In general, foreign land ownership in Thailand is prohibited and a foreigner who personally or through an agent (nominee) violates foreign land ownership restriction is liable for fines and imprisonment stated under (section 111 Land Code Act).
However, a foreigner may have the rights to acquire a land under three conditions;
Through marriage with a Thai national, thus the ownership of the land should be under the Thai spouse.
Through an ownership of a company that is establish on the land.
Through lease for a long term but will not exceed 30 years
Property ownership in Thailand is complex and for the better part unregulated, therefore it requires the use of property lawyer who can guide you through the process, for instance, if an alien wishes to acquire land and build a house , he/she should obtain a long term lease on the land A foreigner can safely acquire the right to use the land and register the right for a long term at the Land Department, this is somehow the preferred method of acquiring land through the process of leasehold since a foreigner cannot claim ownership over land as freehold.
What course of action should a foreigner consider before buying a property in Thailand?
Keep in mind that when putting your hard earned money to purchase or even venturing for an investment property in Thailand, you must carefully plan your steps in the process before you even sign any deposit agreement or contract, it is highly advisable that you should consult first with a lawyer or legal advisor to advise you with the accurate procedures and things that concerns property mortgages and taxation, remember to educate yourself and familiarize the legal process when acquiring a property in Thailand.
