Chanote land

[bobby2]

My wife has bought some land on Koh Lanta with a Chanote title. The seller arrange for the guy from local land office to come and check with us all correct as 2 posts had wrong numbers. He confirmed size position etc all ok and land was purchased.

When the land office came out again to correct post numbers they did a full survey Inc salatalite position it now  turns out the house we have started to build is 1.2 to far to the left. So we have a very high retaining wall and part of the house on next doors land and 1.2 meter space to the right not being used.

The small section of land that the house is built on is also owned by the same guy who sold us ours, but I believe he has a loan out on it.

He does not argue that we have built in wrong place as we have videos and phone call recording of everything, but struggling to get a straight answer from him.

Any suggestions would be greatful.

[cooked]

Buy the other parcel? A friend bought so,e land and adfter a year discovered that the neighbour's house was on his land. Still there.

The guy is now obviously waiting for you to maker asn offer / find a solution, his family will doubtless pressuring him to profit from the situation.

Good luck.

[ezzra]

To solve the problem are two ways, demolish and build a new correctly this time, yes, it costly but chalke it to one of those life's screw ups everybody is making,  or buy the plot next door, otherwise that will be a never ending problem that will endure for years...

[bobby2]

3 mil spent so far and whole house would have to come down as layout would not work. Buying the land for what in effect would be 22 sq meters is extreme. I need him sign over the small section and include it in our Chanote but I believe he has borrowed on Nor Sor Sam title. If he has planned this all along he is going to ask for big bucks to buy other plot.

[sometimewoodworker]

5 hours ago, cooked said:

Buy the other parcel? A friend bought so,e land and adfter a year discovered that the neighbour's house was on his land. Still there.

The guy is now obviously waiting for you to maker asn offer / find a solution, his family will doubtless pressuring him to profit from the situation.

Good luck.

That is a dangerous situation, as unless something is done within the time limit the neighbor will become the owner of the land the house is on and your landownership paper will not override that.

 

It is something like 10 years occupation and you are the owner, the land paper is trumped by occupation.

Edited July 5, 2019 by sometimewoodworker

[churchill]

How much has he borrowed ? Perhaps you could agree to help him pay back the loan on condition he subdivided a section of his plot for you ..

[ThomasThBKK]

4 hours ago, sometimewoodworker said:

That is a dangerous situation, as unless something is done within the time limit the neighbor will become the owner of the land the house is on and your landownership paper will not override that.

 

It is something like 10 years occupation and you are the owner, the land paper is trumped by occupation.

yes indeed very dangerous: https://www.tilleke.com/resources/land-ownership-through-adverse-possession

 

This is not thailand specific, it's like this in most civil law countries.

[sometimewoodworker]

18 minutes ago, ThomasThBKK said:

yes indeed very dangerous: https://www.tilleke.com/resources/land-ownership-through-adverse-possession

 

This is not thailand specific, it's like this in most civil law countries.

It is actually the time that the person has been living on the land and does not reset with the sale of the land, this makes the situation even more dangerous and with some titles the time is as short as 1 year.

 

Quote

If a squatter is in possession of land for an uninterrupted period of 10 years in case of a Chanote (section 1382) ('and have peacefully and openly possessed the property belonging to another, with the intention to be its owner he acquires ownership of it'), they can apply to the Land Office for a deed of ownership. So, if you hold land under Chanote but a squatter takes possession and you do nothing to remove that squatter from the land for 10 years, then you could lose that land to the squatter. As this is only one year in case of possession (section 1374 Civil and Commercial Code) it is not uncommon for someone else to claim possession over (part of) such land.

https://www.samuiforsale.com/knowledge/thailand-land-title-deeds.html

Edited July 5, 2019 by sometimewoodworker

[sometimewoodworker]

9 hours ago, bobby2 said:

3 mil spent so far and whole house would have to come down as layout would not work. Buying the land for what in effect would be 22 sq meters is extreme. I need him sign over the small section and include it in our Chanote but I believe he has borrowed on Nor Sor Sam title. If he has planned this all along he is going to ask for big bucks to buy other plot.

Get legal advice, check how long you need to posses the land and it may become yours.

 

What you want/need does not matter. You are 3,000,000 in the hole for your own error (it is quite likely that he did not know the boundary error when he sold it), you will have to try to negotiate. Otherwise  bend over and grab your ankles.

 

He has the upper hand and could he or the bank he as got the loan from could force you to demolish anything that is encroaching.

Edited July 5, 2019 by sometimewoodworker

[bobby2]

No one lives on the land as an overgrown plot. I know we have made a mistake and took the land office manager who check before we bought at his word. The owner is not arguing over the position of house so hopefully we can get an agreement with this small section includes in a new Chanote.

Have to find out if he has title or held by bank.