Lease question

**Bung** · 11-11-2006, 12:05 PM

OK, so I have got a chanote on my place, now I want to lease it.

Apparently the chanote is going into the MIL's name as the land was originally in her name.

I am wondering if I should just lease it off her or should I get it into the mrs name and lease it off her.

I am thinking that when the MIL dies there may be some problem or if I get her to make a will, will a transfer go easily? I completely trust her, she arranged the chanote early to keep me happy or should I pay the transfer and get it closer to home?

**William** · 11-11-2006, 04:36 PM

Bung

1. Lease over 3 years: if you lease the property off the MiL and register the lease it is enforceable, under the Civil and Commercial Code, against all heirs. The problem comes if you have agreed to a renewal of a 30 years lease, the so-called 30 +30. In that case, the Supreme Court of Thailand has held that a promise to renew a lease is a personal promise and cannot be enforced against any heirs. I have a really problem with this one, because most advisers in Thailand will not tell you this.

2. Lease less than 3 years: A lease of less than 3 years does not need to be registered, but the same caveat re options to renew exist.

~W~

**Bung** · 11-11-2006, 10:32 PM

Thanks William,

Excellent advice as usual.

There should be some sort of "Service to Expats in Thailand" award for you

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