Land servitude

[Landsamui2012]

Does anyone have any experience of adding access rights to land of KS. Land is question is accessed via private road which has been in use for 15 years (3 rai was originally divided up with a private road created through the middle to access all plots). Assume this would be done at the land office but looking to understand the costs involved and how owner of the land that the private road sits on would be obtained. Would the access be marked up on the deeds once obtained. 

Edited August 13, 2019 by Landsamui2012

[churchill]

Access will be registered on the land papers and at the land office .

 

If it isn't you will need to speak to the owner of the access road and negotiate directly .

 

You can check the map of your land at the land office to see if the road is marked .

Edited August 13, 2019 by churchill

[khunPer]

I had a servitude with right-of-way made at KS 14 years ago.

 

You'll need each of the land owners to grant you right-of-way by servitude. The servitude can be a contract, and it can also be declared at the land office on the back of the title deeds in question.

 

According to my lawyer: Each landowner can give right for a declared title deed, that shall be named in the servitude. You'll need a servitude declaration from each land-owner of the road.

The 10-year rule for right-of-way is only valid if it's granted with a court declaration. You can bring a right-of-way claim for the court after 10 years uninterrupted road usage, but an owner can still at any time block a private road, until a right is granted. If a road is blocked, your 10-year period for right-of-way will start all over again from scratch. So my my former next door neighbor – who is lawyer, and also been acting as lawyer for me – told me about six month ago, when he was selling his own house, and the new buyer wished servitudes for right-of-way before paying an (relative high) agreed withheld sum.

 

In some cases a right-of-way is agreed with a compensation, which can either be monetary, or could be an agreement of for example paving of road, and/or maintenance of road.

[Landsamui2012]

Thank you both your replies, very helpful.  I think the challenge is going to be locating the owner of the Chanot titles that the concrete road sits on in order to get a servitude contract signed/approved (it's a seperate title just for the road ie that title was made solely to create a road through the residential plots). I understand that at least one other plot owner that uses the road has servitude granted so maybe It would help to take a look at that.