30 Year Lease is Up, Now What

[parrot]

Old timers might remember the days (prior to 2001) when the Thai spouse of a foreigner could not own land. Back in those days, the common arrangement was for the spouse to lease the land for 30 years, with the option to renew for another 30. I'm not certain if Taksin was responsible, but shortly after he became PM, the rules changed to allow such spouses to own the land.......which she did in 2001.
I'm wondering if the Thai spouse and her (at least then) Swiss husband decided that the land they leased back in 1990 was not theirs, but the hotel they built was......and thus decided to remove the elevators, doors, etc etc after their lease was up (and apparently not renewed).
https://www.bangkokpost.com/thailand/ge ... el-looting

FWIW: As we recall, there never was a formal announcement about the law change allowing Thai spouses of foreigners to own land. I heard about it at a VFW meeting at TJs......doubted its veracity, but soon enough found out it was true. Along the same lines, a veteran from KK mentioned he obtained a "retirement" visa about the same time....maybe a year or two earlier......obtained in the same day, instead of the 'come back in 30 days' norm back then. Naturally, there was a flood of mostly Americans back then to change from marriage visa to retirement because of the simpler procedures. Again......back in those days, most news came from word-of-mouth. Times have changed!

[samster]

Interesting story Parrot. One gaping flaw in the report is that the lady in question is reported as being 31 which is impossible given that they are reported to have rented the site in 1990. A misprint or, is it another family member?

[parrot]

When the Mountain B Pub burned last month in Sattahip, the owner was described as a 28 year old man. He was charged and held for several days......until it was 'discovered' that the real owner was the man's father. Allegedly.
t.i.t.
I remember one expat in Nongkai who said he'd bulldoze the house if the lease was up on his wife's land and the land owner wouldn't renew. He liked to say, "my house, not my land" or something to the effect.

[deankham]

Am I the only one confused with the report?

It seems to suggest the land owner is the property owner, but is not clear if the definition of 'property' includes the building.

So my basic understanding of events from the badly written article is;
1. Landlord leases the land to Swiss Guy and associates for 30 years
2. Swiss man constructs a resort and operates it until the end of the 30 year lease
3. After 30 years the landlord (who they also call property owner) does not renew or extend the lease
4. The Swiss owner had 30 days to remove all his belongings and return the property to the landlord (does this mean the landlord by default becomes owner of the buildings?)
5. He does not remove belongings within the time period (would he have been allowed to remove the buildings?)
6. Approx. 2 years later the Swiss guys wife guts the buildings
7. Property owner contracts police as he must believe (or by law must be the case) that he fully owns everything on the land.

Would be interesting to understand what happens to everything constructed on leased land after the lease expires.

[Stantheman]

When I married my wife in 2004 she owned the house and land on which it sat for over 10 years. Nothing changed in land ownership after marriage even though she legally changed her name.

[sometimewoodworker]

Am I the only one confused with the report?

It seems to suggest the land owner is the property owner, but is not clear if the definition of 'property' includes the building.


Would be interesting to understand what happens to everything constructed on leased land after the lease expires.

It is rather simple.
The land owner leases the land for a period (30 years maximum). The lease holder then builds on the land. At the end of the lease (if it is not renewed) the land owner then owns everything that has not been legally removed that remains on his land. This is standard in most countries.

In the U.K. the lease holder can force the land owner to renew a lease.

In the case reported the land owner did not secure his property.

[deankham]

^ your right, it is rather simple when explained so well, simply.

Wonder what became of the Swiss gent and if he ever broke even on his 400 million baht investment over the 30 years?