Boundary wall.

[IvorBiggun2]

We have a 1.8m wall all around our property. The next door neighbour has land filled their land using our wall as a soil retainer to a height of 90cm. This is new soil and hasn't had a chance to be weathered in yet. What I'm worried about is the wall will come under great pressure once the rain season comes. I've read various articles saying this and that but nothing legally. So is there a legal right as to whether my neighbours can do what they've done. I have to declare that the husband of the owner neighbour is a German lawyer not that it makes much difference.

[proton]

This was just posted by somebody else, then is vanished

[sungod]

38 minutes ago, IvorBiggun2 said:

We have a 1.8m wall all around our property. The next door neighbour has land filled their land using our wall as a soil retainer to a height of 90cm. This is new soil and hasn't had a chance to be weathered in yet. What I'm worried about is the wall will come under great pressure once the rain season comes. I've read various articles saying this and that but nothing legally. So is there a legal right as to whether my neighbours can do what they've done. I have to declare that the husband of the owner neighbour is a German lawyer not that it makes much difference.

Had a mate who's wall collapsed 2 times due to the guy backing on to him having higher ground than him that filled with water during raining season. Don't think there s anything he could do, he just shored up the wall his side.

[JBChiangRai]

Your wall should have been set back from your boundary by a few inches, then they cannot encroach on your land legally.  Never build a wall ON the boundary.

[IvorBiggun2]

7 minutes ago, JBChiangRai said:

Your wall should have been set back from your boundary by a few inches, then they cannot encroach on your land legally.  Never build a wall ON the boundary.

Our land and the neighbours land is genuine Chanote, land with markers. Our land was marked up 15-16 years ago and our walls are all behind the markers guaranteed.

[macahoom]

10 minutes ago, JBChiangRai said:

Never build a wall ON the boundary.

 

100% correct.

[IvorBiggun2]

1 minute ago, macahoom said:

100% correct.

 

The people who mark up land know this.

[JBChiangRai]

4 minutes ago, IvorBiggun2 said:

Our land and the neighbours land is genuine Chanote, land with markers. Our land was marked up 15-16 years ago and our walls are all behind the markers guaranteed.

 

Then they cannot encroach on your land legally, if they have filled touching your wall ask your village headman, land office or tessaban to intervene and have it removed, they must build their own retaining wall.

[IvorBiggun2]

5 minutes ago, JBChiangRai said:

they must build their own retaining wall.

 

That's my thinking also.

[daveAustin]

Certainly don't accept it, esp with husband being a lawyer. He has likely eff'd over enough people in his time.

[FritsSikkink]

1 hour ago, IvorBiggun2 said:

Our land and the neighbours land is genuine Chanote, land with markers. Our land was marked up 15-16 years ago and our walls are all behind the markers guaranteed.

Than they filled your land for a part with soil which is illegal. Tell them to remove it.

[CharlieH]

If your wall is behind the boundary line and they have crossed that line, quite literally, then they can build their own wall on their side to retain their own soil.

 

My advice, get the wife to talk with Pu Yai Baan FIRST. Let him try to resolve, if not resolved you then pursue the legal route.

[Pouatchee]

5 hours ago, JBChiangRai said:

Your wall should have been set back from your boundary by a few inches, then they cannot encroach on your land legally.  Never build a wall ON the boundary.

 

5 hours ago, IvorBiggun2 said:

Our land and the neighbours land is genuine Chanote, land with markers. Our land was marked up 15-16 years ago and our walls are all behind the markers guaranteed.

 

i built the wall around our land for the exact reason as jbchiangrai states. as others have said the cannot encroach and have to build 1/2 over the marker or inches within their boundaries.

 

good luck and pliz update. i am betting many of us here are in the same boat

[IvorBiggun2]

4 minutes ago, CharlieH said:

If your wall is behind the boundary line and they have crossed that line, quite literally, then they can build their own wall on their side to retain their own soil.

I couldn't agree more but it's my wife that needs to sort out this problem. But Thais being Thais they don't seem to like confrontation so it's difficult. I said to my wife that in the future if the wall starts leaning or falls down what happens? She simply thinks that the neighbours have to build her another one. I doubt I'll be around when it happens but she won't see sense and sort the problem now. 

[Suitcase]

18 hours ago, JBChiangRai said:

Your wall should have been set back from your boundary by a few inches, then they cannot encroach on your land legally.  Never build a wall ON the boundary.

 

[Suitcase]

What difference does it make setting the wall back a couple inches from the boundary line
They can still pile the dirt next to the wall

[JBChiangRai]

50 minutes ago, Suitcase said:

What difference does it make setting the wall back a couple inches from the boundary line
They can still pile the dirt next to the wall

 

The difference is it is illegal to pile dirt on your land, so if you set the wall back a few inches they have to build their own retaining wall.

[Stevemercer]

We had the same problem with a neighbour filling right against our retaining wall (he filled about 0.8 m above our land). Before he did this, storm water would sometimes leak under our wall, but most would go off to a  neighbouring property that was lower than ours.

 

Come the first heavy storms and the water could no longer flow into the lower property and our wall started to crack. Luckily the new wall he had also built along the neighbouring lower property collapsed first and the water escaped.

 

Over his objections, I subsequently dug away the dirt against our wall and put in drains at both ends of his wall. We are talking about a 50 m length of wall and it was quite a big job taking me several weeks. My wife went to the local council who said it was illegal to pile fill against someone's fence and sent him various letters seeking a mediated outcome. However, he ignored all the letters. He did accept my drainage system (because he could see it actually worked) and we have maintained good relations.

 

Subsequently, the lower land I mentioned above (which also runs along our fence for about 50 m) was purchased by a developer who filled it about 1 m higher than our land. He probably did the right thing, however, because he first put in a sheet concrete retaining wall and then his own fence. Nevertheless, the water still has to go somewhere and sometimes floods into our backyard. I've put in drains to route the water away from the house which seemed to work last season. 

 

Anyway, its always going to be a problem when people start building next to you. They will always fill higher and the water has to go somewhere.

[IvorBiggun2]

^

Great post.

 

[sometime]

On 1/31/2024 at 1:23 PM, JBChiangRai said:

Your wall should have been set back from your boundary by a few inches, then they cannot encroach on your land legally.  Never build a wall ON the boundary.

I think you will find if you build your wall back from your boundary you lose that land

[JBChiangRai]

29 minutes ago, sometime said:

I think you will find if you build your wall back from your boundary you lose that land

 

You still own that land from your wall to the boundary, you don't lose it. You don't lose it if you don't build a wall either.

[advancebooking]

9 hours ago, JBChiangRai said:

 

The difference is it is illegal to pile dirt on your land, so if you set the wall back a few inches they have to build their own retaining wall.

TIT. They will never do that

[bbko]

Either the the neighbor is being rude & disrespectful or he doesn't know any better, he should have built his own wall and have a small gap between yours and his wall.

If the wife won't do anything about it, either speak with the farang neighbor or get the tessabaan or land office involved using your best Thai and/or Google translation.

[NorthernRyland]

5 hours ago, Stevemercer said:

We had the same problem with a neighbour filling right against our retaining wall (he filled about 0.8 m above our land). Before he did this, storm water would sometimes leak under our wall, but most would go off to a  neighbouring property that was lower than ours.

 

As noted before this could be solved by not having your wall on the actual boundary. Was your wall inset within your property? Just curious since I'm never thought about these kinds of problems before and what could happen.

[NorthernRyland]

5 hours ago, sometime said:

I think you will find if you build your wall back from your boundary you lose that land

In theory not if the land is deeded properly. If you're really worried about backwards villagers encroaching then you can even put up little posts on the boundary to remind them but still build the actual wall within your land.

[NorthernRyland]

17 minutes ago, bbko said:

Either the the neighbor is being rude & disrespectful or he doesn't know any better, he should have built his own wall and have a small gap between yours and his wall.

 

Neighbor is trash for sure. He did that to save money not building his own wall and imposed the costs and potential damage on the OP. Total scum bag loser.

[IvorBiggun2]

7 minutes ago, bbko said:

Either the the neighbor is being rude & disrespectful or he doesn't know any better

The neighbour is a Thai woman and she is married to a German LAWYER. Being a lawyer he should know the legal side of boundaries. He must know what they've done is wrong.

 

Quote

Section 1343. Land may not be excavated or overloaded in such manner as to endanger the stay of soil of an adjoining piece of land unless adequate measures are provided for preventing and injury.

 

Quote

Thailand Civil & Commercial Code (Part3) Section 1343

 

[NorthernRyland]

5 minutes ago, IvorBiggun2 said:

The neighbour is a Thai woman and she is married to a German LAWYER. Being a lawyer he should know the legal side of boundaries. He must know what they've done is wrong.

 

They know better for sure but they don't care.  Now it's your problem and what are you gonna do about it is what they're thinking. This is Thailand and they know 99% of the time people just hang their heads low and say nothing. The fact they didn't even ask you first shows they have no respect for you and your property.

[advancebooking]

On 1/31/2024 at 1:23 PM, JBChiangRai said:

Your wall should have been set back from your boundary by a few inches, then they cannot encroach on your land legally.  Never build a wall ON the boundary.

lose your land forever doing this. unwise decision. Neighbour thinks its his/ hers

[Denim]

There are some inconsiderate  and annoying people in this world. 

Makes you want to beat them at their own game , land fill your own plot 1 meter higher than theirs and when it rains see how they like it when the run off turns their plot into a puddle.