Superficies Law and Contract Template
Right of Superficies (as a legal term) refers to the written and registered superficies contract signed by the land owner for the benefit of another person (superficiary) and noted on the land title deed and entered in the Land Department's provincial or local branch office registers (the Land Registry is where they register the ownership of land and property in Thailand).
Superficies is sometimes called an above-ground-right creating separate ownership of the land and everything built or to be build upon the land. Without the registered right of superficies structures fixed to the land would otherwise be forming a body with the land and therefore legally would be owned as one corporeal object together with the land. The real property right 'superficies' (sections 1410-1416) is the legal instrument under Civl Law to legally create separate ownership.
A superficies contracts can include:
- The term of the superficies (up to 30 years)
- Renewal option of the superficies
- Compensation for the building upon expiration of the superficies
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