Wednesday, January 20, 2010

City Apartment Living VS. Suburb Apartment Living

 


Do you know if you want to live in an apartment home in the city or in the surburbs? If your on the fence on this subject, you will have several options at your fingertips to consider  Where you choose to finally submit your application will no doubt have a larger impact on your life. So read on to find out whats best for you. 


 


What Do You Want


 


Where your apartment home is located in the city will influence how much you pay, the time you will have to spend on things during the day, and of course you social life.  We recommend that you focus on what you want and what you will need in your next apartment.  So get out your pen and a piece of paper and start to jot down the things that are important to you.


 


*Do you want a newer apartment home with the latest amenities and features? Or will an older apartment home suite your needs fine.


 


*How much can you spend on rent and your utilities?


*Do you plan on driving or using the public transportation


*What apartment amenities will you use?


 


Most renters will simply focus on rent. And many times this will determine if your apartment home is in the inner city or in the suburbs.  But if rent is not your main osbtacle, there are a series of pros and cons that will help you make your decision.


 


Suburb Apartments Vs. City Apartments


 


Here are some details you will want to become familiar with:


 


Price: City living will almost always be more expensive than living in apartments in the suburbs. There is usually not much space in the city and therefore the demand is much higher. That is why the cost is lower.


 


Tranportation:  Apartments in the city will offer public transportation in many cases. If you don’t have a car this will impact your decision.

Tuesday, January 12, 2010

Personal Property And Marital Property In Thailand

Personal and marital property in Thailand

MARRIAGE laws in Thailand specify that property belonging to either spouse before the marriage and khongman remains personal property during the marriage, and each spouse shall remain the sole manager of his or her personal property. Section 1472: 'if personal property during the marriage has been exchanged for other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall remain personal property (Sin Suan Tua)'.

Personal property (Sin Suan Tua) under Thai marriage laws (section 1471) consists of:

1. property belonging to either spouse before marriage
2. property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse
3. property acquired by either spouse during marriage through a will or gift
4. Khongman.

Jointly owned property

A marriage in Thailand creates jointly owned marital property (Sin Somros) between husband and wife. Property acquired during the course of the marriage (subject to the above section 1472) and 'fruits' of personal property during marriage will become jointly owned property between husband and wife. It is not possible to exclude or prevent this in a prenuptial agreement.

Jointly owned property (section 1474) between husband and wife (Sin Somros) consists of:

1. property acquired during marriage;
2. property acquired by either spouse during marriage through a will of gift made in writing if it is declared by such will or document of gift to be Sin Somros;
3. fruits of Sin Suan Tua.

In case of doubt as to whether a property in Sin Somros or not shall be presumed to be Sin Somros.

Management over property during marriage;

A prenuptial contract made before the marriage in Thailand may grant sole management of certain jointly owned property to one of the spouses. Without a prenuptial agreement the properties specified in section 1476 must be managed jointly by the husband and wife.

Section 1476. 'In managing the Sin Somros in the following cases, the husband and wife have to be joint manager, or one spouse has to obtain consent from the other:

1. Selling, exchanging, sale with the right of redemption, letting out property on hire-purchase, mortgaging, releasing mortgage to mortgagor or transferring the right of mortgage on immovable property or on mortgageable movable property.
2. Creating or distinguishing the whole or a part of the servitude, right of habitation, right of superficies, usufruct or charge on immovable property.
3. Letting immovable property for more than three years.
4. Lending money
5. Making a gift unless it is a gift for charitable, social or moral purposes and is suitable to the family condition.
6. Making a compromise.
7. Submitting a dispute to arbitration.
8. Putting up the property as guarantee or security with a competent official or the Court.

The management of the Sin Somros in any case other than those provided in paragraph above can be made only by one spouse without having to obtain consent from the other'. -------

Management over real estate during marriage

The most important jointly managed asset between husband and wife in section 1476 is immovable property. However, in case of a foreigner married to a Thai national land in Thailand (often land and house) will because of foreign ownership restrictions be owned by the Thai spouse as a personal property. It will not be a common property governed by section 1476 and the Thai spouse will be the sole manager of the property and is able sell, mortgage or encumber the property without the consent of the foreign spouse.

Note that it is only the land aspect of the property that is restricted for foreign ownership, not the structures upon on the land. Structures on the land (the house) can be a jointly owned or even personal of the foreign spouse. Co-ownership or ownership by the foreign spouse over the building separate from the land restricts sole management by the Thai spouse. The Thai spouse would not be able to manage or sell the whole property without the consent of the foreign spouse (pursuant section 1476 'management of Sin Somros' above).

Section 1475: 'Where any Sin Somros is property of the kind mentioned in Section 456 (meaning immovable property) of this Code or has documentary title, either husband or wife may apply for having his or her name entered in the documents as co-owners'.

The most common method for the foreign spouse to protect his interest lies not in registration of ownership over the building but in registering a right of usufruct, or in case of undeveloped land a right of superficies over the land in favor of the foreign spouse.

Monday, January 4, 2010

Property Surveys

Before buying or looking for a property, it is advisable get a property survey done through a surveyor. In essence, it is essential that both you and your mortgage lender know whether the property is worth the investment you have agreed put on it. In other words, you need to the basic valuation of the property. When property surveys are concerned, there are two main types of survey available such as the Home Buyers Report and the Building Survey. Most of the lending agencies require a basic valuation, however, it is important that you obtain an independent and more detailed survey done on the property. This will enable you to know whether there are hidden problems exist related to the property, since the basic valuation property may not reveal the actual condition.


Earlier days, a property survey would be done for title insurers to ensure less risks.

Until recently, the Insurers, have been absorbing part of the risks as the incidence of insurance claims has been very low. However, now many title insurers are going back to title insurance. At the same time, it was noted that the average lot size seems shrinking and people are putting up 6000 square foot building on a 8000 square foot lots. As such tolerances have become so tight and the owners have be more careful about the limitations of their property.

The government stringent regulations or rules and laws dictate strict building tolerance levels. For example, what should be the distance between a well and the septic tank system, where the decks and extensions have to end, then where the utilities such as sewer pipes, water supply and electrical conduits to be located. Similarly, many states dictate what is the optimum distance from the lot boundary to locate a swimming pool.

Thus wrong selection and placement of swimming pool or other amenities will cost a fortune to rectify the mistake. Hence its prudent to get a new survey done at a minimal cost, if you have any doubt about regarding your property limits.

Why we need a Property Survey?


As we know, when there is a driveway dispute or a fence in the wrong place, a surveyor is employed. The surveyor will prepare a map indicating the current property limits including the features related to buildings, boundaries, walls, driveways present.


Additionally, it will reveal easements such as sewer manholes, storm water catch basins, electric posts poles, natural drainage ditches and telephone lines. It is important that all the necessary information on the property is known, when you or your neighbor decided to any building or improvements to the property. In essence, prior knowledge of the property will enable you to avoid unnecessary disputes leading to legal implications. In other words, by knowing the actual condition of the property, expensive law suits (due to unimportant property disagreements) could be prevented.


Surveying can be a risky business as many property owners can react violently when they see a surveyor or the neighbor start meddling with the boundaries. In most of the cases, the property surveyor can get into trouble when there is a dispute over a few feet of property and the presence of personal ill feeling.


From the above discussion, it is vital to update the surveys before starting a project. The money little spent on property survey will be well justified due to less problems (related to property disputes) and avoiding costly mistakes during implementation. The cost of such survey is not prohibitive, and usually between 00 and $ 3000 and for larger jobs it may go up.