AGREEMENT OF USUFRUCT

BY AND BETWEEN

(1) _________________ (“Owner” / “ ”)

- and / –

(2) _________________ (“Usufructuary” / “ ”)

Click to download the complete Thai English usufruct contract with instructions

contract by samuiforsale

ลงชื่อ ผู้จะขาย กด ลงชื่อ ผู้จะซื ้อ

.......................255_

BY AND BETWEEN :

Ms. _______ ________, of Thai nationality, ___ years of age, holding a Thai ID-card with
No.__________, residing at _______ ________ Province, hereinafter referred to as the “Owner”
of the one part (as detailed in Attachment 1 attached hereto and deemed as a part hereof).

ำ ำภ
“
ม 1

AND

Mr. _______ ________, a ____________national, __ years of age , holding a passport of the

_____
“
ม 2

--------------

In this Agreement the Owner and the Usufructuary hereinafter collectively referred to as the
“Parties”.

WHEREAS

(1) The Owner is the sole lawful owner of a parcel of land with details and particulars as
shown in the copy of the land title deed attached hereto as Attachment 3 (the “Land”)

_____________ Owner
 ม 3
(" ").

(2) The Owner is the sole lawful owner of a house built on the Land with details and
particulars as shown in the copy of the house registration book attached hereto as Attachment 4
(the “House”)

ม 4
“

(3) The Land and the House including any future alteration, modification, addition and/or
improvement (if any), hereinafter collectively referred to as the “Property”

(4) The Usufructuary hereby acknowledges that unless permitted by the Thai government he is
unable to own any parcel of land in this Kingdom and further declares that this agreement is
made with the true intention, by which the Usufructuary expects only acquisition of the rights of
possession, use, enjoyment and sole right of management of the Property (to the extent
permissible under the Thai law).

(5) The Owner has received the money as a gift from the Usufructuary and expended this as
personal property on the Property.

_____________ Owner
(6) It is the Owner’s wish to grant the Usufructuary in return the right of usufruct for the
Property without consideration for the period of the life of the Usufructuary, to be continued in
the event of separation, disappearance or death of the Owner.

NOW AND THEREFORE, the Parties hereby agree as follows:

CLAUSE 1

The Owner agrees to grant to the Usufructuary and the Usufructuary agrees to take from the
Owner the right of usufruct of the Property. By virtue of the usufruct the Usufructuary shall have
the rights of possession, use, enjoyment and sole right of management of the Property (to the
extent permissible under the Thai law).

--- ----- download the complete usufruct contract with Thai translation and instructions ----- -- ----
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CLAUSE 2

The Right of Usufruct of this Agreement shall be created for the lifetime and exist throughout the
life of the Usufructuary (the “Term”) without any consideration or remuneration.

The Parties agree to complete with the registration of the right of usufruct by making a written
memorandum of statement in accordance with this Agreement with the relevant land office
within 30 (thirty) days from the signing date of this agreement.

The Usufructuary shall pay for the registration fees including stamp duties and other expenses
related to the registration of this right of usufruct interest.

--- ----- download the complete usufruct contract with Thai translation and instructions ----- -- ----
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--- --- -------- --- ---- ---- -- ---------- -- --- ------- -

CLAUSE 3

_____________ Owner
In case of the death of the Usufructuary, the Parties agree and acknowledge that the usufruct shall
be extinguished and shall in no case devolve to the heirs of the Usufructuary.

--- ----- download the complete contract with Thai translation and instructions ----- -- ----- -- --- --
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CLAUSE 4

The Usufructuary is bound to take as much care of the Property as a person of ordinary prudence
would take of his own Property and to do ordinary maintenance and petty repairs.

CLAUSE 5

The Usufructuary is allowed to make changes to the Property and to use the Property for any
lawful purpose and the Usufructuary shall have the right to assign this usufruct to any third
person without consent of the Owner.

Upon the expiration of this agreement the Property shall return to the Owner in its 'as-is'
condition.

The Parties agree that the ownership alteration, modification, addition and/or improvement of the
Land and the House (if any) shall become the property of the Owner on expiration of this right of
usufruct.

--- ----- download the complete usufruct contract with Thai translation and instructions ----- -- ----
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--- --- -------- --- ---- ---- -- ---------- -- --- ------- -

CLAUSE 6

Throughout the Term, the Usufructuary hereby covenants with the Owner as follows:

6.1 Not to use, nor permit the use of, the Property or any part thereof for any illegal or
unreasonable purposes.

6.2 To bear expenses for the management of the Property, pay taxes and duties, and be
responsible for interests payable on existing debts charged upon it (if any) and to pay when due,
electricity, water and all land and building tax and other levies made against the Property and any
future structures on the Land.

6.3 The Usufructuary shall insure the Property against loss and pay the premiums of the
insurance for the Term of the Usufruct. If the Property or part of the property is destroyed,
whether in whole or in part, the whole amount of the compensations (if any) must be granted to
the Usufructuary solely. The Owner shall not be bound to restore the Property with the same.

_____________ Owner
--- ----- download the complete usufruct contract with Thai translation and instructions ----- -- ----
- -- --- ------------- --- --- ------------ ------ -- ---- ---- --- ----- -- ----- -- ------- ---- ---- --- ----- --- -----
--- --- -------- --- ---- ---- -- ---------- -- --- ------- -

CLAUSE 7

The Owner represents and warrants not to take the Property to be a guarantee for any liability,
mortgage or otherwise create a liability with or against the Land either in whole or in part during
the Term of the usufruct, and throughout Term not assign or transfer its rights and obligations
under this Agreement to any third person or any juristic person, nor transfer the Property to any
third party without the prior consent of the Usufructuary. This agreement shall devolve to, and be
binding upon, the successors and heirs of the Owner.

--- ----- download the complete usufruct contract with Thai translation and instructions ----- -- ----
- -- --- ------------- --- --- ------------ ------ -- ---- ---- --- ----- -- ----- -- ------- ---- ---- --- ----- --- -----
--- --- -------- --- ---- ---- -- ---------- -- --- ------- -

CLAUSE 8

Any provision in this agreement which is void, invalid or unenforceable shall be ineffective only
to the extent of such void, invalid or unenforceable provision, without invalidating the remaining
provisions and without affecting the validity and enforceability of such provisions in any other
jurisdiction. If one of the Parties fails to comply with this agreement the other party shall have the
right to claim damages from the defaulting party (if any).

This Agreement shall be governed and construed in accordance with the laws of the Kingdom of
Thailand.

--- ----- download the complete usufruct contract with Thai translation and instructions ----- -- ----
- -- --- ------------- --- --- ------------ ------ -- ---- ---- --- ----- -- ----- -- ------- ---- ---- --- ----- --- -----
--- --- -------- --- ---- ---- -- ---------- -- --- ------- -

SIGNATURE PAGE FOLLOWS;

_____________ Owner
 IN WITNESS WHEREOF, the Owner and the Usufructuary have hereunto executed this
Agreement in the presence of witnesses on the day, month and year first written above.

Signed ) _________________________________ Owner

Name in writing

Signed ) _________________________________ Usufructuary

Name in writing

Signed ) _________________________________ Witness

No. ID-card/ ___________________

Signed ) _________________________________ Witness

No. ID-card/ ___________________

References: usufruct in the civil and commercial code, standard land office usufruct, download

ลงชื่อ_____________ Owner ผู้จะขาย กด ลงชื่อ ผู้จะซื ้อ