Usufructs, Superficies and Habitation legalities.

[Faz]

 

What are the legal aspects of Usufructs, Superficies and Habitation Laws.

If you plan to purchase land and erect buildings on it, then a few things you should be aware of as a foreign to protect your rights. Firstly a foreigner cannot own land.
You may pay for it, but the land must be registered in the name of Thai national or Company.
You may purchase and own the buildings, but that sits on the land you cannot own.

Pause for thought at this point and ponder.

If you have a Thai spouse, purchase land and erect buildings on that land, in the event your wife deceases, then the Government allows the foreigner a period of 12 months to register the land in another Thai name, or they can confiscate the land.
It's pretty pointless owning the buildings if the land on which it's built can be taken away or transferred, of which you may have little choice or control in the matter.

To protect your right to remain in the home you may have paid for, then it's important you seek professional legal advice on your rights and I mention just three possible options and solutions subject to your personal situation.

An Usufruct gives the right to use and obtain limited control of another man's immovable property.
The right of usufruct transfers possession, use and enjoyment of an immovable property from the owner to the usufructuary. An usufruct can only be registered over properly titled immovable property and is established by agreement with the owner and registration at the local land office. The contract or memorandum for usufruct is the legal document that states and confirms the formal agreement between the owner and the usufructuary (the person granted the right of usufruct).

The right of superficies in Thailand legally separates ownership over the building and the land.
The right of superficies is used when you build upon land you do not own. It creates the registered right to use the land and to own the structures you build upon the land without obtaining ownership rights over the land itself. A right of superficies may be established either for;
1- a period of time up to 30-years, or
2- for life of the owner of the land or
3- for the life of the superficiary. A right of superficies registered for a specified term is a transferable and inheritable interest in land.

The right of habitation concerns only the right to dwell in a house
The grantee of the right of habitation does not pay rent to the grantor. If there is rental payment made, the matter becomes a tenancy. A right of habitation may be created for either a specific period of time or for the lifetime of the grantee. In case the rights are granted for a specific time period, the law states that such a period may not exceed 30 years; if a longer period is fixed, it shall be enforceable for only 30 years. The grant may be renewed for a period not exceeding 30 years from the time of renewal. Lastly, the right of habitation is not transferable by way of inheritance.

https://gps-legal.com/publications/real-estate-in-thailand-superficies-and-usufructs/