Where outright ownership is not available, three registrable rights remain. Each grants something different and each has its own limits.
Foreigners cannot own Thai land, and some Thai buyers also choose these arrangements over outright purchase. Three rights can be registered at the Land Office, and the differences matter before choosing one.
Land or buildings can be leased for up to 30 years at a time, registered at the Land Office.
Any lease over three years must be registered to be enforceable for its full term. Unregistered, it is enforceable for three years only.
The part to understand: a renewal clause for a further 30 years is not automatically binding. Thai courts have held that a promise to renew does not bind a new owner of the land. If the owner sells during the term, the buyer may not be obliged to grant the renewal.
A lease can be assigned if the contract allows, and can pass by inheritance in some circumstances.
A right to use and take the fruits of another person's land, registrable for the holder's lifetime or for a fixed term of up to 30 years.
Its advantage over a lease is that a lifetime usufruct can run well beyond 30 years, and the holder may sublet.
Its limit is that the right ends when the holder dies. It cannot be inherited.
It is commonly used where a Thai spouse holds the land and a lifetime usufruct is registered in favour of the foreign spouse.
A right to own buildings on land belonging to someone else, registrable for life or for up to 30 years.
This is the right that lets a foreigner genuinely own a house in their own name while the land belongs to another party.
Unlike a usufruct, it can be inherited, and it can be transferred.
In practice it is usually registered alongside a 30-year land lease, so the holder has rights in both the building and the ground it stands on.
All three must be registered at the Land Office. A privately signed agreement does not bind third parties and does not appear on the reverse of the deed.
An unregistered right is a right the next buyer of the land need not recognise.
Registration fees are based on value and duration; ask at the Land Office beforehand so the full cost is known.
Because these structures turn heavily on how the contract is drafted, use a lawyer who works in this area rather than a template.
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