Contracts: usufruct, superficies, habitation, servitude
Real rights (as opposed to contractual rights) in Thailand are property rights attached to a property rather than a person. The real rights of usufruct, superficies, habitation and servitude have 'droit de suite', meaning if the property is transferred (e.g. through inheritance, due to bankruptcy of the owner or sale) these rights follow the property and remain in full force against the new owner and any other third party. The second principle of these rights is called 'droit de priorite', if several real rights are recorded on the same property the older right has priority above the newer right. The owner of the older right can ignore the newer right. No real right is complete (enforceable) unless the juristic act is made in writing and registered by the competent official.
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The right of usufruct in Thailand refers to the contractual rights granted under the Civil and Commercial Code sections 1417 to 1434, whereby the owner of an immovable property (condominium, land and/or house) grants to another person for a limited period of time the right of possession, use and enjoyment, management and benefits the property may produce. Some describe the right of usufruct as a form of temporary ownership or a 'life estate'.
The right of usufruct is an immovable property right and can be obtained by legal agreement with the owner of the property. The right of usufruct contract must be in writing and registered on the title deed at the local land office to be complete and enforceable. The Thai script version of the usufruct contract will be recorded in the official registers of the land office and noted on the backside of the land title deed copy of the owner. Usufruct follows the freehold title of the land and is not expired on transfer of the land (e.g. at death of the real owner of the land). The right of usufruct can be granted for a period of time, up to 30 years, or for the duration of a person or persons' life. Usufruct is a right granted to a specific person or persons, and in any case comes to an end at the death of the person or last person granted the right of usufruct.
Resources:Our service and prices: We deliver professional contracts for usufruct in Thai and English ready for registration. Our documents are offered as a traditional lawyer service or as an online legal service with a DIY registration (free email and phone support).
Online usufruct contract service - our price 5,800 THB | Traditional lawyer usufruct service - pricing from 14,800 THB |
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The Right of Superficies is a transferable and inheritable interest in land to own or acquire buildings construction in, on or above the land owned by another for a specified term. The right of superficies separates ownership over the building and the land. The right of superficies can be registered as a separate right or in combination with a land lease. A right of superficies and land lease registered on the land title deed is the recommended structure to protect a long term land leasehold property investment in Thailand. We draft quality land leases, right of superficies and construction contracts in Thai and English.
The right of superficies can be obtained by agreement with the land owner and must similar to a usufruct be registered on the land title deed. As a registered right it follows the freehold title of the land and is enforceable against third parties and future (transferee) land owners. The right of superficies may be created either for a period of time up to 30-years, or for life of the owner of the land or the superficiary. If created for a period of time the right of superficies may be renewed upon expiration (Section 1412 Civil and Commercial Code).
The person granted the right of superficies has the right to transfer the right of superficies, and, if registered for a period of time, is transferable by way of inheritance.
Our service and prices for drafting of a contract for superficies in Thai and English and lawyer assistance at the land department, or as an online drafted contract in Thai and English with a DIY registration (free email support).
| Online superficies contract service - our price 5,800 THB | Traditional Lawyer Service - pricing from 14,800 THB |
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The right of habitation concerns only the right to dwell in a house. The grantee of the right of habitation does not pay rent to the grantor. If there is rental payment made, the matter becomes a Hire of Property. A right of habitation may be created for either a specific period of time or for the lifetime of the grantee. In case the rights are granted for a specific time period, the law states that such a period may not exceed 30 years; if a longer period is fixed, it shall be enforceable for only 30 years. The grant may be renewed for a period not exceeding 30 years from the time of renewal. Lastly, the right of habitation is not transferable by way of inheritance.
Resources:
Our service and prices for drafting of a contract in Thai and English granting the right of habitation and lawyer assistance at the land department, or drafting of a customized right of habitation in Thai and English with a do it yourself registration.
| Online habitation contract service - our price 3,800 THB | Traditional Lawyer Service - pricing starts at 13,400 THB |
Servitude contract
Servitude in the form of a 'right of way' is the Thai legal equivalent of an English easement. It is s a non-possessory interest in land. Servitude is governed by the Civil and Commercial code sections 1387 to 1401. Section 1387: 'An immovable property may be subject to a servitude by virtue of which the owner of such property is bound, for the benefit of another immovable property, to suffer certain act affecting his property or to refrain from exercising certain rights inherent in his ownership'. Servitude usually involves two or more separate properties/ plots of land, one of which is burdened and the other benefited by the servitude. The burdened parcel is called the servient property and the benefited parcel the dominant property.
Servitude in Thailand can involve several kinds of benefits and burdens, but usually it involves the use of neighboring well, the use of an access road over adjoining land plots, laying irrigation ditches, laying pipelines or utilities over neighboring plots, but it can also impose building restrictions on a neighboring land plot. A registered right of servitude as a right of way is an important right in case a plot of land is surrounded by other plots without direct access to a public road. In this case a right of servitude registered over adjoining plots guarantees uninterrupted access to dominant property.
Resources:
Our service and prices for drafting of a right of servitude contract and the necessary registration at the land department, or drafting of a right of servitude with a do it yourself registration.
| Online drafting service servitudes - our price from 3,800 THB | Traditional lawyer service - pricing from 13,400 THB |
Various juristic acts and rights concerning immovable properties must be in writing and in Thai script (with or without an English translation) and require registration by the competent authorities (i.e. the Land Department) to be complete and enforceable.
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The information about rights of usufruct, superficies, habitation and servitudes is made available to give you general information and a general understanding of these property rights in Thailand and is not intended to be comprehensive nor to provide specific legal advice. We cannot accept responsibility for any inaccuracies, incompleteness of information, errors or omissions in respect of information on our website. We offer a range of real estate legal services and contracts for developers, investors, private clients and property professionals. Our contracts are regularly modified and used and registered with Thai government departments in Thailand, protecting small and large real property investors in Thailand.
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