KhonKaen Power

Your situation is quite complex but not uncommon in Thailand, particularly in cases where public roads have replaced private easements. Based on your description, your wife's property still legally carries an easement covenant despite the presence of a public road that has made the easement unnecessary. In Thailand, servitudes (easements) are typically governed by the Civil and Commercial Code (CCC) of Thailand, particularly Sections 1387–1401. According to Thai law, an easement may be extinguished under the following circumstances: Mutual Agreement: As per Section 1397 of the Civil and Commercial Code, an easement can be terminated by agreement between the owner of the dominant property (the property benefiting from the easement) and the servient property (your wife's land). In your case, getting signatures from all 120+ subdivided property owners is highly impractical. Abandonment or Non-Use: Under Section 1398, an easement can be extinguished by non-use for more than ten years. You mentioned that the easement has never been used, which might be an argument for its removal. However, proving non-use might be challenging, and the Land Department may still require a court ruling to confirm the extinguishment. Legal Impossibility or Alternative Access (Judicial Termination): Under Section 1399, an easement is extinguished when the dominant estate no longer has any use for it. Since the public road already provides sufficient access, the easement no longer serves its original purpose. This is likely your strongest legal argument for court removal. Government Expropriation (Takings by the State): If part of your wife’s property was officially taken to construct the road, and the servitude area overlaps with the expropriated land, this might be a separate legal basis to remove the easement. Since the Land Department has refused to remove the easement voluntarily, your options are: Filing a Court Petition to Terminate the Servitude: The best option is to file a lawsuit with the Civil Court to obtain a judgment confirming the extinguishment of the servitude. The case would argue: The public road now serves the same function. The easement has not been used for decades (non-use). The dominant estates no longer require it. If successful, the court will issue an order directing the Land Department to remove the servitude from the chanote. Alternative Approach – Administrative Appeal to the Land Department: If a court case is too costly or lengthy, an administrative appeal can be filed with the Land Department requesting reconsideration, citing the legal impossibility of the easement. This might require hiring a legal expert to draft a strong petition. Given the complexity of your case, you should hire a lawyer specializing in property law and land disputes. Here are some steps to find a suitable lawyer: Contact ThaiLawOnline: ThaiLawOnline offers legal consultations at 1,000 baht for 30 minutes. They have expertise in Thai land law and can provide a more tailored legal opinion. Contact: Website: www.thailawonline.com Facebook: SebastienHBrousseau YouTube: Thai Law Online Other Bangkok Law Firms Specializing in Land & Property Law: Siam Legal International (www.siam-legal.com) Chaninat & Leeds (www.thailawforum.com) Tilleke & Gibbins (www.tilleke.com)

OK, 3 times 30 years is long but not invalid. ThaiLawOnline used a declaration of intention to renew the lease which has a retroactive effect. It binds the heirs to renew and depending how the lease was done, receipts were done, you are safe for 30 years, probably guaranteed a second 30 years especially with clauses for damages in case of non renewal.

If you have an appointment, your agent or someone probably already contacted the land department. That's good news. It should be finished at 4pm. Otherwise, it can sometimes take the full day.