Usufruct in Thailand. For foreigners seeking a piece of the Thai property market, ownership can be a tricky proposition. While Thailand boasts beautiful landscapes and investment opportunities, foreign nationals are prohibited from directly owning land. However, there’s a solution: a concept called Usufruct.
What is Usufruct?
Usufruct, known as “Sidhi-kep-kin” in Thai, grants temporary ownership rights for using and enjoying a property. Think of it like a long-term lease with enhanced benefits. The usufructuary (the person granted the right) can live in, rent out, or otherwise derive benefits from the property, much like an owner, for a predetermined period.
Key Points of Usufruct
- Ownership vs. Use: Unlike ownership, usufruct doesn’t grant the title deed. The land remains owned by another party, the owner.
- Term: Usufruct agreements can be established for a fixed period (years) or for the usufructuary’s lifetime.
- Rights and Responsibilities: The usufructuary has the right to use, enjoy, and potentially earn income from the property. However, they are also responsible for maintaining the property in good condition and returning it to the owner in the same state when the usufruct ends.
- Registration: For the usufruct to be legally binding, it must be registered at the local Land Department.
Benefits of Usufruct
- Access to Land: For foreigners, usufruct offers a way to enjoy the benefits of property ownership, like living in a dream villa or earning rental income, without directly owning the land.
- Long-Term Security: Usufruct agreements can be established for decades, providing long-term stability and peace of mind.
- Potential for Profit: The usufructuary can rent out the property and keep the rental income.
Things to Consider
- Cost: Establishing a usufruct involves fees, including registration costs and potentially legal fees for drafting the agreement.
- Termination: The usufruct ends upon the expiration of the agreed term or the usufructuary’s death.
- Not a Substitute for Ownership: The usufructuary cannot sell the property or make permanent changes to it without the owner’s consent.
Is Usufruct Right for You?
Usufruct can be a valuable option for foreigners interested in Thailand’s property market. If you’re looking for a long-term solution for living, vacationing, or generating rental income, usufruct offers a path to enjoy Thailand’s real estate without the limitations of direct ownership. Consulting with a Thai property lawyer is crucial to ensure a smooth usufruct agreement that aligns with your goals.
