Neighbour destroys the boundary markers

[peterfranks]

I have a 1 Rai plot, 45 meter deep, and the perimeter wall is about 30 centimeter from the boundaries.

 

Now my neighbour at one side has destroyed the boundary markers twice already.

 

He removed it once, I then let the land office measure it again and put in new markers, and a few weeks later the markers, was destroyed with a hammer.

 

I still have the top with the numbers.

 

He then later let his land measure, but they didn't put in numbered markerss, only short square concrete poles which they painted red.

 

The concrete pole was exactly where my chanote previously was, 30 cm from the boundary.

 

Now recently he has fenced his plot with barbed wire, and he moved the pole that the land office had placed, back to right in the boundary.

 

What are my options, knowing that the neighbour is the local kamnan?

 

 

[Crossy]

4 minutes ago, peterfranks said:

What are my options, knowing that the neighbour is the local kamnan or poeyai baan?

 

This is going to be your problem I'm afraid.

 

It is illegal to destroy / move / interfere with the official boundary markers but ...

 

[Crossy]

How much inside your property is his new "boundary"?

 

It might pay to cut your losses and build an immovable (other than with a backhoe) boundary wall and eat the loss of property.

 

Having a Thai enemy, particularly one with a government position, as a neighbour is not something you want.

 

[peterfranks]

1 minute ago, Crossy said:

How much inside your property is his new "boundary"?

 

It might pay to cut your losses and build an immovable (other than with a backhoe) boundary wall and eat the loss of property.

 

My perimeter wall is 30 centimeter from the boundary, and he now placed the square pole right next to the perimeter wall.

 

My wall is 2 meter high, and I can't even access it any more, since he has fenced his plot with barbed wire.

[Crossy]

1 minute ago, peterfranks said:

My perimeter wall is 30 centimeter from the boundary, and he now placed the square pole right next to the perimeter wall.

My wall is 2 meter high, and I can't even access it any more, since he has fenced his plot with barbed wire.

 

OK, so the boundary probably isn't going to creep any more and you couldn't actually use the bit of land on "his" side anyway.

 

I know many will tell you to "grow a pair" but discretion is definitely the better part of valour.

[473geo]

Well actually leaving only a foot/30cm didn't leave a great deal of room for access without being on his land! 

I would wait and see what his intention is regarding your 30cm especially as you have a 2m wall his choices appear to be limited 

[peterfranks]

1 minute ago, Crossy said:

 

OK, so the boundary probably isn't going to creep any more and you couldn't actually use the bit of land on "his" side anyway.

 

I know many will tell you to "grow a pair" but discretion is definitely the better part of valour.

Yes he can't move it any further, and indeed I will never use the land.

 

The reason I built 30 cm from the boundary is that initially I had planned to have sloping columns attached to the perimeter wall, but later changed mind, because the constructor said that neighbour might make problems.

 

Think he was right lol

[blackcab]

Go back to the Land Office and explain to them what your neighbour is doing. Ask them to resurvey, and also ask them to explain to him where the boundary is. The Land Office can be quite forceful when then want to be.

 

Having said that, this is why people tend to build up to the boundary of their property.

[OneMoreFarang]

It's time to show him who has the bigger one.

 

[blackcab]

I have cleaned up the topic and replaced the word chanote with the words boundary markers.

[peterfranks]

3 minutes ago, blackcab said:

Go back to the Land Office and explain to them what your neighbour is doing. Ask them to resurvey, and also ask them to explain to him where the boundary is. The Land Office can be quite forceful when then want to be.

 

Having said that, this is why people tend to build up to the boundary of their property.

I only worry what else he can do to make life difficult for me, knowing he is a Kamnan.

 

The house was built 12 years ago, so long this is going on.

 

At one point in the past he allowed someone to dump dirt on his land, so the last 20 meter he filled up more than 1 meter, but 30 centimeter from my perimeter wall.

 

So when it rains the water stays between the filled area and my perimeter wall, probably undermining the foundation of my wall over time.

[blackcab]

4 minutes ago, peterfranks said:

At one point in the past he allowed someone to dump dirt on his land, so the last 20 meter he filled up more than 1 meter, but 30 centimeter from my perimeter wall.

 

So when it rains the water stays between the filled area and my perimeter wall, probably undermining the foundation of my wall over time.

 

What he did was perfectly legal, and if he is filling his land it would be considered fair and reasonable.

 

The Civil and Commercial Code, Section 1339 states:

 

The owner of a piece of land is bound to take the water that flows naturally on to it from higher land.

Water that flows naturally on to lower land and is necessary to such land may be retained by the owner of the higher land only to such extent as is indispensable to his land.

[1FinickyOne]

19 minutes ago, OneMoreFarang said:

It's time to show him who has the bigger one.

 

Is this what gets you all those girls? I know my wife would be impressed too... 

[peterfranks]

11 minutes ago, blackcab said:

 

What he did was perfectly legal, and if he is filling his land it would be considered fair and reasonable.

 

The Civil and Commercial Code, Section 1339 states:

 

The owner of a piece of land is bound to take the water that flows naturally on to it from higher land.

Water that flows naturally on to lower land and is necessary to such land may be retained by the owner of the higher land only to such extent as is indispensable to his land.

I understand that what he did is probably not illegal, but his intention was not to fill his land.

 

His plot is at least 3 Rai, maybe a little more, and he has 1 stroke from 20 meter by approx 5 meter that is 1 meter above street level now, all the rest is at street level.

 

This happened about 5 years ago, and has since not changed.

[blackcab]

2 minutes ago, peterfranks said:

...but his intention was not to fill his land.

 

You can not prove what his intention was. Perhaps he ran out of money. Perhaps the people doing the earth filling ran off with his deposit. Perhaps he just changed his mind.

 

I do see your point of view though, especially taken together with his other actions.

[KIngsofisaan]

It is too bad this has to happen, however, as others have mentioned, the headman always has a bunch of cronies at his beck and call.

 

Better to work together than make an enemy

[scubascuba3]

Falling out with neighbour isn't great, too late now

[peterfranks]

1 minute ago, scubascuba3 said:

Falling out with neighbour isn't great, too late now

The thing is, I have never spoken with him, much less had an argument.

 

It wasn't until 5-6 years after I moved in, I knew who he was.

 

The neighbour on the other side, from who I bought my land, always told me that he lived far away.

 

So it may even be a possibility that the kamnan is not the real owner, but just take care of the land for the owner.

[VocalNeal]

I thought you left the 30cm so you could put some angled posts with barbed wire that hang 20cm outside the wall but still not infringing on your neighbors land?

 

[NanLaew]

1 hour ago, Doctor Tom said:

The status of the chap involved is irrelevant. 

Bwah-ha-ha-ha-ha...

[NanLaew]

1 hour ago, Crossy said:

Having a Thai enemy, particularly one with a government position, as a neighbour is not something you want.

If I was the OP, I would be fixing to totally cut the losses and sell that plot. I bet there's someone related to the phuyai bahn that's already ready to make a rubbish offer as well.

[peterfranks]

3 minutes ago, NanLaew said:

If I was the OP, I would be fixing to totally cut the losses and sell that plot. I bet there's someone related to the phuyai bahn that's already ready to make a rubbish offer as well.

????

 

 

[Orinoco]

30cm and it's not used by you.

Let it go man.

Or get ready for years of bad blood.

This lot can be very nasty and vindictive,

No one will be on your side in your village if it kicks off.