Note:
I am not an attorney and
all that follows is opinion. I strongly urge anyone who is planning
any substantial purchase in Thailand to seek @ competent
legal advice.
When expats, and future expats planning on moving to Thailand
ask about the cost of buying land, I quote them a simple rule.
You
Can Buy Land in Thailand, But You Can't Own 1 it.
Some expats try to beat the system. Sometimes it works, sometimes
not. Common methods include:
For many years, foreigners have been forming Thai companies
to buy land. The scheme involves using 51% proxy Thai shareholders
who don't know each other. An attorney holds an undated and
pre-signed agreement to transfer shares. That keeps the proxy
shareholders from taking pre-emptive action.
That approach has always been fundamentally illegal, since
the purpose of the company was to violate a law .. the Alien
Property Act. The Thai government and land offices just "looked
the other direction"
Recently, some rules have changed. A Thai company must
now have 60% or more Thai ownership and land departments are
reluctant to transfer the "chanod" (land title deed).
Then there are a few more problems with Thai companies.
While this document is a translation, long, difficult to
read and tedious, you owe it to yourself to begin to understand
the complexity of
real property ownership in Thailand
1 The definition of legal ownership that we are referencing.
"The right and interest which a man has in lands and chattels
to the exclusion of others. It is the right to enjoy and
to dispose of certain things in the most absolute manner
as he pleases, provided he makes no use of them prohibited
by law."