Anyone recommend a decent conveyancing solicitor??

[buksida]

[The understudy]

[quote="Nomad"]As everyone is aware, Palm hills went broke 5 or 6 years ago and has been revieved. What would happen if you leased from a co. that went bankrupt? I am very suspect of leasing from any co., agency ,etc. other than individuals. The chances of renewing every 5 or 10 years is slight unless the leaseee is under duress. There is no such thing as 30 and 30 and 30 year lease that is legal.[/quote]

Ahh Nomad you are very right with that Statement that Palm Hills went broke by 5 or 6 years ago. I was still a Student @ the University closely affiliated with Palm Hills amd which was way inside it as well.
We Studente felt the effects of the BAnkruptcy as Well.
A relavant sceme would e to lease every three years to keep uncertainties @ a minimum. With 5, 10, or more years pf lease you are @ risk of uncertainties beyond your comtrol so better keep the lease agreemants between 3 to 5 years at best.

[norm]

I was under the impression that once you registered a lease (30 years) with the land department that lease would have to be honored even if the land changes hands. Is that incorrect?

[Beguine]

[quote="Nereus"][quote="Beguine"]Norm, since my last visit here I have been doing more research on usufruct vs lease and the two main advantages seem to be: 1) a usufruct can be for the life of the usufructary, not limited to 30 years; 2) you have an absolute right to reassign by letting the land to some one else. If you die during the course of the lease you have assigned, the owner has to honour the rest of the lease. Apparently a couple can have a usufruct agreement which runs until both pass away. This doesn't do much for passing an asset on to your heirs but should give more security that some one would not be kicked out in their 80s when a 30 year lease might have expired. PM me if you want the name of a firm that has been doing these agreements. If going for a 30 year lease, I would agree with JW that noting a further option to renew for 30 years would be worth doing, if the Lands Dept official will allow it. But under current law it is not enforceable as a court will only accept an actual registration of a lease at the Lands Dept as evidence of default by the owner. The craze of selling villas to farangs started less than 30 years ago, so none of these options to renew have been put to the test. Hopefully things will improve in the next 30 years and I expect that some form of longer lease will eventually be allowed. 50 years is already allowed for commercial or industrial property. BTW since I think you said you were going to build a house, you can register ownership of the house and get a house registration book, if the developer is willing to apply for the building permit in your name and you have a long lease or a usufruct on the land. If you are retired here a house registration certificate is very useful for buying cars, opening bank accounts and many things as it puts you in the same league as a permanent resident. The only foreigners who can get them are permanent residents, owners of condos and owners of houses.[/quote]


I was speaking with my lawyer in Bangkok today on another matter, and asked him about [b]usufruct[/b]. He was adamant that the land dept will no longer register one of these contracts. He is an assistant professor of law and at one time used to recommend these contracts, so I tend to believe him.
Now, this may only apply to Bangkok Metro area, I did not ask him, but he does do work regularly in Phuket, so I think he would have said if that was the case.
Maybe the best way to be sure would be for somebody to go to the land office in Hua Hin and ask them.

He also claims that, providing a lease is drawn up correctly, that farangs have the full backing of the law and should not be concerned about problems in the future.

The only problem I have with that is; it is THAI law we are talking about!

Hope the above is of some use to somebody.
[/quote][quote][size=9][/size]

I have talked to a lawyer who has registered several lifetime usufructs recently. I think some were in Pattaya. I don't know if any were in Bangkok. Phuket or Hua Hin. He did say that some Land Offices will refuse to register them.[/quote]

[Beguine]

[size=7][quote="norm"][size=7]I was under the impression that once you registered a lease (30 years) with the land department that lease would have to be honored even if the land changes hands. Is that incorrect?[/[/size]quote][code][/size]

It is an agreement between two parties. If the original lessor is no longer around, it is going to be harder to bind the new owner to the agreement. To put this in perspective you have to bear in mind that the original lessor can sometimes have part or all of a lease or other type of contract annulled by a court on the grounds that it was unfair and that one of the parties was under undue pressure to sign. (See recent case where the Supreme Court overturned B6 billion damages case by a foreign led consortium against the Expressways Authority of Thailand on the grounds that the Director General of the ETA had acted illegally in signing the contract because he had "failed to consider fully the interests of the Thai people".) In developed countries long leaseholds have been accepted as a legal form of ownership with copious statutory law and precedents to protect rights of lessees and rights to renew the lease or buy the freehold. This body of law does not exist in Thailand where a long lease is not particularly long and is not regarded as a form of ownership. If you end up as plaintiff in a local court against a Thai owner of your land with money and connections, it doesn't matter how strong your case appears. You will lose and possibly be charged with a trumped up crime yourself in retaliation. Thailand doesn't have a proper justice system and foreigners rank at the bottom of food chain along with poor Thais without connections.[/code]

[sargeant]

Burgher i am going to throw in a small Guess her this mortgage for falangs thingy

When mrs sarge got hers she had to show SHE had an income to support the mortgage MY income was not taken into account however the guy did say that the banks were at that time looking into taking into account a falang husbands finances I havent heard anything since but that could be a small move in the right direction
_________________
A Greatfull Guest of Thailand

[Burger]

sargeant wrote:

[lomuamart]

[quote="Beguine"]

norm wrote:

[size=7]I was under the impression that once you registered a lease (30 years) with the land department that lease would have to be honored even if the land changes hands. Is that incorrect?[/quote] Code: [/size] It is an agreement between two parties.  If the original lessor is no longer around, it is going to be harder to bind the new owner to the agreement.  To put this in perspective you have to bear in mind that the original  lessor can sometimes have part or all of a lease or other type of contract annulled by a court on the grounds that it was unfair and that one of the parties was under undue pressure to sign.  (See recent case where the Supreme Court overturned B6 billion damages case by a foreign led consortium against the Expressways Authority of Thailand on the grounds that the Director General of the ETA had acted illegally in signing the contract because he had "failed to consider fully the interests of the Thai people".)  In developed countries long leaseholds have been accepted as a legal form of ownership with copious statutory law and precedents to protect rights of lessees and rights to renew the lease or buy the freehold.  This body of law does not exist in Thailand where a long lease is not particularly long and is not regarded as a form of ownership.  If you end up as plaintiff in a local court against a Thai owner of your land with money and connections, it doesn't matter how strong your case appears.  You will lose and possibly be charged with a trumped up crime yourself in retaliation.  Thailand doesn't have a proper justice system and foreigners rank at the bottom of food chain along with poor Thais without connections.

I thought a contract depended on offer, accepance and consideration.
Then again, I could just be living here.
_________________
"I spent a lot of my money on booze, birds and fast cars - the rest I just squandered". George Best.

[dane48]

[sargeant]

Burgher what is it with you i was agreeing with you for christs sake i have heard the same that the banks were looking into mortgages for falangs
I was making the point that just taking a falangs finances into the mix would mean that it would become even easier for someone to get a mortgage in his wifes name and would be a small step down the road to outright mortgages for farangs
You seem to have a real downer on guys buying in their partners name does it effect your profits/commission or something because i just dont understand it
however thanks for the HALF answer to the identical question i posted which Buksida posted Now please concentrate hard how much do you have to pay the chanote holder to renew the lease and if you have difficulty ask Beguine
Lastly JW did put estate agent and thus declared his vested interest ONCE what is the chance that ALL posters declare their vested interests like Dr Dave (vespa) Terry (Fishing) Dawn (HHDRC) Tuk Tuk Mike (Tuk Tuks)

Estate agents DO NOT TELL LIES they just dont tell it all

Not mine im afraid got it of another website
_________________
A Greatfull Guest of Thailand

[Wanderlust]

All I have to say is
'Thuffering thuccotash'.

P.S. It must be the bird droppings in the bottom of sarge's cage that are causing the smell I think, Burger.

"I tought I saw a pussy cat a-cweeping up on me..."

[Guess]

Well twiddle me nipple nuts and send to Bournemouth in a Tuk Tuk.
Four friggin pages and not on single friggin name of a conveyancing solicitor.

I think I'll put my quick question on Quantum Mechanics in relation to Einstein's Theory of Evolution on hold for now.
_________________
Remember. A turkey is for life not just for Christmas

[Digger]

Sarge, you are mad, I dont understand a word you say and you smell.

Burger
You are quite correct in your assumption but he has made 617 posts since sept 2006 and though most were complete drivel he did actually occasionaly surprise me and remember no posts no website so try to endure him,as a former soldier too i always enjoyed the company of RE and ACC as pretty sound blokes..However 4 years was enough for me even though I had to do D by P as you could not give notice in my time

[Wanderlust]

[Nomad]

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