic superficies is that it is transferable. That's because it is a true property rights. may sell or transfer the superficiary or interest at any time.In addition, the superficiary to develop the interest of a will. The transferability of superficies makes him a unique legal protection for foreigners in Thailand.
For married: Superficies in Thailand is commonly used among the married couples where one spouse is Thai, and the other is a stranger. As the foreign spouse can not own land, the Thai spouse to acquire property and grant of land, the foreign spouse. This requires some complex contractualManeuvering such a couple should make a lawyer before choosing this option, consult.
Practical information: While a foreign spouse can remain in the event of a divorce, the rights associated with superficies, it means does not always work, as a practical matter. This is particularly true in rural regions of Thailand. While a foreigner can actually reserve the right to property, family and friends on the ground can use their spouses to ignore that right and just refuse,cooperate. To protect the foreign party to this right, he can consider in a marriage contract with his Thai fiancée, where this right is provided for in certain conditions.
