Accessing land across someone else's

[bradiston]

My daughter has chanote on the land our house is on. But we are pretty much surrounded by someone else's land, and that someone else is not at all friendly, to say the least. In fact, quite the opposite.

 

I want to drill a water well on our property, so my question is, do I need his permission to cross his land with the rig? I have a path to the road for motorbike and walking access, but it's not wide enough for a rig, and in any case, it's still his land.

 

TIA

[bankruatsteve]

I'm pretty sure there is a law that there must be access to ones home via some width of path/road large enough for a vehicle.  You may have to pay something for it though.

 

[BEVUP]

There must be something on the Chanote stating access 

Or maybe daughter can pop down to the local Land Office & have things clarified 

[cornishcarlos]

Just drive the rig in... Worry about it after :) That's what your neighbour would do if the roles were reversed...

[VocalNeal]

^ Easier to ask for forgiveness than permission. 

Edited April 6, 2018 by VocalNeal

[Rawairat]

When my wife bought land in Phangnga the transfer was not approved until access was confirmed from the other land owner.  The seller made the road.

[sfokevin]

I would agree that you should go to the Land Office and ask them to give you a plot plan in writing showing you the access route... You might politely ask an officer to come out and do a survey and talk with your neighbor... Thai seem to respect anyone in a uniform...

[Langsuan Man]

35 minutes ago, sfokevin said:

I would agree that you should go to the Land Office and ask them to give you a plot plan in writing showing you the access route... You might politely ask an officer to come out and do a survey and talk with your neighbor... Thai seem to respect anyone in a uniform...

You go to the land office and pay for  new survey,  they are not going to do it for free.  And your plat should already be on you Chanote,  which shows your boundary lines in relation to your neighbors 

[Formaleins]

Read this, it might help.

 

https://www.siam-legal.com/thailand-law/thai-property-easements-servitudes-or-right-of-ways/

[jimn]

Sorry to be negative but why in heavens name would you aquire land and build a house surrounded by land owned by an unfriendly person. Was this land inherited by your wife/daughter? If you bought the land for your daughter it appears you have made a big error.

[bankruatsteve]

12 minutes ago, jimn said:

Sorry to be negative but why in heavens name would you aquire land and build a house surrounded by land owned by an unfriendly person. Was this land inherited by your wife/daughter? If you bought the land for your daughter it appears you have made a big error.

Actually, this is quite common.  Usually, access is worked out amicably; otherwise the laws will apply.

[Media1]

20 hours ago, bankruatsteve said:

I'm pretty sure there is a law that there must be access to ones home via some width of path/road large enough for a vehicle.  You may have to pay something for it though.

 

LOL you told him the law states that there must be then you say pay..Please which one is it

[bankruatsteve]

5 minutes ago, Media1 said:

LOL you told him the law states that there must be then you say pay..Please which one is it

Take a look at the link in post #9 and decide yourself.

[ToddinChonburi]

This bad person can close road at any time. Then you would have to go to court to have it re opened.  My GFs family just went through this because of a jerk uncle.  He put up a fence to block the dirt road. You may have to pay to have access to road to the land owner.

    Never by land without official access road.

[ThaiWai]

20 hours ago, VocalNeal said:

^ Easier to ask for forgiveness than permission. 

Tell that to the twenty Thai boys stomping on your head and swinging machetes. 

[Media1]

20 hours ago, cornishcarlos said:

Just drive the rig in... Worry about it after :) That's what your neighbour would do if the roles were reversed...

yes

[Media1]

56 minutes ago, bankruatsteve said:

Take a look at the link in post #9 and decide yourself.

Drive straight in end of story 

[DJ54]

Make a road on your property 

[sfokevin]

5 hours ago, Langsuan Man said:

You go to the land office and pay for  new survey,  they are not going to do it for free.  And your plat should already be on you Chanote,  which shows your boundary lines in relation to your neighbors 

Sorry I did not mean do a new official survey of the land... I meant asking a guy from the Land Office who has a few metals on his breast pocket come out to the site and point his finger around where you could get a truck in and chat up the neighbor... In a small community this can be done with some gentle prodding by a distraught Thai wife and maybe some high proof gift of some kind...

[BEVUP]

21 hours ago, ToddinChonburi said:

This bad person can close road at any time. Then you would have to go to court to have it re opened.  My GFs family just went through this because of a jerk uncle.  He put up a fence to block the dirt road. You may have to pay to have access to road to the land owner.

    Never by land without official access road.

The jerk Uncle knew there was a Farang on the scene & wanted more

[sandyf]

On 4/7/2018 at 10:47 AM, bankruatsteve said:

Actually, this is quite common.  Usually, access is worked out amicably; otherwise the laws will apply.

Quite, particularly in rural areas, and then those areas become less rural and all land becomes desirable.

My wife's grandfather owned quite a large plot and when he died the land had to be split up among his 7 offspring. I have no idea how they decided who got what but if they all had to have access to a public road  there would have been some weird shapes. All but ours and the one next door have been sold off and split up so there must have been a great deal of access negotiations.

Although we have a public road on the boundary we never use that gate, we drive across the neighbouring land for access as it is much more private. That will not last much longer as the owner, my late father in law's brother in law is approaching ninety and the family are just waiting for him to die so they can sell it off. No property on the land, just coconut trees.

[bradiston]

Thanks to everybody who replied. I've had an access footpath since before buying the land (we originally had a lease) which has continued for over 10 years with no dispute. There's nothing in the sale about it, and nothing on the chanote. It seems to be common law - to the nearest public road. We're on a resort. Of course my lawyer should have pointed it out at the time of purchase, when the lease terminated, but nobody does anything here unless asked to. Caveat emptor! The drillers were happy to drill for me, but were scared of upsetting the landowner, who would without any shadow of a doubt, have called the police, and who needs that? Such is life.

 

Anyway, I think I have found a way round it. Apart from the resort owner, I have good, friendly neighbours, one of whom also has chanote, and is right on the main road. He's agreed I can drill a well there, and pipe the supply across my friendly neighbours' land to my place. Hopefully it will also supply them too if desired.

 

As the freeholder, he could still object to me laying pipes even across my friendly neighbours' land. But why? I don't think he'd have sufficient cause to argue that in front of a judge.

 

Thanks once again.