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10 minutes ago, Frode said:

How can they make it impossible for me to acess the land and house? There is acsess from goverment road and while I`m leasing it they have no right to build anything there

How big is her family

How many brothers does she have

This is not the west, where laws are strictly adhered to 

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8 minutes ago, Frode said:

If I`m leasing it,  then i have the right to use it as my own. What kind of monkeybuisness could they do to make my life miserable there?

Like I said before If all is well between you, your wife and her family There s never likely to be a problem but if your wife leaves you and divorces then her family may view you as an unwelcome guest on their land. Trees may start to disappear. fences broken, difficulty getting service and help from the villagers and so on. Although I am painting a pretty dismal picture there is equally every likelihood that all will be well and you will have a happy and stress free life but enter this phase with your eyes open and make sure you have an emergency exit should it ever be needed.

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2 minutes ago, Muhendis said:

Like I said before If all is well between you, your wife and her family There s never likely to be a problem but if your wife leaves you and divorces then her family may view you as an unwelcome guest on their land. Trees may start to disappear. fences broken, difficulty getting service and help from the villagers and so on. Although I am painting a pretty dismal picture there is equally every likelihood that all will be well and you will have a happy and stress free life but enter this phase with your eyes open and make sure you have an emergency exit should it ever be needed.

Thats my aproch to it. If everything goes wrong, I have other places to go. I dont need to sleep under the bridge and eat grass to be able to stay alive...

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Since everybody here (wisely enough) is sceptical to the lease agreement it would be interesting to know how yourself have solved this issues. I presume many of you already live in Thailand.  How have you arranged ownership of your land/house? 

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Should I consider starting a company and buy the land back from her? Would that be a better solution?

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4 hours ago, quandow said:

You REALLY have to ask? OP is thinking with the wrong head . . .

 

Been in Thailand 14 years, heard so many similar stories (as have we all), NONE of them ending well.

Cmon.......this one is different !

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5 hours ago, TEFLKrabi said:

Yep. If you lease the land you get 30 years but usufruct is for life.

Can you have both a lease and a usufruct at the same time on the same piece of land ?

 

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Posted (edited)
2 hours ago, Frode said:

So what you say is that the lease should be signed when married? 

 

Btw, We are not building in her village. Her closest relative lives 1,5 hour away and she also have no connection to the place we are going to build.

 

Its dangerous to cross the road but most people do it from time to time anyway... 

 

Sometimes one gotta take a chance but always keep a back -up solution..

If you sign a lease when married then upon divorce lease is not good and void. For lease to be valid after a divorce the lease must have been entered into when you are single and not married. Important distinction. If your GF says we will do lease after marriage then that is a bad sign for you. I agree that adults gets to make their own choices and life is risk versus reward. It may work out great for you. 

Edited by Wake Up
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23 hours ago, Frode said:

If I understand you right, all i have to do is to go to the landoffice and get a usufruct, pay 180 bath and I can use the land for life?

It sounds to easy. In case its so, whats the catch?

No catch legally. But they can and do refuse it if they don't understand what it is, are unsure it is allowed or just got out of the wrong side of the bed.

A lawyer can help in those situations.

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9 hours ago, LukKrueng said:

while you can sell/transfer a lease, you can't do that with usufruct. Also, if you die during the period of the lease, the lease survives you and your heirs get it. usufruct dies with you.

If you include your heirs on the usufruct then they can also use the land for their life.

You can lease out the land all of it or a part with consecutive 3 year leases as long as you want.

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7 hours ago, TEFLKrabi said:

A usufruct gives you the right to live at an address for your lifetime. A good lawyer can draft it then you take it to the land office and register it. 

A usufruct is for the land. An address is only available if there is a house or houses on it. A good lawyer is not needed because you can fill in the document at the land office and pay a 180 baht fee.

A lawyer will come in handy if the land office has no clue what they are doing (which is often).

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3 hours ago, Frode said:

Are there any lease fees one have to pay? Or is it one the lease rent one agrees with the owner?

A usufruct is not a lease so.... No.

 

 

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2 hours ago, bangkoken said:

Keep something in mind. Any leases signed between you and your girlfriend MUST be filed with The Land Office of jurisdiction at the same time of the property transfer from the former owner to your girlfriend. You cannot add leasing agreements once the transfer has been completed.

This is wrong information.

She can add a lease any time she wants. She owns the land so it is her decision when, how and for how much.

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2 hours ago, Frode said:

Should I consider starting a company and buy the land back from her? Would that be a better solution?

No, that would be the worst.

Unless you are going to run a real business, but then it is not a question but a necessity.

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BANGKOK 16 July 2018 15:40
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