Posted 2010-02-03 11:34:30
 thaiozy, on 2010-01-22 10:17:21, said:
Well here`s my story
I got my Usufrut through Issaan Lawyers ( not Sebastian himself because he doesn`t handle that side),
Wasn`t married & on tourist visa
Everything done - Signed stamped & sealed in 2 hrs & in triplicate (1 held by Amphur & the others for us) COST - 15,000 bht (may have changed by now)
But in my case I only have my wife & son
AND yes i was told by all parties that i DO NOT own the land EVEN THOUGH i am on the titles (due to the Usufrut ) inwhich i was advised it is there for 30 years for my protection (still valid after marriage ) in having complete control over the property as to wether or not your wife still owns it ( ie she sells it )
A Usufrut also implies that since you control the land you can improve that peice of land but not degrade it ( ie build house - so house yours not land )
the house is only yours with a superficie. with a usufruct it belongs to the grantor of the usufruct
caf
Posted 2010-02-03 12:59:19
caf, on 2010-02-03 11:28:58, said: oracle, on 2010-01-20 07:46:26, said: Khun Jean, on 2010-01-20 02:30:00, said: Oracle, you should shut up because it is clear you know nothing. Please refrain from parroting what you have heard from a few lawyers and developers who have vested interests. (Are you one of those?)
There is no such thing as a prepaid 90 year lease. Period!
The usufruct is the only way when you are not doing business to protect your right to stay for longer than 30 years. As such it is better than a lease. Also you don't have to pay rent which is convenient because then the owner not have to pay taxes. And yes even lease it to your children or someone else for that matter.
It will never ever be your property, the best you can get is the right to use it.
You are the extreme other side of an unscrupulous real estate seller KJ and the funny thing is you may even do them a favor! More and more you see 90 year lease offered by developers excluding all liabilities in case it's not renewed after 30 years, while a correctly set up 90 year lease, of course it does not offer a 90 year lease, but does offer quite some additional right that you don't have in a 30 year lease and the 90 year lease could give you a pretty good case in court for renewal or right to freehold after 30 years. Now a lot of developers are assured of a good bonus after 30 years because of your negative talk about the companies and 90 year leases. On behalf of many developers great thanks KJ for making it more profitable for us 
Ah so you are a developer? Vested interested so advice clearl;y biased.
for making it more profitable for us
caf
Don’t try to be so smart caf. If I had an interest in this matter I would be happy with anything that sells, usufruct would be perfect for me as it would all come back to me. By the way the 90 year lease does exist, it’s signed on a daily basis in Thailand, and even you see the 120 year leases at the moment. It has nothing to do with the term of 90 years or 120. Upon full payment for the lease you obtain the right to freehold ownership, like a hire purchase. This is not void or voidable according to the supreme court because foreigners are not absolutely prohibited from owning land in Thailand (BOI). This means if you go to court you will get your rights, only you will be ordered to sell, this only in case your renewal is not granted.
I get better advice in a bar than what said on TV at the moment by members about usufructs and superficies and 90 year leases
Posted 2010-02-03 13:38:25
oracle, on 2010-02-03 12:59:19, said: caf, on 2010-02-03 11:28:58, said: oracle, on 2010-01-20 07:46:26, said: Khun Jean, on 2010-01-20 02:30:00, said: Oracle, you should shut up because it is clear you know nothing. Please refrain from parroting what you have heard from a few lawyers and developers who have vested interests. (Are you one of those?)
There is no such thing as a prepaid 90 year lease. Period!
The usufruct is the only way when you are not doing business to protect your right to stay for longer than 30 years. As such it is better than a lease. Also you don't have to pay rent which is convenient because then the owner not have to pay taxes. And yes even lease it to your children or someone else for that matter.
It will never ever be your property, the best you can get is the right to use it.
You are the extreme other side of an unscrupulous real estate seller KJ and the funny thing is you may even do them a favor! More and more you see 90 year lease offered by developers excluding all liabilities in case it's not renewed after 30 years, while a correctly set up 90 year lease, of course it does not offer a 90 year lease, but does offer quite some additional right that you don't have in a 30 year lease and the 90 year lease could give you a pretty good case in court for renewal or right to freehold after 30 years. Now a lot of developers are assured of a good bonus after 30 years because of your negative talk about the companies and 90 year leases. On behalf of many developers great thanks KJ for making it more profitable for us
Ah so you are a developer? Vested interested so advice clearl;y biased.
for making it more profitable for us
caf
Don't try to be so smart caf. If I had an interest in this matter I would be happy with anything that sells, usufruct would be perfect for me as it would all come back to me. By the way the 90 year lease does exist, it's signed on a daily basis in Thailand, and even you see the 120 year leases at the moment. It has nothing to do with the term of 90 years or 120. Upon full payment for the lease you obtain the right to freehold ownership, like a hire purchase. This is not void or voidable according to the supreme court because foreigners are not absolutely prohibited from owning land in Thailand (BOI). This means if you go to court you will get your rights, only you will be ordered to sell, this only in case your renewal is not granted.
I get better advice in a bar than what said on TV at the moment by members about usufructs and superficies and 90 year leases
I am not trying to be smart. I reported your own words. " On behalf of many developers great thanks KJ for making it more profitable for us"
Your trolling posts have been highlighted on TV in this thread and others. 90 day leases are not signed everyday inThailand and there are few people who can take advantage of the BOI concession for owning land here.
A 30 year lease can be extended on up to two occasions as fresh leases but that is not guaranteed in the original lease or elsewhere and there is an argument that providing for a 90m term lease could be seen as attempting to avoid the law on foreign ownership. And remember Thai judges have a great deal of discretion in interpreting the law. There is no law of equity in Thailand.
Your comment that you get all your legal advice from a bar is noted. Do we know her? 
caf
Posted 2010-02-03 17:47:48
caf, on 2010-02-03 13:38:25, said: [/b]Your comment that you get all your legal advice from a bar is noted. Do we know her?
caf
Maybe I should explain my real name is not oracle and what I said in a previous post to KJ was worded only to achieve a particular effect, as was the latest post. It’s not really that I get legal advice in bars. For the 90 year lease I'm sure TV member who are or have been interested in government licensed and government approved housing or condo developments can confirm that leasehold sales structures are still offered as a 90 year or 120 year leasehold with option to freehold, and these contracts are again also government approved contracts. Only if you buy from these know it all private individuals, especially the ones with Thai GF or spouse you see these usufruct or superficies contracts, which in the end only benefit them.
Posted 2010-02-03 18:36:27
oracle, on 2010-02-03 17:47:48, said: caf, on 2010-02-03 13:38:25, said: [/b]Your comment that you get all your legal advice from a bar is noted. Do we know her?
caf
Maybe I should explain my real name is not oracle and what I said in a previous post to KJ was worded only to achieve a particular effect, as was the latest post. It's not really that I get legal advice in bars. For the 90 year lease I'm sure TV member who are or have been interested in government licensed and government approved housing or condo developments can confirm that leasehold sales structures are still offered as a 90 year or 120 year leasehold with option to freehold, and these contracts are again also government approved contracts. Only if you buy from these know it all private individuals, especially the ones with Thai GF or spouse you see these usufruct or superficies contracts, which in the end only benefit them.
Can you quote where in the civil and commercial code you get that information. That will end the speculation won't it?
caf
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