Thread: Building a house on in-laws property

Originally Posted by jamescollister

Originally Posted by Norton

Originally Posted by jamescollister

Lease, usufruct, right of habitation, on and on, not one will hold up in a dispute.

Been down this path with you before. 3 times went to court in the past and usufruct terms upheld. Friend just did so few months ago and won. Court upheld the usufruct. Divorce settlement included wife paying the guy about 3/4 th of the cost to build the house. And no I shant give you court case numbers.

Fred just do what turns you on but don't believe a farang is bound to lose in a Thai court. Just isn't true.

Yes I remember, but you have never posted anything to back it up, or any relevant laws to support your claim.
What court overturned these laws.


Thailand Civil and Commercial Code
Book IV: Marriage

TITLE I
Chapter II
Section 1469

"Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby."


Thai Land Code Act B.E. 2497 (1954) update 2008

Section 96 When it appears that any person has acquired land as the owner in place of an aliens or juristic person under the provisions of Section 97 and 98, the Director-General shall have the authority to dispose of such land and the provisions of Section 94 shall apply mutatis mutandis.

Exactly what different friends have been told by different Thai lawyers - usufructs are ONLY valid if they are NOT between husband and wife, unless made BEFORE the marriage.

Originally Posted by Borey the Bald

Supposedly, the chanote will be changed to match the original survey marker.....

Why?

The marker could have been moved by anybody at anytime. Changing that one chanute to match where the marker was found will mean that all the other markers are in the 'wrong' place either on the ground or on the chanutes.

You would have to at least change every neighbouring chanute that had that survey marker. Quite a lengthy job ...

If it's on her chanute it's legally her land.

Originally Posted by JohnG

Exactly what different friends have been told by different Thai lawyers - usufructs are ONLY valid if they are NOT between husband and wife, unless made BEFORE the marriage.

There you find another problem Usufrucks are covered by Thai tax laws and as an alien, by double taxation trendies, from your home country.
You need to submit, in Thailand a PIT [personal income tax] report yearly.
Plus inform your home country, depending on their tax laws of the treaty of the usufruct.

Thailand's computers system is not state of the art, where I am no land deeds, most are bits of paper only.

They will catch up one day, failing to report your PIT report is a criminal offence and could well be in your home country. USA seems stricter then most about foreign asset reporting.

We have a company here, went through the SME department national, none off these schemes were deemed legal.

Many may live here whole life and never get bothered, but you take a chance, only takes one guy to drop a dime to the tax, company, labor or immigration department.

Originally Posted by Davis Knowlton

Originally Posted by fredwiggy

I wonder how all the other married expats live in nice houses there. I guess we're all taking a chance things stay good.

I live in a huge six-bedroom house on a large hunk of land. Everything - house, other house, other land, cars, motorcycles, etc is in my wife's name as I will almost certainly croak first. As I planned it. But, we've been together 26 years and I don't see that changing. Knew her ten years before we got married. We built the house after we'd been together 18 years.

Positive post loves out there

Originally Posted by fredwiggy

Because I treat their daughter with respect and love, and I help them around the house. They've never asked for a thing. I buy them things because I know they need them, and they know I don't make much money here in the states. What I meant by the wife's property is that her Mom gave her a section for us to build a house when we got married.

If it goes tits up you can stay in mine
Fuck your so nice you might shag my bird
It's ok mate we will stay In a hut in Laos and shag all the birds
We dony know mate we will make our bed and lie in it
Ile always have a few quid Fred so seek me out I'm not a hom
But I believe in looking after my fellow man
Life's a gamble mate

You been on the sauce again Jimbobs ?? you seem like a rather naughty boy ?

Very naughty boy conch but Fred seems a nice fella
I was brought up to help
The way Freddie's playing his cards he's getting hussled same as me mate but I can walk away
Thailand is not my utopia it's where my kids live
I only need food and something to keep the rain off my head
I hope Fred never asks for me mate

Originally Posted by jimbobs

Very naughty boy conch but Fred seems a nice fella
I was brought up to help
The way Freddie's playing his cards he's getting hussled same as me mate but I can walk away
Thailand is not my utopia it's where my kids live
I only need food and something to keep the rain off my head
I hope Fred never asks for me mate

But if he does I will help

Originally Posted by JohnG

Originally Posted by Borey the Bald

Supposedly, the chanote will be changed to match the original survey marker.....

Why?

The marker could have been moved by anybody at anytime. Changing that one chanute to match where the marker was found will mean that all the other markers are in the 'wrong' place either on the ground or on the chanutes.

You would have to at least change every neighbouring chanute that had that survey marker. Quite a lengthy job ...

If it's on her chanute it's legally her land.

John your a clever man
I'm an engineer by trade so I brought my GPS to my village staked out what they give me
Then I set the co ordinates then bearing and distance traversed it with my theodolite
It took me 3 years to realise I was wrong
They tried everything but Mathematica to assure me I was wrong
It's a fuckin clown school
I even went and measured other people's property
For them
That was ok
Mine was wrong I never lost nothing but the idiots have not give my wife her piece of dirt
They will only sign it over when I come home and say it's not mine
I'm too clever or something I need to sign a away land I never wanted to own anyway
I like your threads john I'm just a civil engineer
You are a practical guy

Originally Posted by fredwiggy

Yes, I guess I could spend more and build on land that others own.

I built on inlaw land in Sisaket about a year ago. House came out great, but will never be in my name. Also bought new car which will also not be in my name.
Doesn't bother me because I actually built the house for my wife when I am no longer above the ground.
Of course wife could alway throw me out if she wanted to, but it's just a matter of how much you trust your wife.
My only problem is that the house is in a village about 40 km from Sisaket city. Nobody in the village speaks English, and I don't speak Thai, so there is a lot of boredom. That may be something for you to consider.

^

Oh yes,

I give it up to these guys that can do isolated village life, it's definitely not for all.

Top idea just giving it all over to the wife.

Leads to a worry free existence at the end of the day.

Take a look around at what is for rent, you may be surprised at what you can get for little money.
Want to leave something for the step kids when the grim reaper comes calling?
Fine, go to the bank and set up a long term deposit account that you can control.
If teelack, family, and fuckwit idiot friends want 'face' you can wave the bank book at them.

Just take your time and look around. We have been looking for a few years around the chiang mai area,and pretty pricey too. We found a great little plot of land ( just over 2 งาน ) nestled between the mountains with views over doi inthonon. Enough for a small timber house and veg and fruit....cost 70,000 baht. Wife paid half too...

Originally Posted by barrylad66

Just take your time and look around. We have been looking for a few years around the chiang mai area,and pretty pricey too. We found a great little plot of land ( just over 2 งาน ) nestled between the mountains with views over doi inthonon. Enough for a small timber house and veg and fruit....cost 70,000 baht. Wife paid half too...

Good for you, Barry...

The mountainous north [in particular, CM] has become amazingly fashionable and therefore the spike in land/property price.

As we know, the cost for land parcels [commercial, agricultural, common] have seen dramatic rises throughout the country of the last decade or so.....

When one finds a tremendous value, have to grab it now while you can.

Much the same thinking phinik

Lot's of seasoned guys here giving good advice. When I first came here I had the same experience (kind of). Met girl that promised the world. Wanted to build on her land. Thank god for the internet. I avoided that mess. After I refused I was out with in a few months.
Family loved me, promised the moon. LOL same old story.

Well said Gary ^ however its all been said before many times and no doubt will be many more ........

determined lemmings will fall from the cliffs

Originally Posted by garyk

Family loved me, promised the moon. LOL same old story.

In laws though the sun shone out of my ass to start, buying land, cars, planting rubber etc.
They were of the firm belief that wife and I would live in Australia, come visit once a year and all the stuff was theirs.
Mood changed when they discovered the opposite was true, we were here to stay.
They still get a good deal, but not near what they had hoped, now I'm the bad farang.

We don't have any of these problems ... but my partner's an orphan.

I build a house there, I stay until I die,period. Then she can have it for herself and our child.

Originally Posted by fredwiggy

I build a house there, I stay until I die,period. Then she can have it for herself and our child.

And Somchai. They all claim 'Thai man no good' but all go back to them in the end.

Originally Posted by Pragmatic

Originally Posted by fredwiggy

I build a house there, I stay until I die,period. Then she can have it for herself and our child.

And Somchai. They all claim 'Thai man no good' but all go back to them in the end.

Unless they're with you until the end.
Been known to happen.

Get yourself one of those 1 room wooden houses that you see for sale at the roadside. Get a couple if you need more space. And then later, if your relationship goes sour, stick them on the back of a low loader and fuck off.
You'll only lose an outdoor bathroom that you would have built along side it.

Originally Posted by thaimeme

Originally Posted by barrylad66

Just take your time and look around. We have been looking for a few years around the chiang mai area,and pretty pricey too. We found a great little plot of land ( just over 2 งาน ) nestled between the mountains with views over doi inthonon. Enough for a small timber house and veg and fruit....cost 70,000 baht. Wife paid half too...

Good for you, Barry...

The mountainous north [in particular, CM] has become amazingly fashionable and therefore the spike in land/property price.

As we know, the cost for land parcels [commercial, agricultural, common] have seen dramatic rises throughout the country of the last decade or so.....

When one finds a tremendous value, have to grab it now while you can.

we got a heads up form a friend who works in the bank, after many years of being patient. had a great deal ( chanote ) for the land all done and dusted in the last couple of weeks. a "neighbour' we were talking to the other week asked if we wanted to buy another งาน that he was selling and said we could have it for 120,000. didnt tell how much we paid for 2...

Originally Posted by Lukey1979

Get yourself one of those 1 room wooden houses that you see for sale at the roadside. Get a couple if you need more space. And then later, if your relationship goes sour, stick them on the back of a low loader and fuck off. You'll only lose an outdoor bathroom that you would have built along side it.

Nah, get a port-a-cabin such as this. Pretty it up a little and Bob's yer uncle. Things go tits up then shove it on the back of a lorry and put it on the next G/F's mothers land.