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Usufruct is the right to use or occupy another person’s real property for one’s life or up to 30 years under sections 1417 1428 of the Civil and Commercial Code. The right of usufruct is not complete unless registered with the Thailand land department. Established and recorded in the official land registry of the local land office for a fixed term or for the life of the usufructuary, the usufruct exists as long as the usufructuary is alive. After his or her death the real estate property reverts back to the owner. A usufruct is often given to a family member such as a foreign spouse with the intention that a foreign spouse is protected in the event of death of the Thai spouse (registered owner). The usufruct gives the right to the foreign spouse to remain in the property upon the death of his or her Thai spouse.
In wanting to evade payment of legal fees, many resort to purchasing these “services” via online legal providers. Contracts and agreements are paid by templates and parties are merely required to fill-in their particulars to complete the instrument. This has proven to be enticing to many, the forethought of savings being their greatest consideration. However, consequences are realized much later, when unexpected twists surface and unpleasant results unfold. In the end, parties are left with no choice but to redo what has been done before, or to go to court for an unpleasant legal battle. This of course, translates to more expenses which should have been avoided from the beginning.
Note that work under the Foreign Employment Act is described very broadly, i.e. working by exercising one’s physical energy or employing one’s knowledge, whether or not for wages or other benefits. The law does NOT define work as doing something in return for financial or any other reward. Working without a valid work permit leads to fines, possible imprisonment and deportation out of Thailand. To be able to legally work in Thailand the foreigner must have a valid visa and a work permit issued in his name. Secondly, foreigners are only allowed to perform work that does not violate the Alien Employment Act (i.e.not engage in work prohibited for foreigners). What the foreigner is allowed to do and where under his work permit is described in the work permit. For example, foreigners working for 2 different companies doing the same work, must have 2 work permits, one for each company.
Only a foreigner who qualifies under section 96 bis of the Land Code Act may own up to 1600 square meters (or 1 rai) of land for residential purposes in specified areas. Foreign land ownership under section 96 bis among other requires an investment of not less than 40 million Baht in by the BOI approved Thai bonds and assets which must be beneficial to Thai economy and requires approval by the Minister of Interior. If granted foreign land ownership under this exemption is limited to the life of the person granted the right to own the land (not transferable, not inheritable). Permission for foreign land ownership under section 96 bis Land Code Act is rarely applied for or granted. We have helped a growing number of clients find the right lawyer for their specific case in Thailand. Using a lawyer requires both trust and reliability. That is why the lawyers in our partner program undergo an admission process to ensure our network only consists of the best English-speaking lawyers in Thailand. Our extensive network of lawyers helps us find the ideal lawyers for your specific case. Read additional info at https://3lawyersthailand.com/.