Contracts Thailand: Right of Superficies
The right of superficies law in Thailand is copied from the mainland European Civil Law real estate laws. In France it is called 'droit de superficie', in Germany it is called 'Erbbaurecht' and in the Netherlands it is called 'recht van opstal'. The principle of the right of superficies is in these countries the same; it grants the superficiarius (meaning the person granted the superficies right) the registered right to use the land and to own buildings, structures or plantations upon land belonging to another person.
This registered right to use another man's land for building can be granted for a period of time up to 30 years or for the life of the owner of the land or the life of the superficiarius. A superficies must be registered at the local land office to separates ownership over the buildings or structures from the land.
Legal structure:
Properly used the legal structure could consist out of a land lease agreement combined with a right of superficies. The land lease and right of superficies complement each other.
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CONTRACT GRANTING RIGHT OF SUPERFICIESMade at:..................................... This contract is made between Mr./Mrs./Miss .............................. .................... ..................................., residing at: ....... Soi ............ ......................., Road ................. .........., Tambon .......... .............................., District of......................................., Province of...................................., hereinafter called the “Grantor” and Mr./Mrs./Miss ......................................................, residing at No.........., Soi .............. ......................, Road .................... ................, Tambon .......... .................., District of.............................. Province of........................................, hereinafter called “Grantee”. Whereas the Grantor is the owner of land in Title Deed No................., situated at Tambon............., District of.............................................., Province of......... ................................, with an approximate area of.........................................................., hereinafter called the “Land”; Parties to the contract agree as follow: 1. The Grantor agrees to grant the Grantee the right of superficies on the above-mentioned land, with the right to own, upon or under the land, building, structures or plantations. 2. Such right of superficies above mentioned in Clause 1. shall be enforced for a period of.............years. 3. As remuneration for the use of Land, the Grantee agrees to pay consideration to the Grantor in the form of.................for a total of.................... which shall be paid monthly/ annually throughout the period of this contract, payable every last day of the month/year. 4. In case of destruction or loss of buildings, structures of plantations, even if caused by the force majeure, the Grantee’s right of superficies on this land shall not be extinguished. 5. When the right of superficies is extinguished by any cause, the Grantee agrees to take away his building, structures or plantations from the land of the Grantor immediately, at the Grantee’s own expense. In case the Grantor does not wish the Grantee to take away the objects listed in the preceding paragraph, and declares his intention to purchase such buildings, structures and plantations at their market value, the Grantee agrees to sell such objects to the Grantor. 6. The Grantee shall not transfer the right of superficies according to this contract to other persons or outsiders, except with the prior written approval of the Grantor. 7. In case of death of the Grantor or Grantee, the right of superficies granted in this contract shall remain binding unto their heirs who shall comply with this contract; and it shall not be deemed that the contract expires because of such cause. This contract is made in duplicate. The parties to the contract having read and understood the entire substance of the contract hereby sign their names in the presence of witnesses. Signed................................Grantor (................................) Signed................................Grantee (................................) Signed................................Witness (................................) Signed................................Witness (................................)
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Contract samples: Thai Contracts Online
