Legal ownership of land and property in Thailand

Ownership of real estate by foreigners in Thailand is legally provided in at least three ways.

  1. Freehold
  2. Possession by a Thai company
  3. Leasehold (90 years)

1) Freehold – a way to register an apartment in a condominium or houses (such as buildings) to a citizen of a foreign state.

Only 49% of the total area of the whole condominium may be executed in the free ownership of a foreigner. Figuratively speaking, it makes 49 apartments out of 100

2) Possession by a Thai company – a way to register the possession of the land or other real estate sites in the name of a Thai company, one of the founders of which is a foreign buyer. The buyer is also appointed a Managing Director of the company in whose name the share of Thai representatives is drawn with guarantees of waiver management and refusal to receive dividends.

The combination of the first two methods – is the most popular way to register the estate when buying villas.

3) Leasehold – this way allows you ti hold and dispose the land or property, with the right to sell it to third parties on the basis of general power of attorney. A long term rental and general power of attorney is valid for 30 years, with the possibility of extension. During this period, the buyer has the right to sell the property without the landlord.

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