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HomeProperty LawLeasehold, Usufruct
How We Help
Leasehold, Usufruct
& Superficies
When a foreign national cannot own the land, the answer is a long-term registered right over it. We advise on which right fits, draft it from your side, negotiate the landowner’s version, and register it against the title — and we are straight with you about how far each one is enforceable over time.
The Three Rights
Three ways to hold land you cannot own
Thai law gives a foreign national several registrable rights over land owned by someone else. Each does a different job, each is registered against the title deed, and each has a limit that needs to be understood before it is chosen.
The right structure is often a combination — the building held one way, the land another.
Registered Lease
A defined term of up to 30 years, registered against the title. Can be structured to allow assignment, sublease and succession — if the contract is drafted for it.
Usufruct
A right to possess, use and take the fruits of land owned by another, for life or for a term. Registered against the title and strong while it lasts; it ends on the holder's death.
Superficies
The right to own buildings or structures on land belonging to someone else. Lets a foreign national hold the house as a legal right separate from the land under it.
What We Do
The scope of work on a long-term right
From choosing the right through to registration at the Land Office, this is the work.
- Advice on which right — or combination of rights — actually achieves what you need
- Drafting the lease, usufruct or superficies agreement from the tenant or holder's side
- Negotiation of a developer's or seller's standard document, clause by clause
- An honest written assessment of renewal options and how far they are truly enforceable
- Title and encumbrance checks on the land the right will sit over
- Structuring building ownership separately from land ownership where that helps
- Registration of the right against the title deed at the Land Department
- Coordination with wills so a term right or superficies passes as intended
Where It Goes Wrong
What weakens a long-term right
These rights are only as good as the document that creates them and the registration that records them.
“90-Year Lease” Marketing
A registered lease is capped at 30 years. Renewal beyond that is a contractual promise, not a registered right, and does not automatically bind a new landowner.
The Landowner's Own Document
Standard leases and usufructs supplied by a developer or seller are written to protect the land, not the person taking the right. They are a starting point for negotiation, not a form to sign.
Nothing Registered
A right that is never entered on the title deed is far weaker against a future owner, a mortgagee or a creditor of the landowner.
No Plan for Death or Resale
A usufruct ends on death and a lease may not be freely transferable. If the document is silent on what happens next, the value can disappear at the worst moment.
Our Commitment
How we handle a long-term right
The value of these rights is in the detail and in the honesty about their limits. That is what we hold to.
- We act for the person taking the right, never for the landowner on the same matter
- We tell you in writing where the enforceable protection ends and the goodwill begins
- We never describe a renewable 30-year lease as a guaranteed longer term
- Every right we prepare is drafted to be registered, not left as a private contract
- We address death, resale, transfer and default in the document, not by omission
- A written scope and fee estimate is provided before you instruct us
Before You Instruct Us
Where to be before the first conversation
None of this is a prerequisite to calling us. It is what makes the advice sharper.
- Know whether you need the land, the building, or both
- Know how long you realistically need the right to last
- Have any draft lease or agreement the other side has already provided
- Understand that a registered lease is capped at 30 years
- Be prepared for the right to be registered at the Land Office
- Consider how the right should pass if you die or want to sell
Before You Instruct Us
Questions clients ask
Q
Which right is best — a lease, a usufruct or a superficies?
It depends on what you are trying to achieve. A registered lease of up to 30 years gives a defined term and can be assigned or sublet if the contract allows. A usufruct gives a lifetime right to use and take the benefit of the land, ending on death. A superficies gives the right to own buildings on land belonging to someone else. Many arrangements use two of these together — for example a superficies over the house plus a lease or usufruct over the land. We advise on the combination that fits your situation before anything is drafted.
Q
Is a 30-year lease really 30 years plus 30 plus 30?
No. Thai law registers a lease of immovable property for a maximum of 30 years. A contractual promise to renew is not automatically binding on a future owner of the land and is not registered against the title. A renewal option has value, but it should be understood as a contractual undertaking that depends on the other party honouring it — not as a guaranteed 90-year term. We will tell you plainly where the enforceable protection ends.
Q
Can a developer's standard lease just be signed as it is?
We would not advise it. Developer and seller leases are drafted for the landowner. We regularly find clauses on renewal, transfer, death, resale, service charges and forfeiture that materially weaken the tenant's position. The point of instructing us is to negotiate those before signature.
Q
Does the right need to be registered at the Land Office?
Yes, for it to have full effect. A lease over three years, a usufruct and a superficies must be registered against the title deed at the Land Department to bind third parties and survive a change of landowner. An unregistered arrangement is weaker and, in some cases, only enforceable for a limited period.
Q
Can you handle this if I am not in Thailand?
Yes. Drafting, negotiation and title checks are done remotely. Registration at the Land Office is handled in person, either with you present or under a properly drawn power of attorney.
Related Resources
Long-term land rights in Thailand
The factual detail behind each right lives in the Property Law guidance.
Leasehold Property in Thailand
→Guide: how registered leases work, the 30-year cap and the renewal question.
Usufruct in Thailand
→Guide: the lifetime right to use and benefit from land owned by another.
Superficies in Thailand
→Guide: owning a building as a right separate from the land beneath it.
Buying Property With a Thai Spouse
→Where a usufruct or superficies protects a foreign partner's position.
Lawyers for Expats Thailand, 2026. This page is general information about leasehold, usufruct and superficies rights in Thailand and does not constitute legal advice. The right structure and its enforceability turn on individual circumstances. Contact us for advice on your specific situation.