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:
Superficies
Section 1410 of Civil Code states: “The owner of a piece of land may create a right of superficies in favour of another person by giving him the right to own, upon or under the land, buildings, structures or plantations”.
Superficies is a real right consisting of a grant by a land owner of the right to own all buildings on a piece of land. The grant sets a rental fee and is transferable or transmissible by way of inheritance.
Period: Maximum 30 years or lifetime of an owner or a superficiary.
How to Register
The owner and the superficiary make a contract and register their rights at the land office where the land located. Both parties must agree on how much the compensation is.
If there is no compensation, the fees would be 50 baht per plot of land plus some miscellaneous fees by Land Deparment.
If there is compensation being paid on the land, the government fee is 1% of total compensation plus some miscellaneous fees imposed by 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
