Many people have questions about the different sorts of property rights according to the Thai Civil Code. These articles will tell you about property real rights and personal rights.
“Real Rights” are a right that a person has over immovable property. Rights attach to a thing rather than a person. Real property rights must be registered against the title deed of the property. Some common real rights are:
Charge On Immovable Property
Section 1429 of the Civil Code states: “An immovable property may be subjected to a charge entitling the beneficiary to a periodical performance out of such property or to a specified use and enjoyment thereof”.
Charge on Immovable Property is a real right which entitles the beneficiary to use and enjoy the benefits of a property and to maintain and use a property at their own expense. The land owner may share the cost of maintaining property. This right cannot add more burden (liabilities) to property and is non-transferable.
Period: Maximum 30 years or lifetime of a beneficiary
How to Register
The owner and the beneficiary make a contract and register their rights at the land office where the land is located. Both parties agree on the amount of compensation.
If there is no compensation, the fee would be 50 baht per plot of land plus some miscellaneous fees charged by the Land Deparment.
If the compensation being paid on the land, the government fee of 1% of total compensation and some miscellaneous fee will be imposed by the Land Department.
Documents Needed:
- Original Title Deed of the land;
- ID.Card and House Registration of both parties;
- Any Name Change, Surname Change or Marriage Certificate (if any)
Sample of Memorandum by Land Office
