Real rights: laws governing the right of superficies

The owner of a piece of land may create a right of superficies in favour of another person by giving him the right to own, upon or under the land, buildings, structures or plantations (section 1410. Where normally the owner of the land is the owner of the things fixed to it, the right of superficies legally separates ownership over the land and in case of real estate ownership over the building upon the land. The right of superficies (สิทธิเหนือพื้นดิน) may be constituted for the benefit of an existing building or a building under construction and specifies the terms and conditions upon which the right of superficies is granted (read more....

The real right of superficies is not complete until signed, witnessed and registered with the local branch or provincial land office where the land is located (section 1299 Civil and Commercial Code). By registration on the land title deed the right of superficies becomes a real right attched to the land, as opposed to a contractual right. By registration in the land office registers the public is put on notice of the existence of the superficies burden and the superficies becomes enforceable against third parties such as any transferee owner.

See also