Sap-Ing-Sith (สิทธิการใช้ทรัพย์สินอิงสิทธิ): Right to Use Immovable Property

The Sap-Ing-Sith Act B.E. 2562 (2019) creates a registrable real right (in rem) over chanote-titled immovable property (land, land with buildings, or a condominium unit). The right runs for a fixed term of up to 30 years, is transferable for the remaining term, inheritable, and must be registered at the Land Office to bind third parties.

Key constraints (what marketing often glosses over)

• 30 years is an absolute cap. The Act does not provide for pre-agreed or automatic renewals. Any “30+30” language is a future promise, not a statutory right. Continuing beyond 30 years requires a new Sap-Ing-Sith and fresh registration at that time.
• Renewal/compensation promises don’t survive expiry. Consistent with Thai Supreme Court jurisprudence on 30-year leases, clauses promising renewal or compensation after the term are treated as personal undertakings, not rights in rem. Once the 30-year period ends, specific performance (forcing a new registration) is generally unavailable, even against the original grantor. At best, an unregistered promise risks being a mere contractual claim, not something that binds successors.
• If it must bind, it must be on title. Only matters noted on the land title (or created as separate registrable rights) reliably bind buyers, creditors, and heirs. Side letters or MOUs rarely survive a transfer.
• Buildings & improvements at term end. By default, structures revert to the landowner. To keep building rights separate, the parties should expressly agree and register an appropriate right (e.g., superficies), otherwise the arrangement is easily lost or unenforceable against third parties.

Structural caveat

Sap-Ing-Sith is styled as a “real right,” yet it sits in a separate statute rather than within the Civil and Commercial Code’s catalogue of real rights. In practice, you should treat it conservatively: plan for 30 years certain, and treat any extension as a new negotiation and new registration, not as an enforceable pre-baked option.

Practical tip: Before signing, confirm with the Land Office exactly what terms (if any) can be entered on the title. If a term isn’t registrable, assume it won’t bind third parties, and may not be enforceable even against the original grantor after expiry.