Thai Habitation Laws

The right of habitation is the right of dwelling gratuitously in a house of another person. As one of Thailand's real rights of book 4 of the civil and commercial code the right of habitation must be registered with the land office to be complete and enforceable. The right of habitation cannot be encumbered, sold, transferred, donated or transferred at death. The right of habitation is a personal servitude.



table of contents

Thai Land Laws

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'.

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.



table of contents

Page 2 of 2