Ownership & the law
Three registered rights that sit alongside a lease and quietly decide whether you own your villa, how long you can live in it, and whether you can reach it by road.
In short
- These are registered rights over land someone else owns. They are recorded on the title deed and bind any future owner of the land.
- A superficies lets you own the house on leased land. It’s the standard partner to a villa lease on Koh Samui.
- A usufruct lets you use the land and keep its income, for a term of up to 30 years or for life. It ends when you die and can’t be sold.
- A servitude gives your land a right over a neighbour’s, most often legal road access. A plot without one can be hard to build on or sell.
- A newer right, Sap Ing Sit, gives up to 30 years’ use that can be sold and inherited, but it can’t be renewed and is still rarely used.
- None of them is complete until it is registered at the Land Office.
When you buy a villa or a plot on Koh Samui, your lawyer’s documents will mention a lease and usually one or more of these three rights. They sound obscure, but they matter: they decide whether the house belongs to you or the landowner, what happens to your home if you die, and whether you can legally drive to it. This guide explains each in plain English, with the Thai law behind it and the way they are used on the island. For the bigger picture, read freehold vs leasehold in Thailand first.
General information, not legal advice. Your lawyer should choose and draft the right structure for your purchase. See property lawyers in Koh Samui.
What these rights are
Thai law distinguishes between a personal right, which binds only the person who signed a contract with you, and a real right, which attaches to the land itself. A lease is mainly a contract. Superficies, usufruct, servitude and habitation are real rights: once registered on the title deed, they bind whoever owns the land, today or in the future.
The law
A real right created by contract is not complete unless it is made in writing and registered with the competent official.
Civil and Commercial Code, section 1299
That is why registration matters so much. An unregistered superficies or servitude may only be enforceable against the person who signed it, not against a buyer of the land or the landowner’s heirs.
Thai terms you’ll see on your documents
Contracts and title deeds use the Thai legal names. This is what they mean:
| Thai | Say it | In English | What it is |
|---|---|---|---|
| ทรัพยสิทธิ | sap-pha-ya-sit | Real rights | The umbrella term for registered rights over land |
| ทรัพย์อิงสิทธิ | sap ing sit | Property-based right | A tradeable right to use land or a condo for up to 30 years (see below) |
| สัญญาเช่า | san-ya chao | Lease | Your right to use the land for up to 30 years |
| สิทธิเหนือพื้นดิน | sit-thi nuea phuen-din | Superficies | Ownership of buildings on someone else’s land |
| สิทธิเก็บกิน | sit-thi kep-kin | Usufruct | Use of the land and its income |
| สิทธิอาศัย | sit-thi a-sai | Habitation | The right to live in a building |
| ภาระจำยอม | pha-ra jam-yom | Servitude | A right over a neighbour’s land, such as access |
| ภาระติดพันในอสังหาริมทรัพย์ | pha-ra tit-phan | Charge on immovable property | A right to regular payments or benefits from the land |
| โฉนดที่ดิน | cha-not thi-din | Chanote title deed | The full land title these rights are registered on |
The last of the registered rights, a charge on immovable property, gives someone the right to regular payments or benefits from the land, for example an annual sum. It is rarely used in property purchases on Koh Samui. If you see one recorded on a title deed, ask your lawyer exactly what it means before you buy.
The rights at a glance
| What it gives you | How long | Passes to heirs? | Can you sell it? | |
|---|---|---|---|---|
| Lease | Use of the land under a contract | Up to 30 years per registration | Depends on the lease | With the landowner’s consent, unless the lease allows it |
| Superficies | Ownership of buildings on the land | A term of up to 30 years, or for life | Yes, unless the deed says otherwise | Yes, unless the deed says otherwise |
| Usufruct | Use of the land and its income | A term of up to 30 years, or for life | No: it ends on your death | No |
| Habitation | The right to live in a building | A term of up to 30 years, or for life | No | No |
| Servitude | A right over a neighbour’s land, such as access | Can be permanent | It belongs to the land, so it passes with it | It passes with the land |
Superficies: owning the house on leased land
A superficies gives you the right to own buildings, structures or plantations on, above or below land that belongs to someone else. On Koh Samui it is the standard partner to a villa lease: the lease lets you use the land, and the superficies makes the villa itself yours.
The law
A landowner may grant a superficies: the right to own buildings, structures or plantations on, above or under the land. It may be granted for a fixed term or for the lifetime of the landowner or the holder. A fixed term cannot exceed 30 years, and may be renewed.
Civil and Commercial Code, sections 1410–1412
Why it matters in practice:
- Without a superficies, Thai law presumes that buildings on land belong to the landowner. If your lease ended early, or a dispute arose, the house you paid for could legally be theirs.
- With a registered superficies, the building is yours. Unless the deed says otherwise, a superficies can be sold and passes to your heirs, which makes a leasehold villa easier to sell and to leave to your family.
- When you build, the superficies lets the building permit and the house be registered in your name from the start.
Superficies
You own the house
Best for: leasehold villas, building your own home
- Term
- Up to 30 years, or for life
- Inheritance
- Yes, unless excluded
- Selling
- Yes, unless excluded
- Typical partner
- A 30-year land lease
Usufruct
You use the land
Best for: couples, family land, a lifetime home
- Term
- Up to 30 years, or for life
- Inheritance
- No, ends on death
- Selling
- No
- Income
- You can let it and keep the rent
Usufruct: using the land and keeping its income
A usufruct gives you the right to possess, use and enjoy a property, and to take its income. You can live in the house, rent it out and keep the rent, much as an owner would. But it is personal to you.
The law
A usufruct may be created for a fixed term or for the holder’s lifetime. If no term is set, it lasts for life. A fixed term cannot exceed 30 years, and may be renewed. It ends when the holder dies.
Civil and Commercial Code, sections 1417–1418
How usufructs are used on Koh Samui:
- Couples. A Thai spouse owns the land, and the foreign partner holds a lifetime usufruct, so they can always live there and keep any rental income.
- Family land. A family lets a buyer use a plot for a term without selling or leasing it.
- Retirees who want a secure home for life and aren’t concerned about resale.
Watch out
A usufruct is not a substitute for ownership.
- It ends on your death and can’t be left to your heirs or sold to a buyer.
- The Land Office may refuse combinations, such as a 30-year lease plus a lifetime usufruct plus an option to buy, that look like a disguised transfer of land to a foreigner.
Servitude: access and utilities across a neighbour’s land
A servitude is a burden on one plot for the benefit of another. The classic example on Koh Samui is a hillside plot whose only road crosses a neighbour’s land. A registered servitude gives your plot, and every future owner of it, the right to use that road. Servitudes also cover water pipes, power lines and drainage.
The law
Land may be subjected to a servitude, under which its owner must allow certain acts, or refrain from certain rights, for the benefit of another plot. A servitude is extinguished if it is not used for 10 years.
Civil and Commercial Code, sections 1387 and 1399
Two things to know:
- A servitude belongs to the land, not to you. It passes automatically when the land is sold, so it protects your resale as well as your daily access.
- Landlocked plots can ask a court for a “way of necessity” to the public road, with compensation to the neighbour, under section 1349. It is slow and uncertain. A plot with a registered servitude, or its own road frontage, is far better.
Read more in our guide to buying land in Koh Samui.
Habitation: the right to live in a home
Habitation gives you the right to live in someone else’s building, for a fixed term or for life, without paying rent. It is narrower than a usufruct, since you can’t let the property out for income, and it can’t be transferred or inherited. It is mainly used within families, for example to secure a home for a partner or parent.
Sap Ing Sit: a newer, tradeable 30-year right
Sap Ing Sit (ทรัพย์อิงสิทธิ, “property-based right”) was introduced by its own Act in 2019. It lets the owner of land, or of a condo unit, grant someone the right to use that property for up to 30 years. The holder receives a certificate (หนังสือสำคัญแสดงทรัพย์อิงสิทธิ) that can be sold, mortgaged and inherited like a piece of property.
The law
The owner of land or a condominium unit with a title deed may create a Sap Ing Sit over it, for a fixed term of up to 30 years. It is registered at the Land Office, can be transferred, mortgaged and inherited, and can’t be renewed or extended.
Sap Ing Sit Act B.E. 2562 (2019)
| Registered lease | Sap Ing Sit | |
|---|---|---|
| Maximum term | 30 years | 30 years |
| Renewal | By agreement, registered again | Not possible |
| Selling it on | Usually needs the landowner’s consent | Freely transferable |
| On the holder’s death | Depends on the lease; courts treat leases as personal | Passes to heirs |
| Mortgage | Rarely accepted by banks | Can be mortgaged in law |
| Proof of the right | Lease entry on the title deed | Its own certificate |
On paper it fixes the two biggest weaknesses of a lease: inheritance and resale. In practice it is still rarely used. Few landowners grant it, banks are cautious about lending against it, and Land Office staff see it far less often than leases. It also can’t be renewed, so it suits buyers who are comfortable with a single 30-year term.
Watch out
Sap Ing Sit is new and has little track record. Before relying on one:
- Ask your lawyer whether it can be registered in your name, and how it combines with ownership of the house.
- Check the property was free of other registered rights, such as leases or mortgages, when it was created.
- Price it on the years remaining: there is no renewal at the end.
Which right for which situation
| Your situation | The usual structure |
|---|---|
| Buying a finished villa | 30-year registered land lease + superficies + the house transferred to you |
| Buying land to build on | 30-year registered land lease + superficies, then a building permit in your name |
| Buying a plot reached by a private road | Lease + superficies + a registered servitude for access and utilities |
| Thai spouse buying the land | Land in the Thai spouse’s name + a lifetime usufruct or habitation for the foreign partner |
| Buying a condo | None of these: a condo unit can be owned freehold. See buying a condominium |
Registering a right, step by step
- Agree the structure with your lawyer. Which rights, for how long, and how they pass to your heirs.
- Check the title deed. Confirm the landowner, any existing leases, mortgages or rights, and the title type. See property due diligence.
- Draft the agreements. In Thai and English, setting out the term, payment and what happens on death or sale.
- Register at the Land Office. The landowner (or their representative) and you (or your lawyer under power of attorney) attend, pay the fees, and the right is recorded on the title deed.
- Keep certified copies. You’ll need them when you sell, renew or deal with an inheritance.
What it costs
Registration fees depend on the right and whether you pay for it. A right granted for payment is charged on the amount paid; a right granted without payment carries a small fixed fee. Registering a lease costs 1% of the total rent plus 0.1% stamp duty.
Ask your lawyer for a written quote that lists every Land Office fee for your structure: the lease, the superficies, any servitude, and the transfer of the house. See property taxes and transfer fees.
Common mistakes
- Buying a leasehold villa with no superficies, so the house legally belongs to the landowner.
- Relying on an unregistered servitude or superficies, which may not bind a new landowner.
- A plot reached by a road that is “always used” but not registered.
- Choosing a usufruct when resale or inheritance matters to you.
- Stacking rights into a structure that looks like disguised land ownership, which the Land Office may refuse and a court may unwind.
Before you sign
- Every right is registered on the title deed, not just signed.
- A superficies covers the house and any future buildings.
- The deed says whether the superficies can be sold and inherited.
- Legal access to a public road is confirmed: road frontage or a registered servitude.
- You understand which rights end on your death, and have a Thai will.
- Your own lawyer has drafted or reviewed every document.
Frequently asked questions
A registered right to own buildings on land that belongs to someone else. Villa buyers on Koh Samui usually combine it with a 30-year land lease.
A registered right to use a property and take its income, for up to 30 years or for life. It ends when you die and can’t be sold.
Yes. Both are commonly registered in favour of foreigners. The Land Office may refuse structures that amount to a disguised transfer of land ownership.
They do different jobs. A lease gives you the use of the land; a superficies gives you ownership of the buildings on it. They are normally used together.
No. A usufruct ends on the holder’s death. If inheritance matters, use a lease and superficies with clear succession terms.
A registered right over a neighbour’s land for the benefit of your plot, such as road access or a water pipe. It passes with the land when it is sold.
ทรัพยสิทธิ (sap-pha-ya-sit) is the Thai legal term for real rights: registered rights over land, such as a superficies, usufruct or servitude, that bind any future owner of the land.
A registered right, created by an Act of 2019, to use land or a condo for up to 30 years. Unlike a lease, it can be sold, mortgaged and inherited, but it can’t be renewed. It is still rarely used, so take legal advice before relying on one.
You can ask a court for a way of necessity, with compensation, but it’s slow. Before you buy, insist on road frontage or a registered servitude.
Not sure which structure suits you?
We’ll explain how any property you’re considering is held, in a free consultation.
General information only, not legal or tax advice. Laws and fees change; confirm the structure for your purchase with an independent lawyer.