A usufruct (Thai: Sit Kep Kin) is a registered property right that lets one person use and enjoy another person’s land or building, including collecting rental income from it, for a defined period up to thirty years or, in some cases, for the lifetime of the usufruct holder, depending on how the instrument is drafted. Unlike a bare lease that might restrict subletting, a usufruct often includes the right to exploit the property economically, which can make it attractive in certain structuring scenarios involving Thai landowners and foreign family members, though it is rarely the primary tool for standard condominium purchases, which foreigners usually acquire via freehold quota units.
This guide explains differences versus leasehold, registration steps, practical risks, and when lawyers recommend usufruct.
Structuring land and villa ownership?
MORE Group introduces licensed lawyers, do not DIY usufruct or leasehold on a forum tip.
Buying a villa vs condo?
Understand quota, lease, and corporate structures with a clear comparison before you pay.
Frequently Asked Questions
Often yes if the instrument grants fruit rights, but wording must explicitly allow leasing. Some leases restrict subletting, usufruct is not automatically superior without review.
Depends on goals. Leases are standardised in many villa projects; usufruct may suit bespoke land cases. Lawyers decide case by case.
Practical bankability varies. Do not assume a usufruct interest is financeable, ask banks early.
Registered usufruct should appear on the Land Department records as an encumbrance.
Usually no, foreigners buy condo units directly. Usufruct is more relevant for land-based structures.
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Maksim Shchegolev
Founder, MORE Group
Founder of MORE Group. Four years in investment banking before moving to Phuket, where he has worked in the local property market since 2018. Oversees developer relationships and every engagement above $300K.
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