Superficies Thailand agreements for foreigners

Source: Thai Laws pertaining to the right of superficies

Quality right of superficies agreements in Thai and English drafted online by lawyers

SUPERFICIES Thailand or right of superficies in Thailand is a mainland Europe civil law real estate right. In France it is called 'droit de superficie', in Germany it is called 'Erbbaurecht' and in the Netherlands it is called 'recht van opstal'.

The principle of the right of superficies is in these countries the same; it grants the superficiarius (meaning the person who has built upon the soil of another and granted ownership under the right of superficies) the right to own buildings, structures or plantations upon land belonging to another person. Superficies separates ownership over the land and ownership over the building.

The right of superficies in Thailand is limited to a period of time of up to 30 years or for the life of the owner of the land or the life of the superficiarius. The right of superficies must be registered on the land title deed to be complete and enforceable.

A superficies can be registered as a separate right or as a supporting right (i.e. in combination with a land lease agreement). The person in the agreement granted the right of superficies obtains ownership over the building he builds upon the land, without obtaining or having ownership over the land.

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Thai law  Thailand Superficies Agreement  superficies  superficies contract