What Is a Right of Superficies & When Might It Matter?

A superficies is a legal right that can allow a person to own a building, structure or plantation on land owned by someone else. It may be relevant where a foreign buyer owns or constructs a villa but cannot own the land. The term, registration, transferability, succession, compensation and relationship with any lease must be reviewed together. It is not a universal solution and should be drafted for the actual title and transaction.

Never let a sales label replace the registered documents. Ownership, occupation, control, rental and inheritance are separate questions. The correct structure depends on the buyer, property and current Thai law, and should be confirmed in writing by an independent Thai lawyer.

This is general guide information only; obtain current independent Thai legal, tax, financial or technical advice for the specific transaction.