Jump to content
  • entries
    231
  • comments
    0
  • views
    4050

Land purchase through Thai spouse forbidden: Land Dept


faycyber

187 views

 Share

Land purchase through Thai spouse forbidden: Land Dept

The director general of the Land Department has reiterated that foreigners using Thai nominees to buy land anywhere in the country will have their land title deeds revoked if caught ? even if the nominee in question is a lawfully wedded spouse.

Land Department Director Anuwat Meteewiboonwut made the comments during a recent stop in Phuket as part of a nationwide inspection tour of 30 provinces.

The tour is aimed at improving public services by land officials in three areas: dress, conduct when dealing with the public and working harder to eliminate a backlog of work.

Many members of the public have complained that it takes up to a year to complete a transaction that should only take one day, he said.

Mr Anuwat, a former governor of both Phang Nga and Samut Prakan provinces, said he was satisfied on the first two points, but rated the general level of success among land officials nationwide at speeding up their work rate at ?only 30%?.

The next round of inspection tours will come in July, after which time personnel changes will be considered if service does not improve, he said.

?We have to keep pressure on them, otherwise the work will not get done,? he said.

As for foreigners seeking to buy homes in Phuket, they can do so through the Condominium Act, which allows foreign ownership of up to 49% of any project, he said.

Foreigners cannot use a Thai spouse as a nominee to buy property in Thailand, however.

?If the Thai spouse has enough money to buy the house that is fine, but if the Thai has no money and uses money given to him or her by a foreigner to acquire property, that is against the law. If we check and find out later that a Thai person has been using money from a foreigner to buy land anywhere in Thailand, we will revoke title deeds,? he said.

Mr Anuwat said the provisions of [Ministry of Interior] ministerial order 43 makes it difficult to issue land documents quickly, as it requires action from a number of different agencies. Desire for land on the island has also led to encroachment problems here, he said.

As a key market for property companies, Phuket is a constant source of problems and complaints to the director general?s office, he admitted.

?We will try to resolve these problems and develop our personnel continuously in order to provide high quality services. Fortunately the governor of Phuket used to work in the Land Department, so he understands the procedures and can help co-ordinate all the agencies involved,? he said.

Mr Anuwat was speaking of Phuket Governor Wichai Phraisa-ngop, who served as Land Office director in Nakhon Pathom in 1997 and as deputy director of the Land Department nationwide in 2003.

-- Phuket Gazette 2009-05-27

http://www.bangkokpost.com/forum/viewtopic.php?f=29&t=2120&st=0&sk=t&sd=a#p39962

 Share

0 Comments


Recommended Comments

Land purchase through Thai spouse forbidden: Land Dept

The director general of the Land Department has reiterated that foreigners using Thai nominees to buy land anywhere in the country will have their land title deeds revoked if caught ? even if the nominee in question is a lawfully wedded spouse.

Land Department Director Anuwat Meteewiboonwut made the comments during a recent stop in Phuket as part of a nationwide inspection tour of 30 provinces.

The tour is aimed at improving public services by land officials in three areas: dress, conduct when dealing with the public and working harder to eliminate a backlog of work.

Many members of the public have complained that it takes up to a year to complete a transaction that should only take one day, he said.

Mr Anuwat, a former governor of both Phang Nga and Samut Prakan provinces, said he was satisfied on the first two points, but rated the general level of success among land officials nationwide at speeding up their work rate at ?only 30%?.

The next round of inspection tours will come in July, after which time personnel changes will be considered if service does not improve, he said.

?We have to keep pressure on them, otherwise the work will not get done,? he said.

As for foreigners seeking to buy homes in Phuket, they can do so through the Condominium Act, which allows foreign ownership of up to 49% of any project, he said.

Foreigners cannot use a Thai spouse as a nominee to buy property in Thailand, however.

?If the Thai spouse has enough money to buy the house that is fine, but if the Thai has no money and uses money given to him or her by a foreigner to acquire property, that is against the law. If we check and find out later that a Thai person has been using money from a foreigner to buy land anywhere in Thailand, we will revoke title deeds,? he said.

Mr Anuwat said the provisions of [Ministry of Interior] ministerial order 43 makes it difficult to issue land documents quickly, as it requires action from a number of different agencies. Desire for land on the island has also led to encroachment problems here, he said.

As a key market for property companies, Phuket is a constant source of problems and complaints to the director general?s office, he admitted.

?We will try to resolve these problems and develop our personnel continuously in order to provide high quality services. Fortunately the governor of Phuket used to work in the Land Department, so he understands the procedures and can help co-ordinate all the agencies involved,? he said.

Mr Anuwat was speaking of Phuket Governor Wichai Phraisa-ngop, who served as Land Office director in Nakhon Pathom in 1997 and as deputy director of the Land Department nationwide in 2003.

-- Phuket Gazette 2009-05-27

http://www.bangkokpost.com/forum/viewtopic.php?f=29&t=2120&st=0&sk=t&sd=a#p39962

Link to comment

The letter of the law says that a foreigner cannot own land here. But we all know that this particular law has been bent out of shape. This guy is just making a point that bending this law is not a good idea. It doesn't make it illegal for a wife to buy land, even if the money originally came from her husband. But look out if the "wife" is someone the "husband" hardly knows, or if the law has been bent in any other way (e.g. via nominee companies). Having said that, the various Thai governments over the years occasionaly pretend to care about this law, and meanwhile do nothing about it's wholesale abuse.

Link to comment

Another example of a Thai official with mouth in overdrive and brain in neutral. Makes a nonsense of the idea of shared assets within a marriage. There is extensive debate on this topic on another popular Thai forum, and very little of it is complimentary.

Link to comment

That is the way to stimulate investment and home ownership. It is also the way to make foreigners feel welcome. I am sure foreigners owning land is a national security concern in Thailand. Can you imagine another coup to get the country on the right track?

Link to comment

Use a name of somebody else to buy something? Well, it may work somewhere and in some cases.

But I will never buy something that can not be put legally on my name.... anywhere!

I can not buy it? I can not legally be the owner? ....mmmhh ok, such a deal is not for me and I will move on

Link to comment

?If the Thai spouse has enough money to buy the house that is fine, but if the Thai has no money and uses money given to him or her by a foreigner to acquire property, that is against the law. If we check and find out later that a Thai person has been using money from a foreigner to buy land anywhere in Thailand, we will revoke title deeds,? he said.

i thought half of everything was the spouses when people are married. These idiots (or the idiot writers) )dont know the definition of the word spouse - married partner. That is the only way this crap could possibly make any sense.

at any rate, the main purpose for the whole improvement trip was to do substantial stuff like improve uniforms. This is massively reassuring.

Link to comment

Different treatment due to country origin is racism, right? I think racism is forbidden in the Thai constitution.. and the constitution is above all other laws!

I am rid of different treatments due to country origin: from museum prices entrance to land property!

So, just one thing to say: within 2 years 1/2, i stop working and wish to relocate, also build a company.

If i cannot legally buy a land, build a nice house all 100% mine,and be sure I can sell it back if one day i want to go away, than i will choose another country than thailand to spend my money; invest and give jobs to local people.

Oh, another thing: i personally know 3 people working in land administration: they all have higher standart of life than their offical salary is supposed to provide them... In fact, they receive money for faster treatment of official acts, and to inform people of good buy opportunities!!!

They told me everybody is doing the same in land administration...

I think the general director must investigate within the life standarts of his employee and see if they match the family incomes.. He he: he will have a lot of surprises and will have to make a "big cleaning" within his employees !!!

So, thailand is a beautiful country, but has to make choices... Anyway, i will make my choice within 2 years due to fair or not Thai laws within these 2 years. Sorry but condominium act cannot bring me a land with the villa + pool i want to own, and the business i want to build, but all 100% mine to be sure to safe get back investment if i wish to...

Link to comment

There is the concerned constitution part :

"Part 2

Equality

Section 30: All persons are equal before the law and shall enjoy equal protection

under the law.

Men and women shall enjoy equal rights.

Unjust discrimination against a person on the grounds of the difference in origin, race,

language, sex, age, physical or health condition, personal status, economic or social

standing, religious belief, education, or constitutional political views, shall not be

permitted.

Measures determined by the state in order to eliminate obstacles to or promote

persons' ability to exercise their rights and liberties like other persons shall not be deemed

as unjust discrimination under paragraph three."

So, i read : NO (injust) discrimination due to origin and race, right ???

Than explain me how museum prices may vary due to ethnic origin and how frang cannot own his house...

http://rspas.anu.edu.au/rmap/newmandala/wp-content/uploads/2007/04/2007-constitution-english.pdf

= english translation

Link to comment
Guest
Add a comment...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...