Illegal use of Common Land in Village

[kirkieb]

Looking for some advise.

We currently are working towards an established Village becoming Juristic Association.  In the process we have discovered owners have built/extended their boundaries and have in some cases removed the entire piece of Common Land for their sole use.  These people were advised before completeing the extensions but their response was "Do what I want"

Until we have the Powers of Juristic we realise we cant enforce anything but is their a Department or an Ombudsman that can be contacted to come and check Boundaries lawfully on what the Land Office call an Private Village eventhough we dont have Juristic Status yet.

[Delight]

 It seems to me that the authority which is available to you is the land office.

 

Suggest that you have a chat with them

Take photographs and if neccessary an interpreter.

 

Suspect that the chat will be for free

 

Any action from L O may cost.

 

So get your money organised as a 1st step

[huawei]

The Land Office is purely an administrative centre, but can offer advice.

 

do you know someone locally preferable a lawyer who has a contact at the LO.

 

then go and discuss the matter with them, they may not provide advice but they can confirm the encroachment of common land.

 

then you will need to discuss with the respective parties their encroachment, if they do not agree,  The new juristic office can then pursue the matter legally on behalf of the moo baan. 

[tryasimight]

Who are 'we'?

 

[kirkieb]

2 hours ago, tryasimight said:

Who are 'we'?

 

A majority of a Village who want a fight that has taken 20yrs within a Vote in 3 months.

[Delight]

22 hours ago, huawei said:

The Land Office is purely an administrative centre, but can offer advice.

 

do you know someone locally preferable a lawyer who has a contact at the LO.

 

then go and discuss the matter with them, they may not provide advice but they can confirm the encroachment of common land.

 

then you will need to discuss with the respective parties their encroachment, if they do not agree,  The new juristic office can then pursue the matter legally on behalf of the moo baan. 

 Are you sure that the LO are passive ?

i.e they will ignore a crime.

What makes you so sure?

 

 

 

[huawei]

^^^ because I have dealt with LO, and they were very helpful.As we know one LO is not necessary the same as another. They can give advice of course and help in the measuring of land, registering etc..etc..show you contested chanotes..

 

its not a crime until its approved..or settled by the parties, not the remit of the land department..

 

as we have discussed on other threads,  everything is grey...

 

it is not the LO to insure compliance with building regs, compliance with safety requirements , that's the tessabaan..

 

The LO for example will have the chanote, but not final designs approved . They do not ensure compliance ...for example encroachment or what was promised in an advert or promotion but not delivered..the latter will be covered by consumer protection and the condo act reference to advertising.

[Delight]

1 hour ago, huawei said:

^^^ because I have dealt with LO, and they were very helpful.As we know one LO is not necessary the same as another. They can give advice of course and help in the measuring of land, registering etc..etc..show you contested chanotes..

 

its not a crime until its approved..or settled by the parties, not the remit of the land department..

 

as we have discussed on other threads,  everything is grey...

 

it is not the LO to insure compliance with building regs, compliance with safety requirements , that's the tessabaan..

 

The LO for example will have the chanote, but not final designs approved . They do not ensure compliance ...for example encroachment or what was promised in an advert or promotion but not delivered..the latter will be covered by consumer protection and the condo act reference to advertising.

  Thanks for the info.

[tryasimight]

On 08/12/2017 at 10:22 AM, kirkieb said:

A majority of a Village who want a fight that has taken 20yrs within a Vote in 3 months.

The majority are all Thai? 

[kirkieb]

19 hours ago, huawei said:

^^^ because I have dealt with LO, and they were very helpful.As we know one LO is not necessary the same as another. They can give advice of course and help in the measuring of land, registering etc..etc..show you contested chanotes..

 

its not a crime until its approved..or settled by the parties, not the remit of the land department..

 

as we have discussed on other threads,  everything is grey...

 

it is not the LO to insure compliance with building regs, compliance with safety requirements , that's the tessabaan..

 

The LO for example will have the chanote, but not final designs approved . They do not ensure compliance ...for example encroachment or what was promised in an advert or promotion but not delivered..the latter will be covered by consumer protection and the condo act reference to advertising.

All of the Development is 20 yrs old and all has been signed off.  For each Common Area we have a Chanute a total of 13 pieces of land.  The owner building over the Common Land was shown the Chanute and just shrugged her shoulders and said I do whatever I want to.  Feels Entitled somehow.  Gets up our Nose because she is renovating a third property in the Village and utilising half tha access road now with Construction Materials, Sand Piles and Concrete with total disregard for the massive problem its causing the entrance of the Village..  Whats even worse is she refuses to pay Fees and treats all Gardners and Security like third class citizens.  Surely thats enough reason to get this sorted.  LO have been great but their attitude is unless we have a Juristic Authority we cant raise issues.  The Developer who has signed off still is Legally the Owner unless we form a Juristic.  The crunch here this Owner is great friends with the Developer.  The Plot thickens.  Very frustrating

[huawei]

You have the developer involved..nightmare..2 entitled parties.

 

the land office is correct. My understanding of the law is that a juristic office MUST be formed after a certain number of the moo baan housing has been sold and transferred.

 

the LO office should be able to advise you how to go through the process of establishing a juristic.

 

if the developer has signed off, he has signed off that the project is completed..and therefore no longer manages the moo baan.?

 

So who manages security, waste etc..