I'm not shocked at all at the courts decision regarding "90-year" leases. I've been telling people that this would happen because the 30+30+30 contracts are just products invented by lawyers to give foreigners peace of mind when investing in Thailand. But such contracts go against the spirit of the law, and would never hold up in court. And frankly, so they shouldn't. It's time foreigners came to realise that thai property law, however xenophobic it is, excludes most foreigners from buying property. To enter into some agreement involving legal acrobatics to circumvent the law is just silly.

Posted by christian on February 28, 2015 07:39

So phuket needs 10,000 more resort staff.....

That means that there is no excuse for the "poor" beach vendors and illegal taxi drivers who aim they cannot make a living unless they work illegally.

Mr Governor - there is a good solution here to both problems. You can gIve world class service at fully staffed resorts and stop annoying all your tourists with illegal activities.

Simple, isn't it.

Now some action please .

Posted by Discover Thainess on February 28, 2015 07:51

@ Christian

Well said. I feel the law is very discriminatory and unfair too but it IS the law of this country and there's no excuse for not abiding by it.

Thus, buyer beware and apply due diligence. Personally I would never purchase anything here I cannot legally own 100% in my own name.

Cars and motorbikes can be owned 100% and there is the USD 1m exception to allow a foreigner to own 1 Rai of land including his house.

Posted by Herbert on February 28, 2015 09:12

I always thought the 30 year lease (times 3 if you're lucky) option was a crock. Next they'll do the bogus company ownership thing. No prizes for guessing why they never investigate the land office that issues all the dodgy titles, though.

Posted by Rockderk on February 28, 2015 16:04

Dusit International managing director and chief executive said Phuket needed more than 10,000 extra staff, while Samui needed more than 7000

Yet all these people evicted from the beaches say they will turn to crime if they have no job. There are plenty of jobs apparently - just no will to work a decent job for a proper wage.

Posted by Logic on February 28, 2015 21:24

"By the end of the weekend, Kremlin will be saying Nemtsov was killed by a gay Ukrainian Nazi Islamist who was flying MH370 on CIA orders."
(c) John Schindler (@20committee)

Posted by Sue on March 1, 2015 03:41

In regard of 3x30 leases:

1. the judgment has been given by the Appelate court.
There is still possible an appeal on the point of law to the Supreme Court a.k.a. "Dika".
If Dika will uphold the judgment of the Appealate courrt, then it can chose to publish it in the "Supreme Court opinions" - that within the civil law system of Thailand will form (almost) binding interpretation of the law.
Would it chose not to publish it, then its impact for future judgmenet is much lower -merely another judge, if able to perform an effective search within computerized data base of judgment, will find it, upon delivering its own decision, and may be will use it.

2. There are very special, tecnically complex rules how to extract a valuable new "rule"/interpretation out the text of a judgment, it's not that simple and easy.
Nobody have seen the full text of judgement, this all we hear on the subject is just re-rold by a single lawyer. First, it is necessary to see a full judgment to make a conclusion if such interpretation can have and will have general application.

Also, as there is no full text of judgment is available, then it is difficult to look into what exact consequences it will bring to status of 3X30 current contracts.

Posted by Sue on March 1, 2015 03:53

One wonders from whom or where do the figures about hospitality staff shortages originate. Have three (one a IT tech school grad) adult step kids on Phuket ...taken them months to find jobs ..turned down by hotels which say they do not require staff.The tech grad is working as a chef in a farang owned restaurant others in convenience stores.
It was not indicated how potential students sign up for the online courses or how the courses intend to supply hands on practical experience....
Although my own adult kids never entered the hospitality industry they both spent one year at a physical hospitality school in Australia,everything from how to chop garlic to dish washing...Not something one learns 'on line' methinks.
Rhetoric with no detail seems to be the order of the day in LOS.

Posted by david on March 1, 2015 07:44

There is no such thing as a 90 year lease and never has been.
If you are not happy with a 30 years lease don't buy, rent

Posted by peter allen on March 1, 2015 08:37

Sue

Well, in that case it can go both ways, if the Supreme Court agrees with the appeal and don't publish it, people could still sue, claiming the 30x3 contract is illegal?
Plus, if the judge in a future case is not computer savvy enough to dig up such a high profile and public interest ruling from the Supreme Court you can be very very sure the suing lawyer WILL have found it. And will have printed copies available for everybody to read.
Even a complete novice/layman can see the 30x3 contracts are dubious. What if the original land owner dies? His/her children that inherit the land MUST honour a contract extension after the initial 30 years? I have very strong feeling any such contract would hold up in court were the new owner to sue.

Posted by christian on March 1, 2015 08:51