The 4 Real Rights in Thailand

Right of Usufruct, Superfcies, Habitation and Servitudes,

In Thai property law, real rights are legal rights attached directly to a piece of real estate, as opposed to contractual rights, which are linked to specific individuals. Common real rights in Thailand include usufruct, superficies, habitation, and servitude. These rights carry the principle of droit de suite, meaning that if the property is transferred — whether by sale, inheritance, or bankruptcy, the rights remain attached to the property and continue to be enforceable against the new owner or any third party. They also follow the rule of droit de priorité, which gives priority to older registered rights over newer ones when multiple rights are recorded on the same property. Under Thai law, no real right is valid or enforceable unless it is made in writing and properly registered with the competent official at the Thai Land Office.

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• Usufruct contract
• Superficies contract
• Habitation contract
• Servitude contract
• Sap Ing Sith similar non-civil-code right

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Usufruct Contract in Thailand

Under sections 1417 to 1434 of the Thai Civil and Commercial Code, the right of usufruct allows the owner of an immovable property (such as land, a house, or a condominium) to grant another person the legal right to possess, use, enjoy, manage, and benefit from (“take the fruits” of) that property for a limited period. Usufruct is often described as a form of temporary ownership or a life estate under Thai property law.

A usufruct in Thailand is a registered immovable property right created by a legal agreement between the owner and the beneficiary. To be valid and enforceable, the usufruct contract must be in writing and registered at the local Thai Land Office on the property’s title deed. In practice, the Thai-language version of the agreement is recorded as a “memorandum of usufruct” in the official Land Office registers and noted on both the original title deed held by the Land Registry and the owner’s copy.

Once registered, a usufruct follows the freehold title of the property and is not terminated by transfer of ownership, bankruptcy, or the death of the “naked” owner. A usufruct may be granted for a fixed term of up to 30 years or for the lifetime of the beneficiary. As a personal right, it always ends upon the death of the person (or the last surviving person) granted the right of usufruct.

Contract Download

• Download a Thai English Usufruct Contract

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Superficies Contract in Thailand

In Thai property law, the right of superficies is a transferable and inheritable legal interest in land that allows a person to own or acquire buildings or other constructions located in, on, or above land owned by another party. This right legally separates the ownership of any structure or plantation from the ownership of the underlying land. A superficies can be registered as an independent right or in combination with a long-term land lease. For many investors, a combination of a registered superficies and a 30-year land lease is the preferred structure to protect long-term land 'leasehold' property investments in Thailand.

A superficies in Thailand is created by agreement with the landowner and, similar to a usufruct, must be registered on the property’s title deed at the Thai Land Office to be valid and enforceable. As a registered real right, a superficies follows the freehold title of the land and remains enforceable against third parties and any future owners of the land. It may be granted for a fixed period of up to 30 years, for the lifetime of the landowner, or for the lifetime of the superficiary (the person granted the right). If granted for a fixed term, the superficies can be renewed upon expiration in accordance with Section 1412 of the Thai Civil and Commercial Code.

The person holding the right of superficies has the legal right to transfer it to another party, and if the superficies is registered for a fixed term, it can also be inherited by the superficiary’s heirs.

Contract Download

• Superficies contract (Th-En)

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Right of Habitation in Thailand

In Thai property law, the right of habitation grants a person the legal right to live in a house without paying rent to the owner. If payment is made for the use of the property, the arrangement is legally considered a rental (tenancy) rather than a habitation right.

A habitation right can be created for either a fixed period or for the lifetime of the grantee (the person receiving the right). When granted for a fixed term, the law limits this period to a maximum of 30 years; any longer term specified in the agreement will be legally enforceable for only 30 years. The right of habitation may be renewed for additional periods, each not exceeding 30 years from the date of renewal.

Unlike other real rights in Thailand, the right of habitation is strictly personal: it cannot be transferred to another person, and it does not pass to heirs by way of inheritance.

Read more...:

• Right of Habitation laws in Thailand

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Servitude Contract in Thailand

In Thai property law, a servitude—often in the form of a right of way—is similar to an easement in English law. It is a non-possessory interest in land governed by Sections 1387 to 1401 of the Thai Civil and Commercial Code. Section 1387 defines it as: “An immovable property may be subject to a servitude by virtue of which the owner of such property is bound, for the benefit of another immovable property, to suffer certain acts affecting his property or to refrain from exercising certain rights inherent in his ownership.” Servitude typically involves two or more separate parcels of land—one burdened (the servient property) and one benefited (the dominant property).

A servitude in Thailand can create various benefits and obligations, but it most commonly grants the right to use a neighboring well, to cross adjoining land via an access road, to lay irrigation channels, pipelines, or utilities over a neighboring plot, or to impose building restrictions on an adjacent property. When registered as a right of way, a servitude is especially important for landlocked plots—properties surrounded by other plots without direct access to a public road. In such cases, a registered servitude over adjoining land ensures uninterrupted and legally protected access to the dominant property.

Read more...

• More about servitude in Thailand

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Sap Ing Sith (สิทธิเสริมทรัพย์) in Thailand

The Sap Ing Sith Act B.E. 2562 (2019) introduced a new type of registered property right in Thailand. Sap Ing Sith grants the holder the legal right to use and benefit from immovable property owned by another person for a maximum period of 30 years. It can only be created over land with a full ownership (chanote) title deed (or titled condominium unit) and must be registered at the Land Office.

Key features of Sap Ing Sith

• Created under a special act, separate from the Civil and Commercial Code.
• Registration required at the Land Office; valid only over full private ownership (chanote (Nor Sor 4 Jor) land/ licensed condo).
• Strong 30-year right to use another person’s real property.
• Transferable and inheritable for the remaining term without landowner involvement.
• Ends automatically after 30 years (no renewal provided in the Act).
• No statutory compensation for buildings or improvements at expiry.
• Contractual compensation may be agreed and registered, but long-term enforceability after 30 years remains uncertain.

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Various juristic acts and rights concerning immovable properties must be in writing and in Thai script (with or without an English translation) and require registration by the competent authorities (i.e. the Land Department) to be complete and enforceable.

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References

Real estate law

Thailand registered land contracts

The right of Superficies (sections 1410 to 1416 of the civil and commercial code) is a transferable and inheritable interest in land giving the superficiary (the person(s) to whom a right of superficies is granted) for a specified term the right to own or acquire buildings construction in, on or above the land owned by another. Foreign and Thai nationals can obtain a right of superficies by agreement with the owner of the land and registration with the Thailand Land Registry.