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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 applicant of a work permit must be in the possession of a valid non-Immigrant visa at the time they of processing the work permit application, however it is possible to start a work permit application for the purpose of obtaining a Non-Immigrant class B (business) visa (i.e. some embassies around Thailand require a valid work permit or a work permit application form (WP 2) as one of the conditions for issuing a non-immigrant class B (business) visa).

Foreigners and foreign juristic persons may own an apartment unit in a building registered and licensed under the Thailand Condominium Act. Section 19 of this act governs foreign ownership of condos, which among others puts a limit on foreign ownership in a condo building and not more than 49% of all units in a condo project can be foreign owned. When the aggregate floor space of all units combined is 6000 square meters 2940 square meters can be foreign owned, or in case of 100 equal apartment units in one condo building up to 49 of the units can be foreign-owned, 51 or more must be Thai owned. In addition foreigners must qualify for ownership under section 19 which usually means that the foreigner must have brought into Thailand foreign currency at least equal to the total purchase of the condo and having exchanged this amount into Thai baht. The recipient bank inside Thailand will supply documents of the remittance and exchange of foreign currency and such proof must be submitted to the Land Department in order to register foreign ownership. It should be noted that foreign ownership is an individual personal right of the foreigner who qualified under section 19 and therefore foreign ownership of the unit is not transferable to another foreigner unless this foreigner (including foreign heirs) also individual qualifies for ownership under section 19 of the Condominium Act. 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. Discover more details about 3lawyersthailand.com.