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Absolute Lawyer Hua Hin

At Absolute Lawyer Hua Hin, we assist our clients with residential and commercial real estate transactions.

06/08/2026

✨ Sap Ing Sith: What You Should Know ✨

Sap Ing Sith is a special type of property right in Thailand that allows a person to use and benefit from someone else’s immovable property — such as land and/or a house — for a fixed period of time. It is registered at the Land Office and provides stronger protection than a simple contract because it becomes a real right under Sap Ing Sith Act (the Act) not contractual agreement under the Civil and Commercial Code.

💡Sap Ing Sith is a newer type of right over the land (not the house, unlike superficies). Its function is similar to a land lease, but it was created to avoid nominee arrangements and can also be used as collateral for a loan. It allows the “right to use land” to become a separate asset, independent from the landowner.

Sap Ing Sith allows the “right to use land” to become a separate asset, independent from the landowner.

What does this mean?

You can:
✅ transfer the right to someone else,
✅ mortgage it with a bank,
✅ pass it on as inheritance,
✅ all for a period of up to 30 years.

📍 In simple terms, it is like upgrading a leasehold to include certain elements of freehold DNA.🧬 Sap Ing Sith is not a lease and it is not a personal right. The Act treats a Sap Ing Sith holder as if they were the owner of the land✨

Sap Ing Sith is a flexible tool that helps people secure long‑term use of property with clear legal protection under the Act. If you are considering it, make sure the terms are drafted carefully to match your needs.

Next post, we’ll share the key differences between a lease and Sap Ing Sith — explained clearly and in plain language. Stay tuned.

🙏🏻🙏🏻🙏🏻

29/06/2026

📌 Can a shareholder sue to revoke a land transfer when the company sells land without shareholder approval — and the director submits fake meeting minutes to the Land Office??

Under Thai law, the answer is NO.

Continuation of my previous post: 👇
Following the earlier discussion on the unauthorised sale of company land without shareholder approval — and the director’s submission of fake meeting minutes to the Land Office — the land transfer is legally valid. ✅

Reference: Supreme Court Judgment No. 1426/2542 and 2481/2552

Even if a shareholder knows the company and a director transfer the land to a third-party (buyer) without approval of the shareholders, the shareholder cannot file a lawsuit to cancel the land transfer. This is because Section 1169, paragraph one, allows :

1️⃣ Shareholders cannot sue to revoke a land sale because revoking a sale is not a claim for damages against a director. Section 1169, paragraph one, allows shareholders to sue directors only when the company refuses to do so — and only to recover damages for the company.

2️⃣ Shareholders cannot sue the buyer. The buyer is a third party, not a director. Section 1169, paragraph one, does not give shareholders the right to sue a third party.

3️⃣Likewise, a shareholder cannot sue to revoke “fake meeting minutes” simply because no real meeting occurred. This is also not a damages claim against a director.

** Even though shareholders cannot revoke a land transfer or sue the buyer, they can take action when directors cause damage to the company.

Under Section 1169 paragraph one, a shareholder has the right to sue the directors directly if the company refuses to act — including claiming compensation or even asking the court to order the land to be returned (or its value paid instead).

This principle was confirmed in Supreme Court Judgment No. 10878/2551, where directors conspired to sell company land below market value, harming the company. The Court held that shareholders may sue the directors — but cannot sue third‑party buyers who are not directors.

13/06/2026

"We, the Management and Employees of Absolute Lawyer Hua Hin, join the nation in mourning the profound loss of Her Royal Highness Princess Bajrakitiyabha Narendiradebyavati. Her Royal Highness's grace, benevolence, and dedication to the Thai people will forever be remembered with the highest respect.

29/05/2026

⭐ Can a Company Director Sell Company Land Without Shareholders’ Approval?

🎯Key Legal Issue
- Did the director need shareholders’ approval to sell the company’s land?
- And what happens if the director submits fake minutes to the Land Office?

☕ Here’s the story
A company was placed under receivership. The director proposed a debt composition plan, the court approved it, and the bankruptcy order was lifted. To follow the plan, the director sold a piece of company land to raise money to pay off company debts.
When registering the transfer, the Land Office asked for shareholders’ meeting minutes approving the sale. But no meeting had ever taken place. So the director created fake minutes stating that the shareholders had approved the sale. The Land Office accepted the documents, and the transfer went through.

Later, another group of shareholders filed a lawsuit, claiming the transfer was invalid and demanding the land back.

📌 About “fake minutes” — what the Supreme Court clarified.

When a director prepares Minutes of Meeting even though no meeting was actually held, the document is not considered a falsified document. It is treated as a false record, not a forgery.
Why? Because the director signed the minutes with his own signature, not someone else’s. So, although the content is false, it does not constitute document forgery.

📚 Reference: Supreme Court Judgment No. 4661/2562 (see also Judgment No. 448/2566)

⚖️ What did the Court say?

✅ 1) The Articles did NOT require shareholders’ approval

Since the company’s Articles of Association did not require a shareholders’ resolution before selling land, the director had full authority to sell it.

✅ 2) The Land Office’s request is only an administrative step

It is an internal procedure and does not limit or change the director’s legal authority under corporate law.

✅ 3) Fake minutes ≠ invalid sale

The minutes were false, but this did not affect the director’s authority to act for the company. The issue of false minutes is separate from the statutory duties of the directors and the validity of the land transfer.

✅ 4) No bad faith

The director sold the land to pay company debts under a court-approved rehabilitation plan, not for personal benefit. Therefore, the transfer was legally valid.

🛡️ Practical Tip for Companies

To avoid disputes like this, clearly state in the Articles of Association that:

“Any sale of company land requires shareholders’ approval.”

This gives shareholders peace of mind and prevents future conflict.

Next Post 👀

We will dive into how shareholders can take action against those false minutes of meeting — and what the law actually says about situations like this.

Stay tuned, this one’s going to be interesting! ⚖️✨

25/05/2026

📢 Self‑Represented Litigant Assistance Center (Civil Court)

The Civil Court has established the ‘Self‑Represented Litigant Assistance Center’ to enhance comprehensive access to the justice system and to reduce litigation expenses in non‑complex civil cases.

⌚️Service Hours
Thursday – Friday
09:00 – 16:00
Location: 3rd Floor, Civil Court Building

🙋‍♂️Who Can Receive Assistance?
The Center provides support to individuals who represent themselves in court (without a lawyer) in the following types of cases:

(1) Consumer cases;
(2) Pettey cases (with a claim value not exceeding THB 300,000); and
(3) General civil cases with a claim value not exceeding THB 1,000,000 that fall within the jurisdiction of the Civil Court.

🪜 Services Provided (7 Steps):
1. Registration
2. Screening and Case Assessment
3. Document Preparation
4. Case Filing
5. Pre‑Hearing Preparation
6. Case Monitoring
7. Post‑Judgment Guidance

👉 Contact Information
Telephone: 02 512 8236
Email: [email protected]

Online appointment booking is available via QR code.

-Ensuring Equal Access to Justice for All-

12/05/2026

🌟 Superficies vs. Lease in Hua Hin — What Expats Need to Know (1‑Minute Read)

I’ve been receiving many questions from expats asking whether they should register both a superficies and a land lease for extra protection.

Some might say “register both.”
But here’s the real practice in Hua Hin 👇

⚠️ Hua Hin Land Office allows only ONE right — not both.

🔹 Superficies
Right to own the building on someone else’s land.
Legally effective only when registered on the title deed.
The superficiary owns everything built or planted for the agreed term.

🔹 Lease (30 years)
Right to use and occupy the land.
Renewable by contract (not guaranteed by law).
Also registered on the title deed.

💡 Why can’t you register both?
Because officials consider the two rights overlapping and legally unnecessary.

Their reasoning:
• Lease + building permit and construction agreement or building sale agreement issued by the Land Office already proves building ownership.
• Superficies + building permit and construction agreement or building sale and purchase agreement issued by the Land Office already secures the building.
• Registering both creates overlapping rights based on different legal bases, although there is only one actual user of the land, which complicates enforcement.

This is not a change in the Civil and Commercial Code — it’s an administrative practice based on how each Land Office interprets overlapping rights.

🧭 What should foreign buyers do?
Choose the structure that fits your goals — and that the Land Office will actually register.

Option A — Lease Only
✔ Right to use the land
✔ Building ownership via building permit or transferring the house ownership at the Land Office
✔ Simple and widely accepted

Option B — Superficies Only
✔ Stronger building ownership
✔ Can pair with a private-use agreement

Both options work depending on your goals, risk profile, and the Land Office’s current practice.

💡 My Professional Take
The best structure isn’t the one with the most documents — it’s the one the Land Office will register, and that supports your long‑term plan.

Before signing anything, always confirm:
• the Land Office’s current policy
• the landowner’s cooperation
• the construction and ownership timeline
• inheritance and exit strategy

👉See comment: Our WhatsApp QR code.

www.absolutelawyer-huahin.com

Absolute Lawyer Hua Hin Law Office

📧[email protected]
📧[email protected]
📲WhatsApp: +66(0)99 824 4155
📍70/154, Soi Hua Hin 112, Hua Hin

05/05/2026

We provide Legal Services in Real Estate including:

✅ Sale and Purchase
✅ Title Transfer
✅ Independent Legal Advice
✅ Probate Application
✅ Yellow Book

www.absolutelawyer-huahin.com

✅ Let us help off your lists ✅

👉See comment: Our WhatsApp QR code.

www.absolutelawyer-huahin.com

Absolute Lawyer Hua Hin Law Office

📧[email protected] 📧[email protected]
📲WhatsApp: +66(0)99 824 4155
📍70/154, Soi Hua Hin 112, Hua Hin

12/04/2026

💦Wishing you a splashingly good and memorable Songkran holiday filled with joy, laughter, and refreshing fun!💦

Our business will be celebrating Song Kran holiday from 13-15 April 2026, so we will resume work on 16 April 2026🙏🏻

02/04/2026

💡Stress-Free Home Moves Start Here!

Buying or selling a home is one of life’s biggest milestones—and it should feel exciting, not overwhelming. We are here to make it a breeze.

We are here to take the stress off your shoulders and guide you through the legal side with care, clarity, and a friendly touch. From paperwork to closing day, you can count on us to keep things smooth and straightforward.

✨ You focus on your new beginning—we will handle the rest.

📩 Feel free to reach out anytime—we would love to help!

👉See comment: Our WhatsApp QR code.

www.absolutelawyer-huahin.com

Absolute Lawyer Hua Hin Law Office

📧[email protected]
📧[email protected]
📲WhatsApp: +66(0)99 824 4155
📍70/154, Soi Hua Hin 112, Hua Hin

14/03/2026

📣This post is a continuation of my previous post regarding the inheritance of leasehold rights.

🏡 Can leasehold rights in Thailand be inherited? The answer depends on the lease agreement. 📝

A leasehold right may be transferred to heirs if the lease agreement allows it. In many cases, the remaining lease term can pass to the legal heirs according to Thai inheritance law, depending on the terms written in the lease agreement.

✅ Past Supreme Court judgments, a lease agreement is often regarded as being based on the personal qualifications and reliability of the lessee. Due to this personal nature, the rights under a lease are generally considered exclusive to the lessee, and the lease may automatically terminate upon the lessee’s death.

✅ However, an important ruling in Supreme Court Judgment No. 11058/2559 ( also 2939/2559) clarified that the intention of the parties plays a key role. The Court stated that if the parties want the lease to terminate upon the death of the lessee, the agreement must clearly specify that “…for the lifetime of the tenant” only, and the agreement will terminate upon the lessee’s death”.

✅ In this case No. 11058/2559, the lease agreement was clearly registered for a period of 30 years, and there was no clause stating that the agreement would terminate upon the lessee’s death. Therefore, there is no ground for the agreement to be terminated based on the lessee’s life. The lessor cannot later rely on the lessee’s personal qualifications to claim that the lease agreement has already ended.

✅ The Court also noted that certain clauses may indicate that the lessor has waived exclusive rights. For example:

👉The lease is for a fixed 30-year term and properly registered at the land office .
👉The lessor receives a full one-time rental payment at the beginning of the lease.
👉The lessee is allowed to sublease the property to a third party without prior consent.

These factors indicate that, the leasehold right acquires characteristics similar to transferable property rights more than a purely personal right.

✅ As a result:

👉 The leasehold right is no longer strictly attached to the lessee personally.
👉 The lessee’s heirs are not considered third parties. Upon the lessee’s death, the leasehold right passes to the heirs according to inheritance law ** without the need to execute a new lease agreement** , and they retain the right to use the immovable property according to the original terms until the lease term expires.

⚖️ Understanding these legal details is important for foreigners who wish to structure leasehold property and inheritance plans properly in Thailand.⚖️

📩 If you would like more information about leasehold property or inheritance planning in Thailand, feel free to contact us.

👉See comment: Our WhatsApp QR code.

www.absolutelawyer-huahin.com

Absolute Lawyer Hua Hin Law Office

📧[email protected]
📧[email protected]
📲WhatsApp: +66(0)99 824 4155
📍70/154, Soi Hua Hin 112, Hua Hin