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กฎหมายไทย made simple

  • 1410-1416 Civil Law Right of Superficies

    Thai Land Laws – Right of Superficies in Thailand

    Civil Code Sections 1410–1416 Governing Rights of Superficies


    The Right of Superficies (สิทธิเหนือพื้นดิน) is a registrable real right under Thai property law that separates ownership of land from ownership of buildings, structures, or plantations situated on or under the land.

    Under a superficies structure, one person owns the land itself while another person legally owns buildings, structures, or plantations on the land without acquiring ownership rights in the land itself. Because foreigners cannot own land in Thailand, the right of superficies is commonly used in long-term residential and investment structures involving foreign ownership of houses or buildings located on Thai-owned land.

    In comparative civil-law systems, the Thai right of superficies is conceptually similar to the French droit de superficie, the German Erbbaurecht, and the Dutch recht van opstal.

  • ownership of a home in thailand

    Thai house ownership and Land Office documents

    Buying and Owning a House in Thailand

    Foreign ownership of land in Thailand is generally restricted, but ownership of the land and the building standing on it can be separated. A foreign purchaser may therefore lease the land under a registered long-term lease and separately acquire ownership of the existing house or other structure. Properly structuring the building ownership can give the foreign purchaser a substantially stronger position than simply leasing both the land and the house.

  • Superficies

    Right of superficies (สิทธิเหนือพื้นดิน) is a registered land right in Thai civil law that lets a person use land and own any buildings/structures on it, separate from the landowner, either for the holder’s lifetime or up to 30 years. It functions similarly to a long-term lease in common-law systems but also gives ownership of the structures. A landowner in Thailand may grant this right to another person (including a foreigner).