Last updated on April 12, 2026
Usufruct (known in Thai as สิทธิเก็บกิน, or sitthi kep kin) is a real property right under Thai law. It gives one person the right to possess, use, and collect income from property owned by someone else. The Thai Civil and Commercial Code (CCC) covers this in Sections 1417–1428.
Usufruct separates ownership from use. The usufructuary gets the benefits of the property. The landowner keeps bare legal title. For foreigners in Thailand, usufruct is one of the strongest legal tools available. Foreigners cannot own land under the Land Code Act B.E. 2497. A registered usufruct lets a foreign national legally occupy and enjoy property for their entire lifetime. The right is enforceable against the whole world, including any future buyers of the land.
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This guide covers the complete legal framework. You’ll find the full text of every relevant CCC section in both Thai and English. You’ll see analysis of landmark Supreme Court decisions. And you’ll get practical guidance from nearly two decades of practice.
Table of Contents
What Is a Usufruct. (Definition for Non-Lawyers)
The Simple Explanation
Think of usufruct as the right to live in, use, and profit from property you do not own. The simplest analogy for readers from common law countries (Canada, the United States, the United Kingdom, or Australia) is the life estate. One person has the right to live on and benefit from property for their lifetime. After that, it goes back to the owner.
In civil law systems. France, Quebec, Germany, and Thailand have all adopted usufruct. The Thai Civil and Commercial Code of B.E. 2468 (1925) included it. The code was heavily influenced by European civil codes.
If you want to see a usufruct in Thailand visually explained in simple terms, click here.
Usufruct vs. Ownership. What You Actually Get
A usufructuary receives three core rights under Section 1417 of the CCC.
| Right | What It Means in Practice | What You Cannot Do |
|---|---|---|
| Possession (ครอบครอง) | Live on the land, occupy the house, control access | Sell the property |
| Use (ใช้) | Farm the land, operate a business, use it personally | Destroy or radically change the property |
| Enjoyment of Fruits (ถือเอาซึ่งประโยชน์) | Collect rent, harvest crops, receive all income | Bequeath the usufruct in a will |
The usufructuary also has the power to manage the property (อำนาจจัดการทรัพย์สิน). This includes the right to lease the property, collect rent, and file lawsuits. For example, you can evict tenants. You don’t need the landowner’s permission. The Supreme Court has confirmed this many times (see our analysis of 64 Supreme Court decisions).
By its nature, a usufruct is temporary and often arises from family relationships. Civil Law traditionally divides property rights into three components:
- Usus: The right to use or possess the property.
- Fructus: The right to benefit from the property’s “fruits,” such as crops or rental income (as clarified in Section 148).
- Abusus: The right to dispose of the property (sell, transfer, or even destroy it) – this is full ownership.
A usufruct gives the holder (the usufructuary) the rights of Usus and Fructus together. This lets them use and benefit from the property. However, it does not grant the right of Abusus; the usufructuary cannot sell or destroy the property.
Note: Terms like “leasehold” or “freehold” are common in other legal systems. However, they are not exact terms in Thai Civil Law and should not be confused with usufruct.
Why Usufruct Matters for Foreigners in Thailand
Under Thai law, foreigners cannot own land (Land Code Act B.E. 2497, Section 86). This is a problem for the thousands of foreign retirees, spouses of Thai nationals, and business people who live in Thailand. They want to secure their homes. Usufruct provides a solution. It’s a registered real right that gives the foreign holder virtually all the practical benefits of ownership. You don’t actually need to own the land.
A registered usufruct binds not only the current landowner but also any future buyer. If the Thai landowner sells the property, the foreign usufructuary’s right survives. The buyer takes the property subject to the usufruct. This makes usufruct much stronger than an unregistered lease or a private agreement. For a detailed comparison, see our guide on usufruct for foreigners in Thailand.
The Law. Civil and Commercial Code Sections 1417–1428 (Full Bilingual Text)
Below is the full text of every CCC section governing usufruct in Thailand. Both English and Thai versions are included. This bilingual presentation is important for practitioners and property owners. You need to reference the exact statutory language. This is the only article in our usufruct series that reproduces the full bilingual text. Our registration guide, termination guide, and other articles reference these sections by number with links back to this page.
How Usufruct Works in Practice
Step 1. Drafting the Agreement
A usufruct agreement should be drafted by a qualified Thai lawyer. Include the identity of both parties. Provide a precise description of the property (including title deed number). State the duration (lifetime or fixed term). Specify rights and restrictions. Cover maintenance responsibilities and provisions for termination. Both Thai and English versions should be prepared for international parties.
Why the Standard Land Office Form Isn’t Enough & The Power of Our Custom Addendum
The Thai Land Department offers an official form for registering a usufruct. This was shown in the example image earlier. It is important to know its main purpose and limitations. This standard document is mainly for meeting the minimum legal requirement for registration. It identifies the parties involved, the specific property, and the length of the usufruct. It typically contains only a couple of very basic clauses, as illustrated below:
This image shows a simple standard form. It includes “Clause 1: Grant of Usufruct…” and “Clause 2: Payment of Fee…”
This shows that a usufruct exists, but it gives very little detail on how it protects you in real life.
The Critical Limitations of the Standard Form Include:
- Minimal Detail on Rights: It often does not include clear terms about the usufructuary’s rights. For example, it may not state the right to rent out the property without asking the owner each time. It also may not clearly outline the rights to make non-structural improvements.
- No Restrictions on the Owner: The property owner can still sell, transfer, or mortgage the land. There are usually no restrictions on these actions. A registered usufruct should stay with the land, even if it is sold. However, this can cause problems, stress, and legal issues for the usufructuary with the new owner.
- No Coverage for Common Scenarios or Disputes: It usually does not cover common issues. These include responsibilities for property maintenance, damage from natural causes, utility agreements, and handling minor disputes.
- Often Thai-Only: The official Land Office form is in Thai. While an informal translation might be offered, the legally registered document itself may not be comprehensively bilingual. Foreign usufructuaries may be at risk. This is because they might not fully understand the details of the Thai text they are signing.
- Limited Proactive Protection: Since it is very basic, it provides little proactive protection. It does not provide clear guidance for any future disagreements between the owner and the usufructuary.
This is precisely where ThaiLawOnline’s custom Usufruct Addendum provides essential, enhanced protection.
Our bilingual (Thai/English) addendum is carefully written by skilled property lawyers. They have over 20 years of experience in registering usufructs and protecting foreign interests in Thailand. It’s meant to be a complete agreement. It should be referenced by, and ideally attached to, the standard Land Office registration documents. This can greatly improve your legal position.
The Difference is in the Detail: Standard Form vs. Our Custom Clause
Compare the simple standard form with a typical protective clause from ThaiLawOnline’s Usufruct Addendum. This is similar to the example on your page for the 2026 addendum
(Image showing a clear clause from your addendum. This could be about owner restrictions or specific rights for the usufructuary. For example, it might mention possession of the title deed. There are also other clauses about leasing and more.)
Our Custom Usufruct Addendum Proactively Addresses Key Concerns, Offering:
- Clearly Defined Usage Rights: Clearly states what the usufructuary can and cannot do. This includes renting out the property, making certain improvements, and conducting business activities.
- Property Owner Restrictions: The owner cannot sell, transfer, or mortgage the property. These actions must not hurt the rights of the usufructuary. The owner often needs the usufructuary’s written consent before doing so.
- Detailed Maintenance & Repair Clarity: Specifies responsibilities for ordinary upkeep versus extraordinary repairs, preventing future arguments.
- Insurance Stipulations: Can require the property to be insured against common risks, protecting both parties.
- Bilingual Terms: This ensures that both the Thai owner and the foreign usufructuary understand all terms and conditions. Both language versions have the same legal importance.
- Clauses for Specific Scenarios: Addresses potential future situations, such as damage to the property, access rights, or even early termination conditions if mutually agreed.
- Protects Your Rights: Helps avoid misunderstandings and gives a stronger legal basis if disputes come up.
Relying solely on the basic Land Office form is a significant missed opportunity for robust, tailored protection. Our Usufruct Addendum helps you feel secure. It protects your right to use and enjoy property in Thailand for a long time.
Our Custom Usufruct Addendum Proactively Addresses Key Concerns, Offering:
- Clearly Defined Usage Rights: Clearly states what the usufructuary can and cannot do. This includes renting out the property, making certain improvements, and conducting business activities.
- Property Owner Restrictions: The owner cannot sell, transfer, or mortgage the property. These actions must not hurt the rights of the usufructuary. The owner often needs the usufructuary’s written consent before doing so.
- Detailed Maintenance & Repair Clarity: Specifies responsibilities for ordinary upkeep versus extraordinary repairs, preventing future arguments.
- Insurance Stipulations: Can require the property to be insured against common risks, protecting both parties.
- Bilingual Terms: This ensures that both the Thai owner and the foreign usufructuary understand all terms and conditions. Both language versions have the same legal importance.
- Clauses for Specific Scenarios: Addresses potential future situations, such as damage to the property, access rights, or even early termination conditions if mutually agreed.
- Protects Your Rights: Helps avoid misunderstandings and gives a stronger legal basis if disputes come up.
Relying solely on the basic Land Office form is a significant missed opportunity for robust, tailored protection. Our Usufruct Addendum helps you feel secure. It protects your right to use and enjoy property in Thailand for a long time.
Step 2. Registering at the Land Office
Both the landowner and the usufructuary must attend the local Land Department office (สำนักงานที่ดิน) in person. The officer reviews the agreement. They verify identities. They assess the registration fee (1% of the assessed property value). They record the usufruct on the title deed. Only after registration does the usufruct become a “real right” (ทรัพยสิทธิ) that works against third parties. For the complete registration process, see our step-by-step registration guide.
This is an example of usufruct registration on a title deed.
Done in April 2025, it shows in red “usufruct” (See Tee Kep Kin in Thai).
Step 3. Living Under Usufruct
Once registered, the usufructuary has full authority. You can live on the property. Lease it to tenants. Collect rent. Manage the premises. Take legal action regarding the property. The landowner retains bare ownership but cannot interfere with your management. The usufructuary must maintain the property in good condition (Section 1421). Pay property taxes (Section 1426). Insure the property if required by the owner (Section 1427).
What Happens When It Ends
Usufruct terminates through death of the holder (automatic), expiry of the fixed term, mutual agreement, court order, or destruction of the property. Upon termination, the property reverts to the landowner. There is no transfer tax when usufruct terminates by death. This is a big advantage for estate planning. See our complete guides on termination rules and tax implications.
Usufruct vs. Lease vs. Superficies. Quick Comparison
Thai law offers three main mechanisms for granting property use rights. The table below provides a summary comparison. For a detailed analysis of each with real-world scenarios and recommendations, see our dedicated guide on usufruct vs. lease vs. superficies.
| Criteria | Usufruct (สิทธิเก็บกิน) | Lease (สัญญาเช่า) | Superficies (สิทธิเหนือพื้นดิน) |
|---|---|---|---|
| Duration | Lifetime or up to 30 years | Maximum 30 years (renewable) | Maximum 30 years or lifetime |
| Survives Owner’s Death? | Yes. Binds new owner | Yes. Binds new owner | Yes. Binds new owner |
| Survives Holder’s Death? | No. Terminates automatically | Yes. Passes to heirs | Yes. Passes to heirs |
| Can Collect Rent? | Yes | Yes (sublease) | No (building rights only) |
| Registration Fee | 1% of assessed value | 1% of total rent | 1% of assessed value |
| Best For | Lifetime home security | Commercial/fixed-term use | Building on another’s land |
Who Uses Usufruct in Thailand.
Foreign Retirees Protecting Their Home
The most common use case is a foreign retiree who lives in a house on land owned by a Thai partner, friend, or family member. A lifetime usufruct registered at the Land Office ensures the retiree can live in the house for life. This works regardless of what happens to the ownership. Even if the Thai owner sells the land, dies, or becomes incapacitated, the retiree’s right is protected. See our guide for foreigners using usufruct in Thailand.
Thai-Foreign Married Couples
When a Thai national and a foreign spouse purchase property, the land must typically be registered in the Thai spouse’s name alone. Usufruct provides the foreign spouse with legal protection. It’s a registered right to live on and use the property for life. However, the intersection of usufruct with Thai marital property law creates legal questions. Couples should address these proactively. For protection strategies, see our guide on usufruct and marriage in Thailand.
Estate Planning for Thai Families
Thai families often use usufruct for succession planning. A common structure: parents transfer land ownership to adult children but retain lifetime usufruct. This ensures they can live on and benefit from the property until death. The Supreme Court has upheld this arrangement as a “gift with encumbrance” in Decisions 1516/2525, 2651/2543, and 10344/2551. This means the children cannot revoke the gift for ingratitude. See our guide on usufruct and inheritance.
Commercial Property Arrangements
Businesses sometimes use usufruct to structure property use in commercial contexts. This includes agricultural operations, resort developments, and retail premises. The usufructuary’s management power under Section 1417 is particularly valuable for commercial use. It allows independent decision-making about the property. You don’t need the landowner’s consent for day-to-day operations.
Key Supreme Court Decisions on Usufruct
ThaiLawOnline maintains the most thorough English-language database of Supreme Court decisions on usufruct in Thailand. We have 64 decisions spanning from 1936 to 2022. Below are the landmark rulings that property owners, investors, and legal practitioners should know. For the complete analysis of all 64 decisions organized by legal principle, see our dedicated Supreme Court decisions guide.
The Usufructuary’s Management Power. ฎีกา 15033/2555 (2012)
This is one of the most important modern decisions on usufruct. The Supreme Court held that while a usufruct is registered and the usufructuary is alive, the landowner does not have the right to possess, use, or manage the property. The owner cannot terminate a lease or file eviction proceedings. Only the usufructuary can. This decision confirmed that Section 1417 gives the usufructuary complete practical control over the property during the usufruct period.
Lease Survives Usufructuary’s Death. ฎีกา 2297/2541 (1998)
When a usufructuary grants a registered 30-year lease to a tenant and the usufructuary later dies, the usufruct ends per Section 1418. But the lease remains enforceable against the landowner. The tenant is protected. The owner cannot evict them. This decision has major implications for estate planning and property management. Leases created during usufruct outlive the usufruct itself. Detailed analysis is in our inheritance guide.
Unregistered Usufruct as Personal Right. ฎีกา 4446/2543 (2000)
Even if a usufruct is not registered at the Land Office, it remains valid as a personal right (บุคคลสิทธิ) between the parties. The owner is bound by the agreement and cannot evict the beneficiary. However, an unregistered usufruct will not protect the holder against a third party who purchases the land. This is why registration is important.
Gift with Encumbrance Protection. ฎีกา 1516/2525 (1982)
When a person transfers land but retains a lifetime usufruct (receiving annual rice deliveries), this is a “gift with encumbrance” (การให้ที่มีค่าภาระติดพัน), not a gratuitous gift. The donor cannot revoke the gift for ingratitude. This decision protects parents who give land to children while retaining usufruct. This structure is discussed in detail in our cancellation guide.
Usufruct Includes Structures. ฎีกา 7341/2542 (1999)
Usufruct over a share of land extends to all structures that are component parts (ส่วนควบ) of that land. The usufructuary has standing to file eviction against tenants even if they were not the original landlord. This decision clarifies that usufruct is not limited to bare land. It encompasses buildings, fixtures, and improvements that are legally part of the property.
Tax Follows the Actual Earner. ฎีกา 575/2560 (2017)
The Supreme Court held that the entity with usufruct rights may not be the actual taxpayer on income derived from the property. Courts examine substance over form. They determine who truly earns the income. This landmark decision is analyzed in detail in our tax guide.
Our Experience. Why ThaiLawOnline
ThaiLawOnline was among the first law firms in Thailand to actively use usufruct agreements as a property protection tool for foreign clients. In 2006–2008, when most firms relied exclusively on 30-year leases, founding partner Sebastien H. Brousseau identified usufruct under Sections 1417–1428 of the Civil and Commercial Code as a superior alternative in many situations.
This early adoption was driven by Brousseau’s training in Quebec civil law at the University of Ottawa. Usufruct (usufruit) is a well-established institution under the Code civil du Québec (Articles 1120–1171). His dual civil-and-common-law background gave him unique insight. He could apply this right under Thailand’s Civil and Commercial Code. The code itself draws on European civil law traditions.
Together with Thai legal counsel Wichuda Atthamethakon, the firm has since registered hundreds of usufruct agreements across Thailand. We maintain the most thorough database of usufruct-related Supreme Court decisions (64 decisions spanning 1936–2022) available in English.
Frequently Asked Questions about Thai Usufruct
How can foreigners engage in business using a usufruct in Thailand?
Foreigners can do business in Thailand using a usufruct. This gives them rights to manage and benefit from the property, like a lease. This allows foreigners to operate businesses on the land without owning it. Just do note that most “work” made by foreigners in Thailand will require a work permit with some exceptions.
Are usufruct only for maximum 1 rai?
No. We registered Usufruct in Thailand for more than 100 rai with one contract and multiple Title Deeds. However, the Usufruct must be registered on each Title Deed separately.
Do the owner of the land that has a usufruct registered can borrow money?
Yes, the owner of the land with a usufruct registered can borrow money. However, this can be limited by drafting contract about it.
Will I be fully protected with a usufruct in Thailand?
A usufruct in Thailand lets you use and enjoy the property. However, it does not give you full ownership rights. The property owner retains ultimate ownership. But Imagine that you bought a big house in a small village near the family of your girlfriend. Now, imagine that things go wrong with her and you decide to throw her out from this house. You have the legal right to do it. Do you really think your life will be nice and quiet near her family, in the middle of nowhere? A usufruct will legally protect you. However, there are times when legal protection may not matter in real life.
Can a usufruct cover several chanote?
Yes, register it on each deed.
Can a foreigner inherit a usufruct in Thailand?
No. The right ends when the usufructuary dies, but the land owner can still inherit the naked ownership.
How long does a usufruct registration take at the Land Office?
Typically half a day once documents are complete and the owner attends in person.
What fees must be paid to register a usufruct?
Expect 1.5% per cent of the contract value but most are done without compensation so taxes are 0 in that case. Plus approximatively 75 baht per title deed.
Can the usufructuary rent the property out?
Yes, unless restricted in the agreement, and the lease can last up to 30 years.
Can a foreigner register a usufruct in Thailand?
Yes, a foreigner can register a usufruct. Usufruct is not the same as full property and the law doesn’t forbid it.
How long does a usufruct last in Thailand?
In Thailand, a usufruct can last for a maximum of 30 years. However, it can also last for a “lifetime.” It will end when the usufructuary dies, whether that is before or after 30 years.
Can I build on usufruct land?
Yes, but you need written permission from the landowner and must comply with local building regulations, unless otherwise written in contracts, which we always do.
Testimonials about Usufruct Agreement in Thailand:
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I am highly recommending their services.
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Easy to communicate (…) staff are excellent
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I highly recommend their services
ThaiLawOnline’s usufruct guide was clear and saved me time. I highly recommend their services.
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I had been trying unsuccessfully for years
In April 2021, this company helped me obtain a usufruct in Takhu, Pak Thong Chai. I had been trying unsuccessfully for years at the local Land Office, but was repeatedly rejected. The legal firm at the time arranged for me to obtain a usufruct on the house and land within two days, at the agreed-upon, very reasonable price.
Links:
- Usufruct in Thailand explaining by the land department (Thai language)
- Complete Usufruct Registration Instructions by ThaiLawOnline (.PDF document updated in January 2026)