Usufruct is a civil law concept. Under Thai law, it is a real property right attached to immovable property, under which the owner grants another person exclusive but temporary possession, use, and enjoyment of the property (governed by the Civil and Commercial Code, Sections 1417–1428).
What is a right of usufruct in Thailand
Usufruct in Thai Property Law สิทธิเก็บกินในกฎหมายทรัพย์สินของไทย
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The essence of a usufruct (Section 1417) is that it transfers the rights of possession, use, enjoyment, and management of an immovable property from the owner to the usufructuary (the person granted the usufruct). It provides strong rights, but also obligations that are normally associated with ownership—especially the right of management and the right to obtain benefits from the property. Usufruct is governed by Sections 1417 to 1428 of the Civil and Commercial Code.
A usufruct may be created for a fixed period of time or for the lifetime of one or more persons (Section 1418 of the Civil and Commercial Code). However, it cannot be established for a period exceeding the lifetime of a natural person, nor can it be created for the lifetime of an unborn child.
Where a usufruct is granted to a juristic person, its duration may not exceed 30 years.
Even when a usufruct is created for a fixed term, it ultimately depends on the life of the usufructuary. Section 1418 expressly provides that “in any case, the usufruct comes to an end upon the death of the usufructuary.”
A usufruct is non-transferable and does not pass by inheritance. In this respect, it differs from rights such as superficies, which grant the right, for a specified term, to use another person’s land for building or to acquire buildings or structures in, on, or above that land.
A usufruct grants the right to use and enjoy the “fruits” of an immovable property. The usufructuary, acting as the manager of the property, holds management rights comparable to those of the owner and may legally rent out the property.
In principle, this may include the right to register a lease agreement exceeding three years with the Land Department. However, where the usufructuary is a foreign national, Thai Land Offices generally refuse to register such long-term lease agreements, as foreigners are prohibited from owning and managing land in Thailand. These rights are not conferred through a usufruct.
In practice, foreigners holding a usufruct may rent out the property for periods of no more than three years at a time, unless they are able to successfully register a longer lease with the competent Land Office.
Where a property subject to a usufruct is rented out by the usufructuary, the lease is not automatically terminated upon the termination of the usufruct (SCJ 2297/2541). A lease agreement may therefore survive the end of the usufruct.
Obligations and responsibilities / หน้าที่และความรับผิดของผู้ทรงสิทธิเก็บกิน
Under Thai usufruct law, the usufructuary has several obligations—such as duties relating to maintenance and management, damage and liability, insurance, repairs, the condition of the property, and relevant taxes and expenses—many of which would normally fall on the owner. These responsibilities are set out in the Civil and Commercial Code provisions on usufruct (see the translated Sections below this article).
Registration of the right of usufruct / การจดทะเบียนสิทธิเก็บกิน
A usufruct can be created only over an immovable property with a registrable title deed under the Land Department system (for example, land title deeds and other registrable title documents). The usufruct must be made in writing, and it becomes legally effective (valid and enforceable) only upon registration with the Land Office, pursuant to Section 1299 of the Civil and Commercial Code.
Once registered, the usufruct is endorsed on the owner’s title deed copy and recorded in the official land title register maintained by the Land Office.
A usufruct may be granted for consideration or gratuitously (as a gift). Registration fees are generally 1% plus 0.1% stamp duty calculated on the stated consideration. Where the usufruct is granted without payment, registration commonly costs around 100 THB per plot (approx.).
In practice, usufruct in Thailand is commonly used by foreigners married to Thai nationals. Its primary purpose is to protect the foreign spouse’s interest in the marital home (land and house) that is registered in the name of the Thai spouse.
Nevertheless, usufruct can still serve as a practical legal tool to protect a foreign spouse’s position—for example, where the Thai spouse predeceases the foreign spouse. In such a case, the registered usufruct allows the foreigner to continue using and benefiting from the property within the scope of the registered right.
In practice, some local Land Offices will only accept and register the official government standard (short-form) usufruct instrument (typically a one-page, Thai-language form with the Garuda emblem), and may refuse to register a separately drafted “custom” contract.
Another common reason a custom usufruct agreement may be rejected is that it contains clauses that are inconsistent with, or attempt to go beyond, what Thai usufruct law permits. The scope of options under Thai usufruct rules is relatively limited. For example, a usufruct drafted under German or French law may include additional rights or different concepts that are not registrable under Thai law.
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Can a usufruct be registered on land titles other than Chanote?
Short answer: Yes, in certain cases. In practice, a usufruct can be registered on a Chanote (Nor Sor 4 Jor) and on a Nor Sor 3 Gor (Nor Sor Sam Kor). Registration on a Nor Sor 3 (Nor Sor Sam) may be possible, but acceptance depends on the Land Office and the status of the land. Some offices may require conversion to Nor Sor 3 Gor or Chanote.
A usufruct cannot be registered on land titles that do not allow registration of rights, such as Sor Kor 1.
Is the private usufruct contract the same as the official registration document?
No. The private agreement between the parties is not the official registration document. The legal effect comes from registration at the Land Office and the entry on the land title / registry.
The contract is a supporting document and governs many rights and obligations that do not appear on the land title.
Why does important contract content not appear on the land title?
Land titles usually show only the existence of the registered right and basic registration details. Detailed terms (maintenance, construction, insurance, compensation, etc.) remain in the private contract and supporting file.
Can a custom usufruct agreement be rejected by the Land Office — and is it still useful?
Yes. In practice, some Land Offices accept only the standard short-form usufruct instrument and may refuse clauses that go beyond what can be registered as a usufruct under Thai law.
If a document is not accepted for registration, it does not create a registered usufruct right by itself. However, it may still be useful as a private agreement between the parties and as evidence of the parties’ intentions or arrangements (for example, when explaining the background of payments or obligations), depending on the facts.
ThaiContracts Land and Building Usufruct (English / Thai)
FAQ: Usufruct, Marriage & Land Office Registration / คำถามที่พบบ่อย: สิทธิเก็บกิน ทรัพย์สินสมรส และสำนักงานที่ดิน
Is a Land Office “personal property” declaration proof in a Thai divorce?
Not necessarily. A declaration used for Land Office registration is an administrative document. In a divorce dispute, Thai courts apply the Civil and Commercial Code rules on marital property. Under CCC Section 1474, property acquired during marriage is generally treated as sin somros (marital property), and if there is doubt it is presumed to be sin somros. Evidence (including timing and source of funds) can become important.
See also Supreme Court Decision 1523/2565 (2022), confirming that Land Office registration/administrative declarations do not override the Civil and Commercial Code rules applied by courts in property disputes.
If the land is in the Thai spouse’s name, is a usufruct “safe” in a divorce?
A usufruct (สิทธิเก็บกิน) is a separate registrable real right recorded on the title deed/registry. However, in a divorce dispute, the court may still examine how the right was created and whether it forms part of the marital estate, especially if created during marriage.
Can a usufruct granted between spouses be cancelled (voided) under Thai law?
Potentially, yes. CCC Section 1469 provides that an agreement between husband and wife made during marriage may be voidable by either spouse during marriage or within one year after dissolution (subject to protection of good-faith third parties). Whether and how it applies depends on the facts and the structure of the registration.
What should foreigners keep as evidence if a dispute happens later?
Keep clear records: bank transfers, remittance/FET documentation (if applicable), loan papers, receipts, and a timeline of payments. If a court later examines whether something is personal or marital, CCC Section 1474’s presumption can make evidence important.
Note: This FAQ provides general information only and is not legal advice. Land Office practice and court outcomes depend on facts and documents. หมายเหตุ: ข้อมูลนี้เป็นข้อมูลทั่วไป ไม่ใช่คำแนะนำทางกฎหมาย ผลการจดทะเบียนและคำพิพากษาของศาลขึ้นอยู่กับข้อเท็จจริงและ เอกสารในแต่ละกรณี
