The Right of Superficies allows a person (the superficiary) to own buildings, structures, or plantations on land owned by someone else. It can be granted by agreement with the landowner and must, similar to a usufruct, be registered on the land title deed at the Land Office. As a registered real right under Section 1412 of the Thai Civil and Commercial Code, it is enforceable against third parties and future owners of the land. A superficies may be created for up to 30 years, for the lifetime of the landowner, or for the lifetime of the superficiary. If created for a fixed term, it can be renewed upon expiration.
Once endorsed on the title deed, the superficies legally separates ownership of the land from ownership of anything built or planted on it. This means the superficiary (not the landowner) holds legal ownership of all structures and plantations for the term of the agreement.
Superficies Document Package (ZIP) includes: