Many people have questions about the different sorts of property rights according to the Thai Civil Code. Hence I have created this chart to make it clear what type of rights suit the parties.
| Type | Right of Habitation | Superficies | Usufruct | Charge on Immovable Property | Lease |
|---|---|---|---|---|---|
| Description | A real right on a property | A real right on a property | A real right on a property | A real right on a property | A personal right over property which binds the heirs, successors and assigns of both parties |
| Creation of Rights | Made in writing and registered it by the competent official | Made in writing and registered by the competent official | Made in writing and registered by the competent official | Made in writing and registered by the competent official | If a lease is over 3 years, a contract is made in writing and registered by the competent official |
| Parties | Land owner and grantee | Land owner and Superficiary | Land owner and Usufructuary | Land owner and a beneficiary | Land owner or Possessor (Landlord) and a tenant |
| Period | Maximum 30 years and renewable or lifetime of a grantee | Maximum 30 years and renewable or lifetime of a Superficiary | Maximum 30 years and renewable or lifetime of a Usufructuary | Maximum 30 years and renewable or lifetime of a Beneficiary | Maximum 30 years and renewable or lifetime of the lessee or lessor |
| Rights, Duties and Liabilities | 1. To dwell without paying rent 2. A grantee must maintain the property at their own expense 3. Not transferable even by way of ineritance | 1. Right to own all buildings on the land 2. Set a rent fee 3. Transferable or transmissible by way of inheritance | 1. Right to possess, use and enjoy the benefit of a property 2. Right is transferable | 1. A beneficiary has the right to use and enjoy the benefits of a property 2. Right to maintain and use a property at their own cost. Land owner shall share a cost for his own use of the property 3.Cannot add more burden to property 4. Right is transferable. | 1. Duty to maintain the property 2. The landlord can inspect the property 3. Death of tenant shall extinguish the lease unless otherwise agreed. |
Now you can see the differences among those aforementioned rights. You can now decide what is your true intention is and make a decision that is right for you.