Hi,
My wife is due to arrive in Hua Hin in November to complete the purchase of our home which is being built as part of one of the big building developments.
I'd be grateful if someone could advise on the following:
a) the legal process for the transfer of title and the registration of land and property.
b) the likely cost of (a) above - as the purchaser of the land and the building I have agreed to meet the cost of the registration.
Also, any advice re pitfalls from some one who has been through the process would be most welcome.
All advice and suggestions are welcome - I shall be in Hua Hin also and I shall reward contributors in the traditional way at the bar of their choice.
Many thanks and regards.
Tam
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Thai Tam
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- Location: Coventry, Hua Hin and Paradise
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malcolminthemiddle
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A few pointers on the land transfer only.
(1) Before your wife comes to Hua Hin check the Chanote is ready. If your plot is a partition of a bigger plot, for partitioning first an application has to be made to the Land Dpt by the Owner. The LD will then send out notices to adjacent Owners advising them of the application and inviting them to be present at the time the LD makes the on site measurements. This process including preparation of the new Chanote can take a few months. Builders tend to leave this till the last moment.
(2) If your plot has no direct access to a public road, make sure you have legal right of passge over other land, common or otherwise, giving access to your plot. This legal right of access should be registered with the LD at the time of transfer.
(3) At the time of transfer confirm with the LD that there are no outstanding taxes on the land.
(4) If you are a farang, if your marriage is registered in Thailand and if the LD ask, you will need to sign an affidavit at the LD giving up any right to the funds used to purchase the land. This can be done before or at the time of the transfer. Without this affidavit the LD may refuse to process the transfer.
(5) If you intend for your wife to give you a registered lease on the house, this registration should be done at the same time as the land transfer.
These pointers are not definitive, I should suggest you appoint a recommended Thai Lawyer, sit down with him/her and make a check list so that nothing is missed.
(1) Before your wife comes to Hua Hin check the Chanote is ready. If your plot is a partition of a bigger plot, for partitioning first an application has to be made to the Land Dpt by the Owner. The LD will then send out notices to adjacent Owners advising them of the application and inviting them to be present at the time the LD makes the on site measurements. This process including preparation of the new Chanote can take a few months. Builders tend to leave this till the last moment.
(2) If your plot has no direct access to a public road, make sure you have legal right of passge over other land, common or otherwise, giving access to your plot. This legal right of access should be registered with the LD at the time of transfer.
(3) At the time of transfer confirm with the LD that there are no outstanding taxes on the land.
(4) If you are a farang, if your marriage is registered in Thailand and if the LD ask, you will need to sign an affidavit at the LD giving up any right to the funds used to purchase the land. This can be done before or at the time of the transfer. Without this affidavit the LD may refuse to process the transfer.
(5) If you intend for your wife to give you a registered lease on the house, this registration should be done at the same time as the land transfer.
These pointers are not definitive, I should suggest you appoint a recommended Thai Lawyer, sit down with him/her and make a check list so that nothing is missed.