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Must have clauses that should be written into Land Leases in Thailand

Thai Land Leasing Contract Check List

When a contract is being written to lease land in Thailand you should make sure all of these points are added to that contract.

  • Right to receive a Lease term 30+30+30 yrs
  • Right to sell the land to anyone with the new lease term 30+30+30 yrs
  • Right to sub-lease to anyone without permission from the Lessor
  • Right to receive a freehold of the land when the law permitted foreigner to do
  • Right to sell to anyone and get Freehold at any time
  • Right of the lessee’s heir to be the new lessee under the same conditions with the new lease term 30+30+30 yrs
  • Right of heirs to take existing lease with any existing terms including renewals etc.
  • Right to force the lessor’s heir to comply all terms and conditions in the Lease agreement
  • In the agreement to Lease the Land which deals with renewals, does it state that if the Lessor or the Heirs of the Lessor does not agree to renew that they must buy back the land and house at the current market value at time of renewal
  • Right to renew the lease term without extra cost from the Lessor
  • Amount of Charge from the Lessor of lease renewal or new lease
  • Any charge from Lessor if the Lessor is a Developer and the Land Lease is cancelled and the Land transferred freehold
  • Right to receive a necessary document for renewing the lease term from the Lessor – we have “Agreement to Lease Land” for 2 renewals
  • Does Land Lease have statement that the Lessor cannot mortgage, sell, lien on the land
  • Right to set a rental as estimated price of the land
  • Right to hold original of Land Title Deed after lease registration
  • Right to apply any disputes to Thai Court not Arbitration

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