Neighbor takes over land that does not belong to him . What to do ?

[rumak]

Just now, nobodysfriend said:

The good old times ... are gone by now , it seems ...

Today it is only money that counts ... sad .

 

Start building that wall .    ????         

[nobodysfriend]

3 minutes ago, rumak said:

 

Start building that wall .    ????         

Still too busy to destroy the walls in my mind ... 555

 

[khunPer]

On 6/12/2021 at 2:59 AM, nobodysfriend said:

I was just used to cross this land for 5 yrs already , until a  ' thief ' tells me that she does not want me to do this anymore .

To have legal right of way in Thailand, you need to have been using the way over the land in question for 10 years, and furthermore claim your right of way. Any disturbance in using the way resets the 10-year period, according to my lawyer, who himself has a problem with claiming "right of way" over private land to his property, so he probably knows quite well what he's talking about.

 

If you continue to cross land that is not yours, or you don't have any legal right of way to cross, you can be accused for trespassing.

[Stevemercer]

Good on you (the poster) for sticking up for your way of life. Why should you accept arbitrary  restrictions imposed by someone who has no right to do so.

 

I wish more people would stand up for themselves rather than just giving up.

[rumak]

Just now, nobodysfriend said:

Still too busy to break down the walls in my mind ...

 

i know how you feel.   I have a small property recently bought that I am having to bite my tongue .....about the delays in getting " permission"  from the tessabahn.    

Too old to go complain........ just waiting it out and letting the GF take care of it .  I used to do all this stuff myself,  but don't have the same testosterone anymore.   

Plus,   it just is not as important as in the old days.   try to relax    55

[nobodysfriend]

1 minute ago, rumak said:

 

i know how you feel.   I have a small property recently bought that I am having to bite my tongue .....about the delays in getting " permission"  from the tessabahn.    

Too old to go complain........ just waiting it out and letting the GF take care of it .  I used to do all this stuff myself,  but don't have the same testosterone anymore.   

Plus,   it just is not as important as in the old days.   try to relax    55

Thanks , I'll do my best ...

enjoy every day .

But do not let them do with you what they want .

[GarryP]

On 6/12/2021 at 9:22 AM, nobodysfriend said:

Afaik , the owner won't be able to sign any documents as he is dead . Have to double check ...

So you would just need to check his next of kin, if you can locate them. They may not even be aware that they have inherited any land (unlikely but possible).

[GarryP]

On 6/12/2021 at 9:06 AM, 4MyEgo said:

 

My wife has a few land plots around the village, she has aloud the guy who built our place and who still does work for us when we can get our hands on him as he is always busy with work, to build a makeshift place on her land so that he has somewhere to park himself, i.e. after his wife through him out of her house, so not unusual to see someone else on someone else's land. 

 

My wife has gotten village talk back asking how much she sold the land to him for, asked why, oh because he said he bought it from you, with her reply being, he got it at a good price and left it at that. I suppose he doesn't want to lose face or something like that, even grows rice on it during the season as my wife does nothing with it.

 

Now before anyone jumps to conclusions, no he is not my wife's ex....lol, he is the wife's sister's boyfriend or friend with benefits as he sleeps at her place at night a couple of ploys up from my wife's land.

 

So as I said, not unusual to see someone else on someone land, also her parents lease out their rice fields to the neighbour as they are too old to do the rice themselves.  

You should have your wife charge him token rent if you anticipate he will be around for a number of years. Say a sack of rice a year. That way he cannot turn around and claim the land as his after 10 years. Draw up a very basic rental contract. 

[nobodysfriend]

3 minutes ago, Victornoir said:

In this story we only have one version. Maybe the dogs poop or their aggressive barking is an annoyance to others.

 

They normally poop already in the 12 rai plot that is ours and borders the land I trespass ...

You want to have the version of the dogs ?

Well  they are used to go there , someone suddenly turns up and is angry ... they just ignore him and continue ... only the Rottweiler is ' suspicious ' and watches closely . 

[4MyEgo]

2 minutes ago, GarryP said:

You should have your wife charge him token rent if you anticipate he will be around for a number of years. Say a sack of rice a year. That way he cannot turn around and claim the land as his after 10 years. Draw up a very basic rental contract. 

Thx, he won't be there for much longer as he has purchased a small lot up the road, just has to find the time to make the move after he builds a one bedroom shack on it for himself. Don't worry if pus comes to shove, I will reverse the pick up over his little tin shack when he is not there, by accident of course.

[Cake Monster]

OP

Have you even considered that the person may have a rental agreement on the Land from the Owner .

[nobodysfriend]

Thanks for everything , I learned a lot ...

I have to go and get a beer now .

[CrunchWrapSupreme]

Encroachment, a time-honored Thai tradition.

 

Wife tells me her dad's land around the house used to be a bit larger. Then over time, the neighbors started building structures closer and closer. Sheds, rice houses, canopies for parking their farm equipment. Finally, dad had to build a wall, giving up what was his, but had been built upon.

 

He had faced a dilemma. Fight the neighbors for his land, which would cost legal expenses, or build the wall and save what he had left? The latter option was cheaper and better for keeping the peace. No hard feelings between him and the neighbors since. Such is Thai style, going with the flow.

[Ventenio]

On 6/12/2021 at 7:35 AM, nobodysfriend said:

that I pass with my dogs

 

you mean trespass?    If so, this is irony.   You are mad someone's trespassing as you trespass.  lol.  dogs?  dogs in Thailand are suspect, she has a right to be afraid.  

 

actually, it's your life.......you will lose no matter what, and you know that.   you already know they don't like you, and that's too bad.  they don't like your dogs, which is also too bad.  you don't feel welcome, which isn't a good feeling.   

 

the question is......do you really want to make it worse?  to the point of no return?   to the point of you moving as you leave your house behind.

 

this is not a war to fight........to me.   to you, ah..... up to you

[Liverpool Lou]

On 6/12/2021 at 7:35 AM, nobodysfriend said:

What else can I do ?

Nothing, if it's not your land so it's none of your business apart from reporting her to the police if you feel that strongly about it.

[Liverpool Lou]

On 6/12/2021 at 7:59 AM, nobodysfriend said:

was just used to cross this land for 5 yrs already , until a  ' thief ' tells me that she does not want me to do this anymore .

How do you know that she hasn't bought it in the five years since you tried to buy it?  Perhaps she's not a thief.

[Nanaplaza666]

1 hour ago, nobodysfriend said:

No , I am not hungry anymore .

 

I do not have a million rai .

I learned that time is precious . If someone owns too much , he has to spend too much of his time for looking after ...

In the end the one who has time is richer ... time is a limited good . Just a few yrs left that I want to spend in peace and do something good for nature . I was poor , then I became rich for a while , but when I was poor , I was more happy in life ... but that was , may be , because I was a lot younger ?

And yet you worry about other mans property and people using or abusing it . Enjoy your life and don't try to worry about it . If it's not the persons land just keep crossing it to walk your dog and enjoy that time .

[Liverpool Lou]

On 6/12/2021 at 9:22 AM, nobodysfriend said:

Afaik , the owner won't be able to sign any documents as he is dead . Have to double check ...

It, obviously, belongs to someone, or some agency, who can sign.  Land doesn't just suddenly not have an owner even if the last owner is deceased.  If there are no next of kin the land becomes the property of the state.

[EricTh]

I thought foreigners aren't allowed to buy land. How did TS manage to?

[from the home of CC]

On 6/12/2021 at 8:48 AM, KarenBravo said:

 

........and if you do hire a lawyer, make sure that they are not local. Collusion between lawyers and defendants is rife. Also, if they hire a local lawyer, the two lawyers will know each other and make sure they both make money and that will be yours.

Hire a lawyer from Bangkok.

same **** they pull in the west..

[from the home of CC]

when it's not your business and you stick your nose in don't be surprised if it gets bit off..

[sirineou]

On 6/12/2021 at 7:35 AM, nobodysfriend said:

I will go and check the legal title with the local land office , but I know already that is is not the one who takes it now , who is registered as the owner .

What else can I do ?

Tread lightly , as others have said this neighbor might be trying to develop " Squatter Rights "  I am not exactly of the laws concerning that in Thailand , but one thing for sure is that if it is possible, she will have to prove sole  possession for a certain length of time.  And you challenging her right to be there, endangers her claim, combine that with her connection to the local land office and  possibly other local government officials, and you can find your self in a world of trouble. 

Find another place to walk you dog, and mind your own business. 

[Andre0720]

On 6/12/2021 at 7:50 AM, tonray said:

Agreed...but if you want to stay safe in Thailand....you should steer clear of getting involved in Thai property squabbles....advice that will prevent next year's post "I am not safe on my own land and worry I'll be killed while I sleep"

Yes of course, quite right.

But this phrase here always comes back to haunt me...:

"The sin of doing nothing is the deadliest of all the seven sins. It has been said that for evil men to accomplish their purpose it is only necessary that good men should do nothing.”

 

[tonray]

6 minutes ago, Andre0720 said:

Yes of course, quite right.

But this phrase here always comes back to haunt me...:

"The sin of doing nothing is the deadliest of all the seven sins. It has been said that for evil men to accomplish their purpose it is only necessary that good men should do nothing.”

 

It's not a case of someone abusing a child or an animal...it's a 'possible' case of someone squatting on another's land. Huge difference in getting involved here and ruining your own existence for nothing. You're not saving anybody...just screwing yourself

[rumak]

1 hour ago, nobodysfriend said:

Thanks , I'll do my best ...

enjoy every day .

But do not let them do with you what they want .

 

It took me a while........ but i figured out that the less I said the better.    Just let someone know once what i think is right,  then practice quiet resolve.    If one is not a pushover others can sense it.     But barking too loud and aggressively only gets negative results .

 

If need be,  I just turn on a Rambo movie and pretend its me walking into the village.

 

[rumak]

13 minutes ago, Andre0720 said:

Yes of course, quite right.

But this phrase here always comes back to haunt me...:

"The sin of doing nothing is the deadliest of all the seven sins. It has been said that for evil men to accomplish their purpose it is only necessary that good men should do nothing.”

 

 

WOW....   now i know who that man is !   Good work Andre .

 

 

 

Now,  your next mission,  if you choose to accept it ,  is .............................

 

[alacrity]

4 hours ago, nobodysfriend said:

What happened really is that the owner died quite a long time ago , nobody did ever show up or took care of the land . The Neighbor decided to ' jump on the occasion' and take over ... That's why she had the trees cut to make a soi .

The Kamnan told me they are in the process of buying it , but the names have not officially changed yet ... ?

Believe it or not , I do not because the owner died and no heirs are known ... so from whom do they buy it ...?

They will occupy it for ten years , do a little work etc , and then claim it as theirs .

It is a nice piece of about 35 rai , ( I remeasured it by google earth ) and worth quite a lot I think ... I let them do it , I do not want to create trouble , I just want to walk there .

I got a lever now , if they want to make problems for me , I'll make problems for them , too . A few years ago , the said neighbor came up to me and asked me to help her please as she was losing a 12 rai plot ( nor sor 3 kor ) to the bank .

I helped her and bought this 12 rai plot for a good price , she thanked me a lot for this .

I have a good reputation her on Koh Kho Khao island , I helped a lot of people by giving jobs ( and income ) to them , but , from the beginning , I made it clear that I would not do anything illegal , or buy land without good papers ( Chanote or nor sor 3 kor ) . We had our dog poisoned just after arriving here , they did that without reason , just to teach the farang a ' lesson ' .

Originally on this island there were only 2 family names , that is why all the women are ugly here , and many are mentally disturbed it seems . 555

But the island is still beautiful and not densely populated .

After our dog died ( in my arms ) I decided to do something for the suffering creatures and adopted a lot ...

Now we take care for 18 dogs in 2 different properties here , and we help feed and neutralize the rest of the many strays left on the island . Our dogs , at least the ones who stay with us are not aggressive , they bite nobody , just ignore strangers .

So, you fed the snake and now it's turning on you. 20:20 hindsight should be teaching you something.

 

[rumak]

40 minutes ago, EricTh said:

I thought foreigners aren't allowed to buy land. How did TS manage to?

 

I've bought land numerous times.          How i do it is indeed a mystery  

[Scott Tracy]

On 6/12/2021 at 7:59 AM, nobodysfriend said:

I was just used to cross this land for 5 yrs already , until a  ' thief ' tells me that she does not want me to do this anymore .

 

You have verified that she is a thief and she has no legal rights to this land?

 

You had no rights to cross this land without permission at any time. Just because you did it for 5 years, doesn't make it right. It just makes it wrong for 5 years.

 

I concur with previous comments, keep out of it. It does not concern you. The welfare of the trees on someone else's land is not your concern at anytime. Nor would it be in your home country, unless there was an equivalent to a preservation order on them. 

 

Complain in the house, but keep it to yourselves. If a Thai person wishes to stir the pot, then that is their decision.

 

 

[MrJ2U]

On 6/12/2021 at 7:48 AM, nobodysfriend said:

Yes , I have probably no legal right to even cross this property as it does not belong to me .

But , at least , I do not cut the trees . The neighbor who takes it now , does a lot of damage and does not have the right to do this either .

I have been crossing this property for 5 yrs now . Nobody ever was there to complain about this . Until now .

Until you know who's land it is I wouldn't cause any problems.  It sounds as the two of you unfortunately don't get along and didn't even before the land grab.