Leasehold in Thailand: 30-year leases, renewals, usufruct and superficies

A lease of land or a building can be registered at the Land Office for up to 30 years. Registration puts it on the back of the title deed, and it stays binding if the owner sells or dies.

A lease longer than three years that isn't registered is only enforceable for three years. Always register.

Registration costs 1% of the total rent for the whole term, plus 0.1% stamp duty.

Thai law caps a registered lease at 30 years. Promises to renew for further terms are contractual: they may bind the original owner, but whether they bind a new owner or heirs is uncertain, and a renewal has to be registered again when it starts.

When comparing prices, value a leasehold on its registered term. Treat renewal promises as a possible bonus.

Usufruct (สิทธิเก็บกิน): the right to use land and take its income, for a fixed term or for the holder's lifetime. It can't be transferred or inherited.

Superficies (สิทธิเหนือพื้นดิน): the right to own buildings on someone else's land, for a fixed term or a lifetime. Often used alongside a lease so that the house is clearly yours.

Servitude (ภาระจำยอม): a right over a neighbour's land — most often road access. Check that a plot you lease has registered access.

The rent and how it's paid (often all up front), the term, renewal terms, who owns buildings you construct, what happens at the end, the right to sublease or assign (important if you may sell), and what happens if the landowner dies or sells.

Have it drafted or reviewed by your own lawyer, in Thai and English.