This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.
Law
Law & article library
Laws
Real rights 6
- Law · official textCivil and Commercial Code - Right of HabitationA named person's personal right to live rent-free in another's house, for up to 30 years or for life. It cannot be transferred or inherited.
- Law · official textCivil and Commercial Code - MortgageMortgage (CCC s.702-746): a registered, non-possessory security on property. The lender gets priority, but on default it is a court-ordered public auction, not automatic ownership.
- Law · official textCivil and Commercial Code - ServitudeA registered right under which one plot is permanently burdened for a neighbouring plot (access, passage, utilities). The burden passes with the land.
- Law · official textCivil and Commercial Code - SuperficiesThe right to legally own a house or structures on land owned by someone else. The key lawful route for a foreigner to own a home without owning the land.
- Law · official textCivil and Commercial Code - UsufructA registrable right to use another's land or building and take its income for life or up to 30 years. A common way to protect a foreign spouse.
- Law · official textPower of Attorney for Land Office transactionsLand and condo deals can go through an attorney, but the Land Office accepts only its own POA form, properly witnessed and, if signed abroad, legalised at a Thai consulate.
Articles
- Article · plain wordsRight of Habitation in Thailand: What It Is and Who It SuitsThe right of habitation in Thailand under §§1402-1409 of the Civil and Commercial Code: rent-free, lifetime residential use with no right of transfer or inheritance. How it differs from usufruct and lease, and how it is registered.
- Article · plain wordsPower of Attorney for Land Transactions in Thailand: Form Tor.Dor.21 and How to Execute It CorrectlyHow to execute a power of attorney for the Thai Land Department: the official Form Tor.Dor.21, completion requirements, witnesses, execution abroad, and common mistakes.
- Article · plain wordsEasements and Right of Way in Thailand: How to Secure Lawful Access to Your PropertyWhat an easement is under Thai law (Sections 1387-1401 of the Civil and Commercial Code), how a registered right of way differs from a right of necessary passage, and how to verify access to a plot before purchasing.
- Article · plain wordsSuperficies in Thailand: how a foreigner can own a house on someone else's landSuperficies (CCC §1410-1416) allows a foreigner to legally own a house standing on Thai land, separately from the plot itself. This article covers terms, registration, the combination with a lease, and the associated risks.
- Article · plain wordsUsufruct in Thailand: Lifetime Right to Use Real PropertyUsufruct is a real right to use and enjoy another person's real property in Thailand for life. This article examines Civil and Commercial Code sections 1417-1428, the permitted term, registration at the Land Office, and the rights and restrictions involved.