1410-1416 Civil Law Right of Superficies

Thai Land Laws - Right of Superficies in Thailand

Right of Superficies (part of Thailand property land laws) is a registered property right that separates ownership of the land and anything on or in the land (plantations and/or a structure). One person owns the land (cannot be a foreigner), another person owns everything on or in the land (can be a foreigner) but has no ownership rights in the land itself. In the French legal system superficies is called 'droit de superficie', in Germany 'Erbbaurecht' in the Netherlands 'recht van opstal'.

Understanding Sections 1410–1416

The superficies (สิทธิเหนือพื้นดิน) agreement in Thailand specifies the terms and conditions upon which the right of superficies is granted. A superficies is not complete until signed, witnessed and registered with the local branch or provincial land office where the land is located. By registration on the land title deed the right of superficies becomes a real right attached to the land, as opposed to a contractual right.

CHAPTER VI

SUPERFICIES

Thai Law Translation

table of contents

ownership of a home in thailand

Buying a Thai Home
foreign ownership of a house

Foreigners cannot own land in Thailand but are allowed to lease land under a land lease agreement registered with the land department and own the structure built on leased land. Obtaining the correct legal ownership of the building upon the leased land greatly increases the land lessee's rights and long term interest in the property. The right to own a building upon another man's land however always relates to the right to use and possess the land, i.e the term of the land lease (and optional the term of an additional right of superficies).

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).