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Ownership of a house in Thailand can be transferred separate from the land it stands on. Land and house could have different owners and in a long term lease construction it strongly advised to follow the correct procedure to obtain legal ownership of the house. Transfer of a structure separate from the land must be in writing and registered with the competent authority (i.e. the Land Department’s branch or provincial office). The right to own a building upon another man’s land always relates to the term an right to use and possess the land (i.e the term of the land lease and/ or the right of superficies term). The right of habitation under the civil and commercial law of Thailand (sections 1402 to 1409) refers to the right of a person to live in the house of another gratuitously. The right of habitation differs from a usufruct contract that the person granted a usufruct is allowed to transfer the exercise of his rights to a third person (not the actual usufruct), where the right of habitation grants only the use of a property for the residence of the grantee himself and family. A habitation contract refers to the right of dwelling in a house.
Legal Services is often times associated with controversies requiring court action. In truth, it embraces both Litigation and Related Services requiring an understanding of the law, its incorporation into an act, and the possible legal repercussions that may follow. Services which fall into this category include the drafting of public instruments, private contracts or agreements, registration and licensing requirements, notary services, personal legal documentation, and many others.
The Labour Department may also issue or renew work permits regardless of the above criteria when the foreign individual falls into one of the following categories: employed as an international trade representative inspecting product quality, purchases or conducting market surveys; employed as an investment or management technology adviser or internal auditor; a tour representative bringing foreign tourists into Thailand; employed in an international financial institute endorsed by the Bank of Thailand; employed a non-profit organization on a temporary basis; employed as a contractor on projects for state agencies or public enterprises; employed in a business that mainly required the use of local raw materials.
Only a foreigner who qualifies under section 96 bis of the Land Code Act may own up to 1600 square meters (or 1 rai) of land for residential purposes in specified areas. Foreign land ownership under section 96 bis among other requires an investment of not less than 40 million Baht in by the BOI approved Thai bonds and assets which must be beneficial to Thai economy and requires approval by the Minister of Interior. If granted foreign land ownership under this exemption is limited to the life of the person granted the right to own the land (not transferable, not inheritable). Permission for foreign land ownership under section 96 bis Land Code Act is rarely applied for or granted. We have helped a growing number of clients find the right lawyer for their specific case in Thailand. Using a lawyer requires both trust and reliability. That is why the lawyers in our partner program undergo an admission process to ensure our network only consists of the best English-speaking lawyers in Thailand. Our extensive network of lawyers helps us find the ideal lawyers for your specific case. Read more details about 3lawyersthailand.com.