Define Usufruct Registration in Thailand

A usufruct is enforceable and registered when the 'competent official' (the land office local or provincial branch office) records it in the land Register. Included Thailand usufruct contract documents in the ZIP-file: Thai English usufruct main contract, cover page, headers and footer, law text in WordPad.

How to use the usufruct template and notes

• complete the missing details in the usufruct agreement and prepare the attachments to the contract
• prepare 3 sets of documents + attachments in Thai and English and staple together (1 land office copy and a copy for each party)
• bring 2 witnesses to the local land office in Thailand for registration of the usufruct on the land title ownership deed
• bring usufruct registration fees, and all original documents related to the land and house and house book of the owner, original ID's.
• each party should sign the contract, certify with their signature the ID attachments and initial each page of the contract and attachments.

Note 1: it is common that land officials in Thailand expect extra money for official registrations (e.g 3000 baht for the registration of a usufruct), but this depends on the officials you are dealing with and the local land office policy. Beware, this is common practice, irrespective if they are dealing with foreigners or Thais. Paying tea money should only give you a sort of VIP treatment and quick and smooth service. It is not that they turn a blind eye to anything illegal or unlawful.

Note 2: before you turn up at the local land office, some local land offices in Thailand have a standard policy to reject any custom drafted usufruct as they see it as an attempt to circumvent the law prohibiting foreign land management/ ownerhip and/or only accept their own standard template 1 page Thai usufruct contract, or sometimes objections are made by officials are simply a result of not paying some tea money. Some office in tourist ares require a larger sum of tea money (we have heard of amounts of up to 10,000 baht in Hua-Hin). This usufruct template is in compliance with Thai law and should be accepted.

Note 3: as this usufruct is given without value or consideration the registration fees are minimal (100 baht + some other small amounts not exceeding a few hundred baht). If money is paid to the owner for the right of usufruct the registration fees are 1,1 % over the total value paid for the usufruct.

Note 4: the usufruct must be registered over an unencumbered property with access and with a full legal land title deed. The property should not be under mortgage. If the property is transferred to the current owner under a right of redemption (as sometimes happens if a property is transferred (gifted) between family members) this could affect the validity of the usufruct agreement and enforceability if the land must be given back to the previous owner.

Note 5: usufruct is less suitable if the property to be placed under usufruct is undeveloped land with the intention to build a house upon the land. In this case a right of superficies could also be established. We recommend usufruct for land and house in Thailand and primarily between spouses or in similar relationships.

Note 6: the usufruct is only valid and enforceable upon registration on the land title deed by the local land office.

• http://www.samuiforsale.com/real-rights/usufruct-property-rights.html
• http://www.samuiforsale.com/other-miscellaneous/usufruct-agreement-sample.html#1
• http://www.samuiforsale.com/knowledge/thailand-land-title-deeds.html
• http://www.samuiforsale.com/item/land-acquisition-thai-national-married-to-a-foreigner.html?category_id=1