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Posted

I live in a development of 5 properties When We agreed to purchase the land from the Developer (subsequently I got the seller/developer to build for me) I asked him at that time....."who will own the driveway"....to which he responded "all five owners will "

Many times in the past 7 years I asked about the Chanote.... always getting vague responses..... Finally he admitted that he had passed it to the "Public" i.e the council via the Land office.... I have recently had this confirmed

I seem to remember reading a topic similar to this..... In which, if my memory serves me correctly..... A responder said 

by forming a "committee" of owners.....the Chanote can be requested to be returned 

Anyone with any knowledge of this please 

 

Posted

Similar, but not as legally binding as in a condo, these developments / Moobans can elect a committee and juristic person to manage the day to day operation of the community.  These entities are recognized by the Land Office 

 

I don't know what impact that would have on the chanote but it would appear to me that the laws regarding access to property would guarantee continued access to this "driveway" for residents and what the chanote shows would be  superfluous

 

Now if you are saying that the developer did not issue individual chanotes to each  owner that is a whole new ball game and would require the services of a lawyer who specializes in property issues

Posted

You're in Pattaya right?

 

if the chanote was given to the city, they maintain it, if all of the residents managed to form a juristic person like a condo, you can manage it, hire security and have access control etc, the city might then ask that you use private garbage, street sweeping etc.

 

Sometimes with previously private road that was given to the city, repairs and improvement will lag behind as the budget for these roads can be in a bit of a limbo unless you have connections to the administration. If all the residents are capable of forming a juristic person, it's a better deal for not much payment per year

Posted

The driveway gives access to the 5 owners, it is a cul de sac without any possibility of becoming a thoroughfare, we keep it clean and tidy, indeed along the outside of our walls are shrub boarders, adjacent to the concrete drive, inside the line of our  boundary markers

As a responder mentioned, there is a security box (for sleeping in ?

I also have no doubt that the Council will show no urgency in maintaining it,which we already do ourselves (well my Canadian neighbour and myself)

We also pay B350 annually for the bins to be emptied 

With regard to our own chanotes, we did finally get them, after weeks/months of waiting, as the builder makes a habit (business) of borrowing against them, even though I paid him monthly on the drip while he was building the house. 

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