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A Right of Superficies in Thailand (See-Tee-Nua-Tee-Din) is a real property right that allows one person (the superficiary) to own buildings, structures, or plantations located on land owned by another person. This legal arrangement is commonly used by foreigners who wish to build or own a house in Thailand without owning the land itself.
Under Thai law, the landowner grants the superficiary the right to use the land and own any buildings, structures, or plantations erected on it, while ownership of the land remains with the landowner.
To be legally valid and enforceable, the Right of Superficies must be registered with the Land Department. Registration serves as public notice of the right and ensures that it is enforceable against third parties, including future owners of the land.
A Right of Superficies in Thailand may be granted:
Where a fixed-term superficies expires, the parties may agree to renew it and register the renewal with the Land Department.
If no period has been specified, either party may terminate the right by giving reasonable notice to the other party.
No.
A registered Right of Superficies is not extinguished by a transfer of ownership of the land. The right remains attached to the land and continues to be enforceable against subsequent owners.
In addition, the Right of Superficies is not terminated by the destruction of any buildings, structures, or plantations, even where such destruction results from force majeure or circumstances beyond the control of the parties.
Yes.
Unless otherwise restricted in the registered agreement, a Right of Superficies may generally be transferred, assigned, sold, or inherited.
This means that the superficiary may transfer the right to another person during their lifetime or pass it on to their heirs upon death, subject to the terms of the registered agreement and applicable law.
Upon termination of the Right of Superficies, the superficiary may remove any buildings, structures, or plantations that they own, provided that the land is restored to its former condition.
However, the landowner may elect to purchase the buildings, structures, or plantations at their market value instead of allowing their removal.
The superficiary may refuse such an offer only on reasonable grounds.
Although both rights are commonly used in Thailand for property planning purposes, they serve different legal functions.
A usufruct is a temporary real right that allows the usufructuary to possess, use, enjoy, and derive benefits from another person's immovable property without acquiring ownership of the property. A usufruct may be granted for a period of up to 30 years or for the lifetime of the usufructuary.
A Right of Superficies, on the other hand, gives the superficiary ownership of buildings, structures, or plantations located on another person's land. Unlike a usufruct, a superficies may generally be transferred or inherited, unless restricted by the registered agreement.
A usufructuary cannot sell the property because ownership remains with the owner. However, the usufructuary may lease the property to a third party and receive rental income, subject to the terms of the usufruct and applicable law.
For foreigners who intend to build and own a house on land belonging to a spouse, family member, or business partner, a Right of Superficies in Thailand is often considered one of the most effective legal mechanisms for protecting ownership of the building while complying with Thailand's land ownership restrictions.
A properly registered Right of Superficies in Thailand can provide valuable protection for individuals who wish to own a house, building, or other structure on land owned by another person. Whether you are planning to build on a spouse’s land, secure your investment, or understand your legal rights before entering into an agreement, obtaining professional legal advice can help ensure that the arrangement is structured correctly and registered in accordance with Thai law.
Contact Magna Carta Law Firm today to discuss your situation and receive practical legal guidance on registering, transferring, or protecting a Right of Superficies in Thailand.
Licensed Attorney-At-Law | Licensed Notarial Services Attorney, The Lawyers Council of Thailand
Legal Counselor, Central Juvenile and Family Court
Specializing in Contracts, Property, Corporate, and Family Matters
