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Contract Right of Superficies


Source: Sample contract by thailandlawonline.com
 


  CONTRACT GRANTING RIGHT OF SUPERFICIES

Made at:.....................................
Dated:...........................................

This contract is made between

Mr./Mrs./Miss .............................. .................... ..................................., residing at: ....... Soi ..................................., Road..........................., Tambon.......... .............................., District of......................................., Province of...................................., hereinafter called the “Grantor

and

Mr./Mrs./Miss ......................................................, residing at No.........., Soi...................................., Road...................................., Tambon.......... .................., District of.............................. Province of........................................, hereinafter called “Grantee”.

Whereas the Grantor is the owner of land in Title Deed No................., situated at Tambon............., District of.............................................., Province of........................................., with an approximate area of.........................................................., hereinafter called the “Land”;

Parties to the contract agree as follow:

1. The Grantor agrees to grant the Grantee the right of superficies on the above-mentioned land, with the right to own, upon or under the land, building, structures or plantations.

2. Such right of superficies abovementioned in Clause 1. shall be enforced for a period of.............years.

3. As remuneration for the use of Land, the Grantee agrees to pay consideration to the Grantor in the form of.................for a total of.................... which shall be paid monthly/ annually throughout the period of this contract, payable every last day of the month/year.

4. In case of destruction or loss of buildings, structures of plantations, even if caused by the force majeure, the Grantee’s right of superficies on this land shall not be extinguished.

5. When the right of superficies is extinguished by any cause, the Grantee agrees to take away his building, structures or plantations from the land of the Grantor immediately, at the Grantee’s own expense.

In case the Grantor does not wish the Grantee to take away the objects listed in the preceding paragraph, and declares his intention to purchase such buildings, structures and plantations at their market value, the Grantee agrees to sell such objects to the Grantor.

6. The Grantee shall not transfer the right of superficies according to this contract to other persons or outsiders, except with the prior written approval of the Grantor.

7. In case of death of the Grantor or Grantee, the right of superficies granted in this contract shall remain binding unto their heirs who shall comply with this contract; and it shall not be deemed that the contract expires because of such cause.
This contract is made in duplicate. The parties to the contract having read and understood the entire substance of the contract hereby sign their names in the presence of witnesses.

Signed................................Grantor
( )
Signed................................Grantee
( )
Signed................................Witness
( )
Signed................................Witness
( )


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