Thursday, 5 March 2015

Registering Right of Access for Land

Many villas and houses in Thailand are on plots surrounded by other plots owned by somebody else. Guaranteeing access to a plot of land is essential to your chances of selling or leasing that plot of land. Much of the time roads between commercial plots become adopted by the government, and by this means the property owners in the area don’t need to worry about access rights or maintenance payments for such things as road repair.

However, in many cases ‘estate’ roads go through other people’s lands. This can lead to legal entanglement especially if neighbours become antagonistic.

Thai property law calls this situation servitude. Owners have a right not only to access their land but also to have facilities such as water pipes. The law stipulates:

Section 1387. An immovable property may be subjected to a servitude by virtue of which the owner of such property is bound, for the benefit of another immovable property, to suffer certain act affecting his property or to refrain from exercising certain rights inherent in his ownership.

In other words, your neighbour cannot close down your access road even if it does go through his or her property.

The time limit for exercising this right is 10 years. If you don’t claim your right of access via a land title within 10 years it may be forfeited.

For more information:

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