Usufruct — what it means
A usufruct is a registered lifetime right to use a property and collect its income. It protects interests — for example, a foreign spouse — and survives a change of the land’s owner.
What a usufruct gives under Thai law
The usufruct comes from Thailand’s Civil and Commercial Code: it is the right to use another person’s property and to collect its fruits and income, including rent. It is registered at the Land Department for a term of up to 30 years or for life. If the land is sold, the right survives — the new owner takes the plot subject to the encumbrance.
Limits and practical use
A usufruct cannot be sold or inherited: it ends with the usufructuary’s death. It is most often used to protect a foreign spouse when the land is held by the Thai spouse, or in combination with a long-term lease. The terms — who pays taxes and upkeep, whether letting is allowed — are fixed in the agreement at registration.
How this works with us
In villa deals we treat the usufruct as one of the buyer-protection tools alongside leasehold and superficies. Partner lawyers draft the agreement, verify the land title and register the right at the Land Department so that it holds against any future owner of the plot.
Frequently asked questions
For what term is a usufruct registered?
For a fixed term of up to 30 years, or for the usufructuary’s lifetime. The lifetime version is most often used to protect a foreign spouse.
Can property under a usufruct be rented out?
Yes — the usufructuary is entitled to the property’s income, including rent. The practical details are best written explicitly into the registered agreement.
What happens to a usufruct when the land is sold?
The right survives: a registered usufruct encumbers the plot and holds against the new owner until the term ends or the usufructuary dies.
Primary source: Krisdika — Thai law compendium
See it on a real property
Terms matter when there is an actual deal behind them. We will show how this one works on a project from the catalogue — documents and numbers included.
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