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:
Right of Habitation
Section 1402 of the Civil Code states: “A person who has been granted a right of habitation in a building is entitled to occupy such building as a dwelling place without paying rent.”
The RIGHT OF HABITATION is a real right which gives the grantee the right to dwell without paying rent. A grantee must maintain the property at their own expense. The right is not transferable even by way of inheritance.
Period: Maximum 30 years or the lifetime of a grantee, whichever is less.
How to Register
The owner and the grantee make a contract and register their rights at the land office where the land is located. The government fee would be 50 baht per plot of land plus some miscellaneous fees.
Documents Needed:
- Original Document of Chanotte.
- ID.Card and House Registration of both parties
- Any Name Change, Surname Change or Marriage Certificate (if any)
Sample of Memorandum by Land Office
