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Right of Habitation in Thailand Law

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The right of habitation under Thailand land law allows an individual to stay in a house, or other dwelling, without having to pay rent. If rent becomes payable, then it is no longer a habitation agreement.

 The right is purely for residential use in Thailand and not for commercial reasons, and unless it is expressly forbidden, members of the grantee’s family may also reside.

Under Thailand real estate law, the right can either be for a specific time frame (upto a maximum of 30 years) or for the lifetime of the parties. However if no set time period is expressed in the agreement, the right may be rescinded at any time, as long as reasonable notice is provided. If the right is granted for a specific time, that period may be no longer than 30 years and if it is granted for more than that it will be automatically reduced to 30 years. The grant maybe renewed for a period not exceeding 30 years from the time of renewal.

The property does not need to be in a good state of repair, and if the grantee chooses to make improvements, he will not be reimbursed his expenses.

The right is not transferable even by inheritance.

The right of habitation is documented on the Thai title deed.

The property must be returned when the right of habitations ends.