Technical article

Own, Lease or Neither: What Three Governments Say About Foreigners and Land

A company counts as overseas if more than 25% of its shares are in the hands of people who are not resident citizens.

By Neil Solomon · 4 min read

Picture a couple named Marta and Paul, both 60. They fell in love with a small island beach town on a holiday. Paul asks the first question. "Could we buy a house and the land under it?" Marta asks the second. "And if the answer is no, what are we left with?"

The answer is different in each country. Here is what I could read on official pages.

The short table

Samoa

The Alienation of Freehold Land Act 1972 says a sale, a long lease or an option to buy needs the Head of State's written consent when the buyer is a non-resident person, an overseas company, or a trust with such a beneficiary. A "resident" is a citizen who has lived in Samoa at least 2½ of the last 3 years and means to stay. A company counts as overseas if more than 25% of its shares are in the hands of people who are not resident citizens. The Minister looks at the planned use and the public interest. The Registrar cannot register the deal without consent. The rules for customary land could not be read, so that is left open.

Seychelles

The government's guidance notes are dated 20 March 2025. A buyer who is not Seychellois needs a sanction. The fees on the page:

• Application: SCR 3,000 for a purchase, SCR 2,000 for a lease
• Processing: 1.5% of market value for a purchase
• Duty for residential purchases outside the Villas Policy: rising from 11% to 12% of market value
• Condominium purchases: 1.5%

Outside the Villas Policy, a house must have a market value of at least SCR 10 million, and bare land at least SCR 4,000 per square metre. Plots run from 2,000 to 4,000 square metres. Foreigners cannot buy freehold on outlying islands or condominium units valued below SCR 30,000 per square metre. A press release on a moratorium is listed on the site, but its terms are not among the sources.

Thailand

The government portal, last updated 10 July 2023, lists three routes. One is inheritance. Another is buying no more than one rai from the titled owner. The third is investing at least 40 million baht for at least five years, which also needs the Minister of Interior's permission, and the land must be in a listed area and used only as your home. In a condominium, foreign owners may hold up to 49% of the total area, and the money must come from a foreign bank. The one-rai and 40 million baht figures reached me through a summary of the page, so a reader should check them against the Land Department.

What is left open

• Maldives: the constitution file was blocked, and the one government page I read did not address land. Not stated.
• Fiji: the law page failed to load twice. Not stated.
• Indonesia: the land ministry site returned no readable text. Not stated.
• Samoa customary land and Seychelles moratorium terms.

A lawyer in the country, or one who works with Americans abroad, could confirm how a lease or sanction would work for you.