Property Lawyer in Phuket

If you are looking for a reputable law firm in Phuket Thailand then look no further than Siam Legal. Our office in Phuket serves most expats and foreigners in Phuket and with offices in all the major cities we are best able to provide you the best legal solutions.

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Speak to our lawyers in Phuket for more information about property transfers, usufructs which may be needed, servitudes which may have been registered over your property or transfer taxes for property. Call us today on our tollfree numbers or speak to us online. Do it now!

Phuket Office

Offices located in Thailand

Bangkok : Head Office

Interchange 21 Building, 23rd Floor., 399 Sukhumvit Road,
North Klongtoey,Wattana,
Bangkok 10110
Tel : 662-253-8100
Fax : 662-253-8010

Phuket
123/27-28 Moo 5, Bangtao Place T. Cherngtalay, A. Thalang,
Phuket 83110, Thailand
Tel : 66 06-326-322

Pattaya
6/56 Moo 6, North Pattaya Road,
Banglamung, Chonburi 20150 Thailand
Tel :66 38-370-786

Koh Samui
142/17 Maret, IT Complex,
Building Suite 309, Lamai Beach,
Koh Samui, 84310 Thailand
Tel : 66 77-230-291

Hua Hin
41/223  Hua Hin  Huay Mongkol Rd
Petchkasem Road, Hua Hin,
Prachuabkirikhan, 77110 Thailand
Tel : 663-251-6375

Chiang Mai
Changkran Plaza- Suite 7,
191 Changkran Road Muang Chiang Mai,
Chiang Mai, 50100 Thailand
Tel : 66 53-818-306

Servitudes in Thailand

Understanding servitudes in Thailand  needs the help of a property lawyer. Phuket island is seeing more servitudes registered as it becomes filled with more property each year. What does the law say. Speak to a lawyer in Phuket before you sign any documents in Thailand.

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Thai law views property as a dominant property and a servitude property. In terms of Thai law the owner of the dominant property cannot increase the burden of the servitude property simply because he views it as his right. The law would view this as an abuse. Simple put as an example, you have a property with a dirt road running across your property under a servitude. The dominant property tomorrow might decide that they want to increase their factory space and now needs to change the servitude of the dirt road to that of a triple lane tarred road. This would be disputed in court as it would view the dominant property abusing the servitude property. As always, these are examples and it is always wise to speak to a property lawyer in Phuket or in Thailand with regards to servitudes and the law.

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The law does allow the  dominant property owner to make changes to preserve the servitude or servitude road as above. The question comes to the fore as to what the courts would view as being reasoable and within the law of servitude properties. You could also provide the dominant property with an alternative at your own expense. This involves say, moving the road to a different part of your property which both parties can agree on. In terms of buying property in Phuket or Thailand for that matter with a servitude. If a servitude is not used within 10 years, the servitude falls away. The question might arise as to what and who decides what the term means. Most times the courts would decide if this lapse of the servitude has occured.

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Speak to any of our property lawyers in Phuket with regards to servitudes and the use of them in Thailand especially now in Phuket with its booming property market. Speak to us today via our tollfree US or UK telephone numbers or speak to us via our chat messenger. Do it now – its free!

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Usufructs in Phuket

If you are looking at buying property in Phuket with a usufruct registered over it speak to a property lawyer in Phuket first. The usufruct usage in Thailand is allowed in Thailand and we cover it here. Be aware of the use of the usufruct in Thailand and how it affects the property. Call us today in Phuket!

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Thai law allows you to register a usufruct over immovable property in Thailand. What would one consider immovable one could very well look at British law as being defined as property which is affixed to the land in such a way that removal of it destroys the property itself. Now having a usufruct over a property allows you to manage the property. If you have a usufruct over a forest then by law you would be allowed to exploit the forest. The very same goes with a mine or say a coconut plantation. Your usufruct would allow you the ability to use and exploit the minerals or fruits of the land.

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Normally the usufruct is registered for a period of time or for the lifetime of the usufruct holder. The destruction of the property however becomes very complicated. You need to speak to a property lawyer in Phuket should the property which you have a usufruct for is destroyed or damaged. The law becomes very complicated at that stage. Further to this is the abuse of the usufruct by a holder. If the holder of the usufruct is doing what is illegal or destroying the property the owner of the property can demand security for the use of the usufruct. These sorts of situations will however end up in a Thai court.

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Finally the usufruct holder is responsible for property taxes and other expenses to maintain the property. Once the usufruct comes to an end, you have 1 year to claim any damages or to solve any issues with regards to the usufurct. If you are buying property in Phuket then speak to any of our attorneys with regards to usufructs and their use in Thailand. Speak to us online, in person at any of our offices in Thailand or via our tollfree US and UK numbers. Speak to us now!

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Leasing Property in Phuket

Leasing property in Thailand comes with official laws and regulations and also unofficial (common) laws which people use. If you are not certain about your lease agreement in Thailand, speak to a property lawyer in Phuket before you agree to lease property in Phuket failing which could create legal issues. Speak our lawyers in Phuket today

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In Thai law the leasing property in Thailand falls under the Civil and Commercial Code laws of Thailand. This is covered by what it calls the Hire of Property. There are a few basic rules which it does cover for good reason.

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1. You may only sublet a property if both parties had agreed to this before the signing of the agreement. If say for example you lease a 12 bedroom villa and decide later that you can sub lease 10 of the rooms, this would not be allowed unless it was greed upon when the contract was signed.

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2. All leasehold agreements in Thailand which are for a period of longer than 3 years must by law be registered with the Land Department. This brings us to another issue that being that many people tend to rent a property on a month to month bases with a desposit down. Usually in Thailand this deposit is for 3 months and you are expected to give them 3 months notice before you leave else the desposit falls away. Losing a deposit of a small apartment is nothing compared to an expensive villa in Phuket. Speak to a property lawyer in Phuket about leasehold before you sign or verbally agree on anything. Most short term agreements are done verbally so be carefull and always ask about the deposit.

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3. The law states that only writeen agreements are enforceable however having a dispute in a foreign country can turn ugly.

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4. Leasehold agreements in Thailand may not exceed 30 years. You might be able to do a roll over contract but this has its own problems with regards to enforcement later when the original owner might have passed on. Always check with a lawyer first as bar stool or forum advice can become costly.

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Leasehold on land in Thailand is becoming a hot political issue as well as the use and abuse of. As always before you sign any agreement check with an attorney first. Speak to any of our property lawyers in Phuket if your property is on the island or speak to any of or staff as we have branches in all the main cities in Thailand. Call us on our tollfree US and UK  numbers or online. See our main website for more details!

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Property Taxes in Thailand

The Government had said that they would not be extending their reduced transfer rates which was put into place to spur the property sector last year. Guess again – its been extended! See our update at the bottom of the post with regards to property transfer discounts.

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The reduced property taxes rates have been extended by the Thai Government. This they say will be the last as it has now been extended to 31st May 2010. Is this the last?

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What is great about the reduced rate is that you could save 100,000 Baht on the transfer of a 5 million Baht property. This break had allowed new homeowners to not only get a reduced rate but able to fully furnish their property with the savings from the reduced tax rates. The reason some have noted may be because the Thai Baht is on the up and this is putting of investors with a weaker dollar compared to the Baht. Only time will tell if the government does another backflip and extend the reduced rates on account of not only the stronger Baht but the political situation.

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If you are looking at buying property in Phuket and looking for a lawyer to explain the benefits of the reduced rates then speak to any of our lawyers in Phuket or at any of our branches nationwide. With more offices in Thailand than any other law firm, we at Siam Legal are able to help you best. Speak to us today!

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UPDATE: This post was made more than a year ago and the Thai government had not extended it another time. Investing in Thailand is still a good investment. The sweetener is not there any longer however the investment potential still is. Property in Phuket more so the high end villa and condo units have proven to be a rock solid investment over the past 10 years!

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