Description

Sample superficies contract. You can download the document to your computer or click 'view' to see the sample superficies contract in your browser.

What is a Right of Superficies in Thailand?

A Right of Superficies is a legal right that allows a person or legal entity to own buildings, structures, or plantations on land owned by someone else, for a period of up to 30 years, according to Sections 1410 to 1416 of the Thai Civil and Commercial Code (law translation) Thai Civil and Commercial Code. This period can be renewed upon agreement between the parties.

The person who owns the land and grants this right is called the landowner (or grantor), while the individual or company receiving the right is known as the superficiary (or grantee). With this right, the ownership of the land is legally separated from the ownership of anything built or planted on it, even from objects placed underground. This legal concept creates a horizontal division of ownership, allowing, for example, a foreigner to own a house while the land remains in Thai ownership.

Right of Superficies Agreement under Thai Law (Sample Template)

This page provides a bilingual (Thai-English) sample of a Right of Superficies Agreement, drafted in accordance with Thai law. The agreement outlines the legal right to own buildings or structures on land owned by another person, as defined in Sections 1410 -1416 of the Thai Civil and Commercial Code. The downloadable template serves as an educational example and includes key clauses commonly used in superficies agreements in Thailand. However, certain sections have been intentionally omitted in this sample version. For those requiring a complete, lawyer-reviewed version suitable for use and registration with the Thai Land Department, a fully detailed, premium version of this agreement is available for purchase.

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You can download this document or click 'view' to see the sample Thai English superficies agreement in your browser (this contract is different from our paid contract version).