think_too_mut Posted July 5, 2003 Report Share Posted July 5, 2003 An american friend has been told that americans can actually own up to one rai of land. This was supposedly part of and agreement between America and Thailand during the Vietnam War. Has anyone ever heard of this? Link to comment Share on other sites More sharing options...
StoneSoup Posted July 8, 2003 Report Share Posted July 8, 2003 Since no onre has touched this one, I;ll at least give my two satang: No one except Thais or Thai majority owned companies can own land - that is, the dirt. Period. 'Never been an exception. US Amity Treaty companies are specifically barred from owning land. What is allowed is purchase of a condominium - you get a tambien bahn listing you as the owner - freeto sell the unit, if you so choose. But only Thai's can own thre property under the building. The above is my understanding. I am not a Thai lawyer, nor am I a land specialist. 'Hope that helps. StoneSoup Link to comment Share on other sites More sharing options...
Guest Posted July 8, 2003 Report Share Posted July 8, 2003 Talking to a lawyer on another forum that said "there is no law that says foreigners can not buy land".It is the policy of the gov't to not do the land transfer for a foreigner. Also,more related to my situation,he said that "there is no law that says the father must sign for a child to get a passport".But the passport people will not issue the passport without the fathers signature. He says that the only thing you can do is take them to court to make them follows the laws.But it could be expensive and a long drag out affair.The courts can take one persons testimony one day and anothers next month.It is not like western court systems where the trial is held on consecutive days until finnished.THAILAND!!!! bEST rEGARDS,sTAN Link to comment Share on other sites More sharing options...
Guest Posted July 8, 2003 Report Share Posted July 8, 2003 "Talking to a lawyer on another forum that said "there is no law that says foreigners can not buy land".It is the policy of the gov't to not do the land transfer for a foreigner" Translation: Sure, you can buy land you just can't own it (no title). Seems quite clear. "He says that the only thing you can do is take them to court to make them follows the laws" If it were possible for a Farang to go to court over the right to have title to land, it would have been done many times by now. Surprised I've never heard of anyone attempting this much less being successful but then it could be the best kept secret in Thailand. There actually was a law passed a few years ago where a Farang can own up to one rai of land for a home compound providing he invest 40 million baht in a company with X amount of Thai employees. I'm really vague on the actual facts because the conditions imposed would only apply to a very select group of people so I never paid much attention to it. Link to comment Share on other sites More sharing options...
gummigut Posted July 8, 2003 Report Share Posted July 8, 2003 I find it curious that "there is no law that says foreigners can not buy land" especially as it's in treaty language and in gov't regulations. Then again, there's lots of weird stuff here. If someone wants to spend a gadjillion dollars and setup some manufacturing concern or something they can get special dispensation to own land but it's just easier to partner up with a local firm or setup a local firm structured properly. <<burp>> Link to comment Share on other sites More sharing options...
StoneSoup Posted July 8, 2003 Report Share Posted July 8, 2003 I think you (and your lawyer adviser) were applying western thinking. "There is no law against ..." does not apply in Thailand. In Thailand, everything is illegal unless there is a law/procedure specifying that something is allowed. If the law says that to purchase land, you must present your Thai ID card and tambien bahn, then a non-Thai cannot buy land. This is not a law against foreigners per se - it is simply a procedure that you cannot complete if you are not a Thai. As to the comments about the idea of "a special provision was announced several years ago" - I have learned that these are often farcical announcements. The Ministry of Commerce will announce some new program to stimulate investment, granting foreign investors various privileges. It will make the Commerce Minister look good - proactive and all. The trouble is that he will not have worked out the details with the Labor Ministry, or the Interior Ministry (police) - and all the Minsteries are vicious infighters who compete for power. So - when you try to obtain privileges as per the announcement, the worker bees at the other ministries simply look bewildered, and tell you that you must follow their established procedures - or go away. This is Thailand. SS Link to comment Share on other sites More sharing options...
think_too_mut Posted July 9, 2003 Author Report Share Posted July 9, 2003 >The above is my understanding. I am not a Thai lawyer, nor am I a land specialist. The thing is - a lawyer in Phuket told him about a legal way (thanks to that "exception" for American citizens) to own 1 rai of land. My friend will be coming online soon (I registered him yesterday as "DuckMan") and he may give more details. To me, it just sounded as a con or must be some black magic the rest of us have no idea about. StoneSoup's estimate on how many farangs live here (in another thread) simply makes sure that in such large numbers no such thing as a legal way to own land could go unnoticed. Link to comment Share on other sites More sharing options...
StoneSoup Posted July 9, 2003 Report Share Posted July 9, 2003 Just a disclosure - my numbers were just my own personal guesstimate. I have learned to not be afraid to take my best shot - in the absence of anyone else's figures. I have one time reviewed an English-language translation of the original 19th century Treaty of Amity and Friendship,and at least one of the 20th century revisions - I don't recall any mention of personal privileges, separate from business concerns. But - the treaty was very convoluted, with many sing-song paragraphs and categories. What would certainly convince me would be a farang listed as land owner on a chanot certificate - and I've never heard of this. The closest I've heard of is farang condominium owners being designated as head of household on a red-colored tambien bahn - but this does not convey ownership of the dirt under the dwelling. Cheers! SS Link to comment Share on other sites More sharing options...
pe7e Posted July 9, 2003 Report Share Posted July 9, 2003 He may be confusing it with this legeslation First, some background. Before the Land Law was passed in 1998, foreigners could not buy residential land at all. The law was changed in the hope that Thai developers would be able to get rid of a huge oversupply of housing property in the wake of the 1997 East Asian economic crisis. It was thought there would be a mad rush to buy Thai property. It did not happen. So far, no foreigner has bought land under the new Land Law. The Department of Lands has received a few inquiries, nothing more. Indeed, they are a bit disappointed at the response. What appears to have put off foreign buyers is the condition that they bring in 40 million baht (S$1.64 million) in the form of investments, and only after this requirement is fulfilled can they buy land - but not more than 1 rai (1,600 square metres). They are additionally discouraged at having to park money in Thailand for five years in the form of purchases of Thai government bonds, bonds of the Bank of Thailand, or bonds of state enterprises and the Ministry of Finance. Link to comment Share on other sites More sharing options...
Yehtmae Posted July 10, 2003 Report Share Posted July 10, 2003 Two words: 'horizontal condominium' It can be done, just get a large plot of land, bought through a holding company. build a low lying building split into several seperate dwellings on it (minimum would be about 10 units I was told). If it is 10 individual units, then 40% (i.e. 4) of those can be owned outright by foreigners (or even all 4 by 1 foreigner). The remaining units must be Thai owned, or even unsold - retained by the managing company which built the property. Complex, but possible. Link to comment Share on other sites More sharing options...
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