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Posted: 18 Jun 2009 | 6:58 am
Reading the recent media stories about comments attributed to the Director of the Land Department Anuwat Maytheewibulwut which caused a considerable uproar has resulted in Mr. Anuwat clarifying the facts. First and foremost is that the Land Code itself has had no amendment nor any revisions regarding foreign ownership of land.
Secondly with over 5.5 million transactions annually there are less then 1,000 complaints, in which case the department does conduct investigations. As clarified in the blog previously that ownership remains confined to either 49% of the salable floor space of a condominium project or else in a BOI (Board of Investment) scheme which has high investment thresholds such as hotels over 100 rooms and cannot be residential property.
In cases where a foreign national is married to a Thai, the Thai spouse is to provide written notification to the department that the property is from personal funds and not held together with a foreigner. He concluded his comments that currently both the land ownership issue and maximum lease period of 30 years is law and any amendments would come from the Government, with the Land Department only acting on legislation as it becomes law.
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With regard to foreigners and land ownership. What most foreiger just fail to understand is that any Thai or Farang can ruin your existence in a blink if he puts his heart to it. That is if he has money and the connections needed to pick any of the millions of Thai laws never enforced and to use these in a 'fabricated case'. As my own laywer states: 'there is no justice in Thailand'. To place your hard earned cash into a country where corruption is institutional carries a risk. If one can afford to take that risk, fine. If not, don't be surprised if one day you loose all.
Rant over :-)
Bill Barnett responds:
Has been interesting as the Land Department Director has gotten such bad press he came forward and started speaking to the media such as BKK Post, his original comments went abroad and created waves hence the clarity which is most likely a good thing. C