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Own, Lease & Mortgage Option

The situation with respect to land, and thus owning a house in Thailand is significantly more complicated.  The starting point is that, under Thai law, a foreigner may not own a freehold title to land in his or her own name.  However, a foreigner may own a leasehold title to land. Thai law dictates that the term of a lease may be up to 30 years in length.  Moreover, it is legally permissible to enter into an agreement with the owner of the freehold land to renew such a thirty year lease upon two occasions, effectively providing a total extended term of 90 years.  That said, when doing so great care must be exercised so as to avoid potential issues with enforcing the extended terms.  It should be noted that any lease of more than 3 years in length must be registered at the Land Office.

It should also be borne in mind that, while a foreigner cannot own land upon which a house is built, he or she can own the actual house.  Thus, as a foreigner, one option is to lease land for up to 90 years and own the house that you build upon it.

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