Real Estate and Property in Thailand – Legal Information For Prospective Property Buyers

Thailand is one of the most exotic and beautiful locations in the world. For this reason, it is one of the top tourist destinations and continues to draw new arrivals each year. Many of those coming to Thailand eventually decide to remain in the country as expatriates. When seeking to relocate to any country, the issue of home ownership becomes a paramount concern. Hopefully this piece will shed light upon some of the many facets of Thai Property Law.

Obtaining Real Estate or Property in Thailand

In order to stay in Thailand for the long term many people opt to buy Thai Real Estate. Owning a home in Thailand can be a bit of a risky enterprise since Thailand has many laws that preclude foreign ownership of land. However, there are some ways in which a non-Thai can own or control Thai property.

Thailand Condos

Condos in Thailand are a popular choice for many expats. Under Thai law a foreigner is allowed to own a Thai Condominium provided the Condo meets certain requirements laid out in the Thailand Condominium Act.

Thai Real Estate Lease

A long term lease of Thai Real Estate is another attractive option to many prospective foreign Property owners in Thailand. However, there is some misunderstanding regarding Thai leases. Many people believe that Thai leases are automatically renewable and they can last for over 30 years, this is simply not the case.

Thailand Usufruct

A usufruct of Thai property is another possibility. This is much like a life estate under the common law system in that a usufruct can grant a person the right to the use of land for life. There are many formalities that must be kept in mind when drafting a usufruct which is why it is advisable to have a lawyer prepare a usufruct.

Thai Company Formation for Property Ownership

Another method of “owning” property in Thailand is having a Thai company own the property and have a disproportionate number of voting shares allotted to the non-Thai property “owner,” this method allows a non-Thai to keep control of the property while still adhering to Thai law.

For interesting insights regarding Thai Real Estate and Property Legal issues please see: http://hubpages.com/hub/Buying-Property-or-Real-Estate-in-Thailand

The legal system of Thailand is complex body of regulations and rules. As with any legal structure used to own real estate, it is wise and recommended that a competent lawyer draft all documents and conduct due diligence research in order to make sure ones interests are fully protected.

Injury Lawyers and Legal Information (Car Accidents, Slip and Falls, Etc)

Ajax and Whitby are communities that have grown dramatically in recent times. While some injury lawyers have opened offices in the area, there is not the same presence of injury lawyers as there is in larger financial centers like Toronto, Ontario. While you may ultimately choose to retain a lawyer that practices in Ajax or Whitby, it can be a good idea to meet with at least one lawyer in Toronto or the surrounding area to see a contrast between the available law firms and the available resources to invest in your case. Injury cases often require significant financial investments by the law firm, and it can often be important to know whether the law firm has the financial resources necessary to represent you to the conclusion of the lawsuit.  

However, you do want to ensure that you hire a lawyer who is willing to come to Ajax or Whitby as necessary. Some lawyers in Toronto will commence your lawsuit in Toronto, which will mean that you will have to make a number of trips into Toronto. However, others who have a number of cases in Ajax/Whitby, are happy to start the lawsuit in Ajax/Whitby, have the discoveries in Ajax/Whitby (ie: at Durham reporting) and to have the trial there. This is an important question to ask. Some Toronto lawyers are quite willing to hold some meetings in Ajax/Whitby when necessary.

Ideally, you do not want a Toronto lawyer who thinks of themselves as a “big city lawyer”. Ajax/Whitby are still relatively small communities, and a lawyer may need to eat a “slice of humble pie” before getting up to address a jury made up of members of the community. You may well need to consider that and to consider how to strike a balance between the need for a firm with financial resources and a lawyer that a jury will listen to.

When you first speak with the lawyer, ask them whether they have cases in Ajax and Whitby. You should also ask them what types of cases they have handled (ie: car accident, slip and fall). Ask them to send you some decisions in cases that they have argued.

Attorneys – Legal Information On Filing A Lawsuit

The constitution was put in place to protect your rights as a human being, occasionally people are treated wrongfully and need to protect their own rights. You do this by filing a lawsuit against those who have wronged you. Filing a lawsuit has many steps to take to accomplish what you want so knowing those steps is the best way to approach your case.

The very first step in filing a lawsuit is filing the original complaint and the issuing of a summons. These two things will outline what it is that has happened to you, who it is you are filing the lawsuit against, and also what you are wishing to receive from the court system as a sort of relief or payment for your grief. After these two things are filed and issued the clerk of courts then informs the person that is being issued the lawsuit of the suit. After informed the defendant is informed of this they will give their answer to the summons which will most likely be an acceptance of the lawsuit or a countersuit where they will claim that the matter was actually caused by the prosecution.

After the defendant has filed their answer with the courts the case is officially opened and the discovery process begins. The discovery process is when both sides will begin to gather evidence to back up their side of the matter. This evidence must be registered and exchanged so that both sides are protected in a lawful way and may not be ambushed by hidden evidence or a secret withheld witness.

At this point something called a pretrial conference may be held with the judge that will be presiding over the lawsuit. The pretrial conference is set in place to minimize delays in the courts and is usually set around a week before the trial actually starts. The pretrial conference is also used so that a settlement may be negotiated if that is what both the prosecution and the defense want.

After all these different steps have happened the trial is able to begin. Witnesses are able to be questioned from both the prosecution and the defense. And the evidence is presented from both sides so that the proper outcome may be decided. The judge will then give the jury instructions on how to deliberate on the matter. The jury will then decide and the case will either reach what is called a verdict or a deadlock.