Two lawful rights that are rarely offered and often better than what is.
Usufruct
A usufruct (สิทธิเก็บกิน) gives you the right to possess, use and take the income from land
you do not own. Live in the house, or rent it out and keep the rent.
Registered on the title deed, and available either for a fixed term up to 30 years or for your lifetime. That second option is the interesting one — it does not expire in 30 years.
It ends when you do.
Like a registered lease, it survives a sale of the land.
Where it fits best: you are married to a Thai national who owns the land. A lifetime
usufruct registered in your favour at the time of purchase means you keep the right to live
there and to rent it out, whatever happens to the marriage. It is the single most useful thing
most foreign spouses in Thailand never do.
Limits: it is personal, so it cannot be inherited, and it ends on your death. You are
responsible for maintenance.
Superficies
A superficies (สิทธิเหนือพื้นดิน) is the right to own buildings on someone else’s land. Up
to 30 years or for a lifetime — and unlike a usufruct, it can be inherited.
Which one
| Situation | Consider |
|---|---|
| House on leased land | Registered lease plus superficies for the building |
| Married to a Thai landowner | Lifetime usufruct in your name |
| You want it to pass to your heirs | Superficies, not usufruct |
| You want rental income from land you don’t own | Usufruct |
These are ordinary instruments in the Civil and Commercial Code, registered in the same visit
as everything else, and far cheaper than running a company. They are simply less profitable to
arrange, which is why they are offered less often.