Real estate—Thailand—Q&A guide
Real estate—Thailand—Q&A guide

The following Property practice note provides comprehensive and up to date legal information covering:

  • Real estate—Thailand—Q&A guide
  • 1. How would you explain your jurisdiction’s legal system to an investor?
  • 2. Does your jurisdiction have a system for registration or recording of ownership, leasehold and security interests in real estate? Must interests be registered or recorded?
  • 3. What are the legal requirements for registration or recording conveyances, leases and real estate security interests?
  • 4. What are the requirements for non-resident entities and individuals to own or lease real estate in your jurisdiction? What other factors should a foreign investor take into account in considering an investment in your jurisdiction?
  • 5. If a non-resident invests in a property in your jurisdiction, are there exchange control issues?
  • 6. What types of liability does an owner or tenant of, or a lender on, real estate face? Is there a standard of strict liability and can there be liability to subsequent owners and tenants including foreclosing lenders? What about tort liability?
  • 7. How can owners protect themselves from liability and what types of insurance can they obtain?
  • 8. How is the governing law of a transaction involving properties in two jurisdictions chosen? What are the conflict of laws rules in your jurisdiction? Are contractual choice of law provisions enforceable?
  • 9. Which courts or other tribunals have subject-matter jurisdiction over real estate disputes? Which parties must be joined to a claim before it can proceed? What is required for out-of-jurisdiction service? Must a party be qualified to do business in your jurisdiction to enforce remedies in your jurisdiction?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to real estate in Thailand published as part of the Lexology Getting the Deal Through series by Law Business Research (published: September 2020).

Authors: Nagashima Ohno & Tsunematsu (Thailand)—Shunsuke Minowa; Yothin Intaraprasong; Poonyisa Sornchangwat ; Chattong Sunthorn-opas

1. How would you explain your jurisdiction’s legal system to an investor?

Thailand adopts a civil law system in which laws are codified in statutes. While the courts can exercise some discretion to achieve an equitable outcome, Thailand does not have separate equity courts.

Before or during trial, it is possible for the parties to request the court to grant an injunction. Provisional seizure is also available.

Thai laws generally have a nationwide effect with regard to real estate.

Oral contracts are generally enforceable unless otherwise required by law to be made in a written form and be admissible in court. The only difference is the relative difficulty of proving the existence of an oral contract in court, but Thailand does not recognise the parol evidence rule.

2. Does your jurisdiction have a system for registration or recording of ownership, leasehold and security interests in real estate? Must interests be registered or recorded?

Thailand has a nationwide real property registration system and transactions are generally required to be registered with the competent land office, otherwise it shall be deemed void. Ownership, leasehold (for more than three

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