Superficies

Superficies is a Latin term referring to any object placed and attached over land. A Superficies is usually encountered when ownership over both the land on which the improvement is found and the improvement itself differs. In real property law, a Superficies is also defined as a transferrable right of interest over land, particularly, to own or acquire buildings or constructions made on or above the land of another for a specific period of time. Under Thai law, both nationals and foreigners may avail of this right. Constituting such a right requires that it be in writing and be registered with the local Land Office. Registration allows such right to survive despite the transfer of ownership over the land. It also allows the right holder to enforce such right against transferees and third persons. A right of Superficies, transmissible as it is, can only exist for a maximum period of thirty years. After this period, the Superficies contract is deemed extinguished. This right is usually availed of by foreigners wishing to further establish their interest over an immovable. The grant of Superficies is usually used in tandem with other real rights in order to provide greater security in favor of a foreigner.

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