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:
Lease
A lease is a personal right. Personal rights are those which a person has in relation to duties owed to him by others. A lease binds the parties, their heirs and successors. The lessor has the right to inspect the property. The death of the lessee shall extinguish the lease unless otherwise agreed.
Period: Maximum 30 years or lifetime of a landlord or tenant.
How to Register
If a lease is over 3 years, the land owner and the tenant are required to register the lease at the Land Office. The land owner and the tenant make a contract and register their rights at the land office where the land is located. Both parties agree on the amount and payment of rent.
A tax of 1% of the total rent throughout the term of the lease will be charged. There may also be some miscellaneous fees charged by the land office.
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
