Property dispute

Property right is the right over asset. The most common property rights are “ownership” and “possession rights.” According to the Civil and Commercial Code, the principles are established: An owner has the right to “use / dispose of their property / acquire benefits from the property / reclaim their property from someone who has no right to possess it / and prevent others from unlawfully interfering with the property.” In contrast, “possession rights” are only presumed by law. If someone possesses the property, they have the right of possession.

Therefore, if you intend to engage in legal transactions with someone claiming to be the owner of a land, it is crucial to consider whether the person is actually the owner of the property or simply holds possession rights. Initially, this can be verified through registration records since land, as an immovable property, requires official registration with the relevant authorities. It is necessary to check the registration details in the land title deed at the land office before proceeding with any legal transactions. If a person’s name appears on the land title deed, they are presumed by law to be the owner. However, if an external party claims to have possessed the land for more than 10 years, having a name on the title deed alone might not be sufficient to maintain possession rights. This is because you may be facing adverse possession claims by others, which is one of the most common property disputes in Thai society.

What is Adverse Possession?

Adverse possession is an obtaining of property ownership which belong to another person by law, according to section 1382 of the Civil and Commercial Code, which includes the following elements:

  1. 1. It must be the possession of another person property by holding it for their own benefit. Importantly, it must not be a possessor’s own land since adverse possession can only occur on another person property.
  2. 2. The possessed property must be one that can hold ownership. If it is a land, it must have a title deed. While outlaw land, such as SorKhor 1, NorSor3 or NorSor 3 Kor, or the land without document of ownership can only acquire possession right. Therefore, it cannot be claim through adverse possession according to section 1382.
  3. 3. It must be a peaceful possession, meaning possessed without being removed, involved with any lawsuit or dispute over the ownership.
  4. 4. It must be an openly possession, meaning there are neither obscuring nor concealed in taking possession of the other’s property
  5. 5. The possession must be with an intention to be owner, meaning the act of taking possession of someone else’s property is not merely to possess it as a right of possession, but there must be the intention to own the property.
  6. 6. The Period for acquiring ownership: The possession must be taking by peacefully and openly with an intention to be the owner, 10 years in case of an immovable property such as land and property permanently attach to the land, and 5 years in case of a movable property such as other types of assets not classified as immovable property, in order to acquire ownership under the principle of adverse possession.

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