Thai Usufruct Contract for Foreigners

Source: Thai Laws pertaining to usufruct agreements

Quality usufruct contracts in Thai and English

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What is usufruct in Thailand

Usufruct contract means and refers to the agreement and the right to use or occupy another's real property for one's life or up to 30 years. A right of usufruct in Thailand gives the right to use and manage a real estate property during a persons life time. The right of usufruct of the the real estate property exists so long as the usufructuary (the holder of the usufruct right) is alive. After his or her death the real estate property reverts back to the owner. Often a usufruct is given to a family member such as a foreign spouse as a gift with the idea that a foreign spouse is protected in the event of death of the Thai spouse (owner) who then can remain in the property upon the death of the owner, his spouse.

Usufruct does not give the title to the property and the person granted the right of usufruct cannot sell the property under usufruct. The right of usufruct cannot be sold and is also not transferable by inheritance.

Usufruct Registration

The usufruct interest in the real property in Thailand must be recorded in the official land registry of the local land office. By registering the usufruct agreement the public is put on notice of the recorded usufruct burden on the land and therefore is enforceable against any third parties such as a successor of the property.