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Usufructs in Thailand Law

land purchase

Thailand usufruct law is the right to use or obtain a profit or benefit from property belonging to another person.

The legalities of usufructs are set out in clauses 1417 to 1428  of the Thailand Civil and Commercial Code.

A usufruct can be entered into for a lifetime or for a maximum of 30 years. It needs to be registered at the local Land Department to have full effect on third parties, on the Thailand title deed, Nor Sor Sam or higher. For the duration of the usufruct, the owner cannot sell or transfer the property to other third parties.

 Under Thailand usufruct law, the predominant use of a usufruct, is for land activities such as agriculture, mining, and stone collection: the right to reside on property pursuant to a usufruct is not expressly stated. However, some interpret this right as including the right to reside on the land as well, nevertheless the occupations applicable to the usufruct are all expressly prohibited to foreigners pursuant to the Foreign Business Act B.E. 2542 (A.D. 1999).

When the usufruct is terminated, the property must be returned to the owner.

Although Thailand land law does not prohibit the rights of usufruct for foreigners, the final decision to register a usufruct is according to the discretion of the Thai Land Department official.