Phuket Property
Under Thai civil laws, a long-term lease of a plot of land can be up to a maximum period of 30 years, but the law also provides for leasing land for the life of the land owner or the lessee.
A 30-year lease is a long term lease and must be made in writing, signed by both the lessor and lessee and registered at the district Land Office in order to be legally enforceable.
In Thailand any lease of immovable property for more than three years must be registered.
The registration of the 30-year lease at the district Land Office means that you, the lessee, have the exclusive right to use or benefit from the plot of land for the registered 30-year lease period.
If the land is bought by a new owner during the 30 years, the new owner is bound to honour your 30 years registered lease and must allow you to continue using the land for the remainder of the registered lease period.
In legal language, you have a real right over the land for the registered 30 years.
But any promises to renew the 30-year lease for another 2 x 30 lease terms are only promises agreed upon between the land owner and you and no third party, such as a new owner, is bound by these promises.
Therefore, when a plot of land is sold to a new owner, the new owner does not have to renew the lease at the end of the 30 years registered lease.
If the land owner dies, any promises he made die with him, and whoever owns the land at the end of the 30 years is not obligated to renew the lease.
One recourse would be to lease the plot of land for only 30 years.
Register the written and signed lease of land contract at the Land Office.
Alternatively, you may want to consider purchasing a condominium unit instead.
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