Comment enregistrer un usufruit
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samedi juin 24, 2017
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How to register a Usufruct Agreement in Thailand

 

You should ask a reputable Law Firm to draw up your Usufruct Agreement. Many clauses can be added or modified depending on your needs. We offer this service online and you will save money. Simple, easy, cheap and help if necessary.

 

THING TO KNOW BEFORE REGISTER THE USUFRUCT

 

  • The only two titles of land that qualify to register the Usufruct. They are called “Chanotte” or “Certificate of Utilization (Nor.Sor.3.Gor). It can also be done on a “Certificate of Utilization” (Nor Sor 3.) but you will need a prior announcement.
  • The only person who can grant the Usufruct is The Owner of the land.

 

DOCUMENTS NEEDED TO DRAFT THE AGREEMENT

If you want us to draft a Usufruct Agreement, we will require:

  • A copy of a Thai Identification card and House Registration (“Ta Bien Baan”) of both parties (If a Foreigner, please provide the first page of your Passport)
  • A copy of your Title Deeds both sides.

 

WHERE TO GO FOR REGISTRATION

You must check on your Title Deeds, the District and Province of your land. You must go to the relevant Land Office where your land is located.

DOCUMENTS NEEDED TO REGISTER USUFRUCT

Both parties must bring;

 

  • The original paper of Title Deeds.
  • Thai identification card and House Registration book of both parties. (If a Foreigner, please bring your Passport)

 

If you will not go by yourself, you must;

  • Complete the Power of Attorney form of the Land Office. There are different forms depending what kind of Title Deed you have.
  • A copy of Identification Card and House Registration of the assignor and assignee. (If a Foreigner, please provide a copy of your Passport with your signature on it)

 

THE PROCEDURE OF REGISTRATION AT THE LAND OFFICE

 

  1. Bring all ORIGINAL documents referred in the section DOCUMENTS NEEDED TO REGISTER USUFRUCT and contact the information desk. You might get allocated a number at the entrance and you will have to wait until it’s your turn.
  2. When being called, the officer will fill the application and ask you to sign papers at the service window.
  3. In case you register a Usufruct without value (for free), you will pay a Government fee of about 100 baht per application. You might have to pay that amount in another counter, where all fees are paid. You should get a receipt.
  4. Bring back the receipt back at the same service window.
  5. Your waiting time will depend on how busy the Land Office is. It can be from 1 hour up to a full day. This is why we recommend you go early in the morning.
  6. Obtain all documents and verify everything on the paper. On the back of the Title Deed, the name of the Usufructuary should appear written in Thai, with the length of your Usufruct, the date that you registered, the name of the owner granting you that right and the size of land where the right has been given.                                                                                   It should be as easy as this!

 

Congratulations! You have just registered your Usufruct Agreement.

Do note that some Land Departments do not like to register Usufruct Agreements for Foreigners...

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The content of this web site aims to circulate general information that cannot be considered as legal advice. Laws can change quickly and therefore it is impossible to cover all exceptions in detail. The information provided here is therefore without any guarantee concerning its exact meaning or its continuing validity. Our web site contains links to other sites. These links are provided for practical reasons only. We decline any responsibility concerning these web sites owned by others and we do not necessarily agree with their content. Anyone wanting to create a link to the present site may do so freely. We encourage distribution of legal information, as we encourage making it available to the general public, freely or at a low cost. But we also want to protect the product of our work and even our writings. Therefore, the content of the present web site may not be reproduced for commercial purposes, or another website, under any format without our express written consent. Translation using functions like "Google translation" might not fully be accurate. Isaan Lawyers provides professional legal services at reasonable costs in many areas of Thailand.

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