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A. How can a foreigner
acquire land in Thailand?
Though
Thai Property Laws prohibit a foreigner from
owning land in Thailand, there are four alternatives
for a foreigner acquire land, as follows:
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| 1. In the Name of a Company |
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A foreigner may own a land in a name of Thai company (at least 51% of shares are Thai and 49% are foreign). This can be done as a Thai Limited Company or a registered Thai Partnership. The most common form of company registered in Thailand is the Thai Limited Company.
See also:
 Thai Limited Company
Thai Partnership
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A foreigner who invests 40 million Baht for no less than 5 years, for some other than ownership or real estate itself, is entitled to buy up to one rai (1,600 square meters) of land for residential purposes. Permission from the Ministry of Interior must be obtained.
See also:
BOI (Board of Investment)
3. Married to a Thai |
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I n 1999, Thai property law, concerning a Thai whose spouse is foreign, has been amended for a favor of a Thai with a foreign spouse. Such couple may now legally own a land in Thailand. Nevertheless, a land must be registered under a name of a Thai. Also, a foreign spouse must sign a declaration stating that the funds using to buy a land is of a Thai spouse, so that he/she waives his/her right to the ownership of land.
See also:
Thai Marriage Property
Leasing is one option for a foreigner to acquire land. The maximum duration of a lease under Thai property law is 30 years, with a possibility to renew again if agreed. This is the least complicated option for a foreigner to have a right of usage of land. The land lease over 3 years must be registered at the Land Department.
A company or the Thai spouse of a foreigner may grant a Right of Superficies in favor of the foreigner, giving him the right to personally own all constructions situated on the land. By using this possibility, a foreign individual can be registered as the owner of a house without owning the land. The Right of Superficies can be conceded for a period of 30 years and can be renewed for another 30 years (but not automatically).
Before buying land, an essential step to the process is to conduct a Title Search. Since there are different levels of land title deeds, it is recommended to verify with the Land Department the type of title deed of a land in which you are interested to acquire and its legality. This step would provide more information about a land; for instance, whether it is under any obligation. Also, due to a real estate boom in Thailand, some counterfeit title deeds have been noticed. It is strongly recommended to conduct a title search to avoid any unappreciated surprise in the future.
See also:
Thai Title Deeds
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