1st time buying land

**melvbot** · 09-04-2008, 12:38 PM

A small plot of lands up for sale nr my wifes family home.Its 120 odd square metres in size and already built up to the level of the road.Im curious about buying it as we can get it for what I thinks a reasonable price.
This would be my first time purchasing,Ive heard of the idea of registering it in a childs name (got 2 boys) rather than in my wifes name.
Has anyone got any advice on what to look out for in the good/bad/buffalo side of things for a 1st timer?

**William** · 09-04-2008, 03:52 PM

written a little time ago, but should give you some ideas:

https://teakdoor.com/doing-things-leg...-thailand.html (So you want to own property in Thailand?)

**gusG** · 09-04-2008, 04:25 PM

120 sq mts sounds too small to do much with. What were you planning to build on it?

**melvbot** · 10-04-2008, 08:55 AM

Wasnt planning on building anything on it.Just holding on to it.The dream hoouse needs a bigger plot than that.Its a "dry run" if you want to put it that way

**rtwo** · 10-04-2008, 10:11 AM

Originally Posted by melvbot

Wasnt planning on building anything on it.Just holding on to it.The dream hoouse needs a bigger plot than that.Its a "dry run" if you want to put it that way

The problem is therefore that by the time you get round to buying the big piece the goalposts might have been moved, i.e. laws might have changed , officials moved on etc. etc. Unless it's in a 'strategic' location I would have thought you'd be better off keeping your money.

**DrB0b** · 10-04-2008, 11:33 AM

Originally Posted by William

written a little time ago, but should give you some ideas:

https://teakdoor.com/doing-things-leg...-thailand.html (So you want to own property in Thailand?)

William, in the article you wrote you said

Thai law also has the concept of ‘adverse possession’, where you can acquire ownership of land if you inhabit it for a sufficiently long enough period without the express objection of the land owner

This is interesting. Can you tell us how a long a period the land needs to be occupied for before ownership can be acquired. I have a relative whose father committed suicide because he was unable to pay his debts, his land was sold to pay those debts and bought by a large privately held Thai company. That was over 30 years ago. My relative and his family are still living on that land and are still registered in the housebook attached to the house on that land. The owner, who knows they're there, has never complained about them living there. They have contacted the owner several times about buying the land back from him and he's said he's willing to sell but his asking price is 6 times the going rate for land in the area. Assuming the owner (being rich) doesn't just have them killed for trying this does this sound like a case of "adverse possession" and has such a case ever succeeded in a Thai court?

**William** · 10-04-2008, 08:40 PM

^ Bob:

As I understand it, this used to be the law:

"Ownership by adverse possession Ownership to immovable property can be obtained by adverse possession for a period of ten years. Ownership so obtained is superior to the ownership shown on a title deed or other similar document. The court may order that a new title deed be issued to the adverse possessor subject to adequate proof. Ownership, however, cannot be obtained by adverse possession to state property within the public domain."

Source: CHAPTER 7

which I think is an exter from the Civil and Commercial Code

**William** · 10-04-2008, 08:42 PM

Oh, and to gain adverse possession, you cannot be a permitted person on the land - must be like a squatter.

**Norton** · 10-04-2008, 08:49 PM

Originally Posted by William

Ownership to immovable property can be obtained by adverse possession for a period of ten years. Ownership so obtained is superior to the ownership shown on a title deed or other similar document.

William, wasn't this tested in court by some of the residents in Khaolak after the tsunami?

**William** · 10-04-2008, 08:51 PM

^I believe you are right. And if memory serves me right, they lost. I believe the technical grounds for that was that the land was "owned" by certain politicians.

I didn't say it would work - more that it was the law

**John** · 10-04-2008, 08:53 PM

Originally Posted by melvbot

1st time buying land

Often there is no 2nd time...

**dirtydog** · 11-04-2008, 04:33 AM

Originally Posted by DrB0b

This is interesting. Can you tell us how a long a period the land needs to be occupied for before ownership can be acquired.

I think it is 8 years, but it has to be permanent structures, ie concrete and steel, wood is not permenant, also I think it must have a fixed toilet room.

**good2bhappy** · 11-04-2008, 07:20 AM

A lawyer friend told me a Thai becomes a legal entity at 15 days.
Therefore it is possible to put a childs name on the certificate-deed.
But mums dont screw their children and she will be the legal gaurdian- normaly- so put it in your wifes name.
I just bit the bullit on 1/2 a rai by the road, will wait and see!

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