Someone leased my friend land that has a public road through it without disclosing!

[ElephantEgo]

Someone leased my friend land that has a public road through it without disclosing! They had 3x Sor Kor Sam titles. But when the survey people came out, it was shown that there is another piece of land in the leased area, which has space set aside for a public road on it.

They cannot lease out this entire parcel legally, right?

Is it a criminal or civil offense if they did anyways?

Would it be a bad idea to build anything on that land?
Would it be a good or bad idea if someone pays the Orbortor to look the other way, and grant a permit nevertheless?
If doing so, who should be liable to pay that -- the leaser or lessee?

...Bad situation!!! Any advice is much appreciated.

 

[blackcab]

Q: They cannot lease out this entire parcel legally, right?

A: They cannot lease out public land as it does not belong to them

 

Q: Is it a criminal or civil offense if they did anyways?

A: It depends on their intent, and who can prove what was in the lessor's mind at the time of signing the lease. Perhaps the lessor just forgot and it is a misunderstanding.

 

Q: Would it be a bad idea to build anything on that land?

A: Yes because then the lessee puts themselves in a situation where they will have to pay and to keep on paying for people to look the other way. The more successful the lessee gets, the more they will have to pay.

Q: Would it be a good or bad idea if someone pays the Orbortor to look the other way, and grant a permit nevertheless?

A: A bad idea. First you will pay the orbortor. After everything is complete and all the money has been spent you might well get a visit from the Land Department. And maybe then from the police. It just goes on and on.

Q: If doing so, who should be liable to pay that -- the leaser or lessee?

A: Unless otherwise stated in the lease then the lessee is always liable for payments relating to work they undertake on the land.

 

Try and design your build around the public land. Allow for it if possible. I have seen areas such as this used as car parks or green spaces. Clever planning can help a lot.

[ElephantEgo]

Now the people who rented out that land without a proper title on it all, are threatening to kick my friend's co. out in 2 weeks if they dont pay the orbortor under the table for a building permit and start building.

 

Does my friend have any recourse? He doesnt want to build on that land subject to extortion! They need time to sort it out and make a new design which costs a lot of time and money usually.. 2 weeks is a lot of pressure.

Edited February 22, 2023 by JakeR

[eisfeld]

Your friend needs to cut his costs and run from this piece. Why would the land owner try to pressure them to build? This thing has more red flags than a shop selling red flags.

 

I would only consider putting legal pressure on the lessor for potentially misrepresenting the facts of the land. Probably the best would be to get out of the lease contract and walk.

 

It is definitely not going to end well continueing with the project.

 

Edited February 22, 2023 by eisfeld

[blackcab]

3 hours ago, JakeR said:

Now the people who rented out that land without a proper title on it all, are threatening to kick my friend's co. out in 2 weeks if they dont pay the orbortor under the table for a building permit and start building.

 

Does my friend have any recourse? He doesnt want to build on that land subject to extortion! They need time to sort it out and make a new design which costs a lot of time and money usually.. 2 weeks is a lot of pressure.

 

This is impossible to say without reading the entire lease contract. Also you have not stated how long the lease is for, or whether the lease is registered on the back of the title deed.

 

What I would say is that land leases are a specialist area. You really do need to completely understand what you are signing, and also the possible ramifications of the lease. You especially need to know how to deal with the lessor in both good times and bad.