1 hour ago, bbko said:

If the wife won't do anything about it, either speak with the farang neighbor or get the tessabaan or land

Wife is owner,  they will only talk to the owner 

26 minutes ago, advancebooking said:

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

two people said this already. Are you thinking of un-deeded agricultural land? If the land is measured and registered with the land office then you have a legal right to it. If they build something on your land and it goes uncontested for some number of years then yes you'll have a problem as I understand, but not if you register a complaint immediately and have it resolved.

5 minutes ago, Bill97 said:

Wife is owner,  they will only talk to the owner 

If that's true, I'd be taking a small hammer to MY wall and popping various peep holes in it, it is after all MY wall.

When the neighbours filled against our wall I could see the potential problems straight away (flooding and the wall breaking during the next wet season). I asked my wife to help sort the issue with the neighbour, but her view was it was his land and he could do what he wanted.

 

There can be a marked difference between western and Thai thought processes. Westerners (at least some of them) will see the potential future problems and want to address them proactively, before the worst happens - preventative maintenance/management (e.g. the wall collapses). Thais (most of them) will not worry about it until the worst actually happens - crisis management.

On 1/31/2024 at 1:47 PM, IvorBiggun2 said:

 

That's my thinking also.

If your wall is not on the property line. 
 

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 used to stay on a rural property where the fence was built well back from the property line, maybe 20 feet. That way people could not even approach the fence. The "no mans land" between the fence and property line had no trespassing signs posted. Solves the problem over fence disputes I guess. It's worth the sacrifice of space if you have the land. You can also use a see through fence.

 

Even with all that I still had morons approaching the fence occasionally and trespassing as if the rules did not apply to them 🤣

Edited February 1, 20242 yr by JimTripper

On 1/31/2024 at 12:42 PM, IvorBiggun2 said:

The next door neighbour has land filled their land using our wall as a soil retainer to a height of 90cm.

You should make your objection at the time they start the work. But if your wall is right on the property line then what they did is in their own property. 

7 hours ago, The Theory said:

if your wall is right on the property line then what they did is in their own property. 

You haven't read all my replies. I have stated that 'all my walls are inside the Chanote  markers'. 

9 hours ago, Stevemercer said:

Thais (most of them) will not worry about it until the worst actually happens - crisis management.

Thais only worry about tomorrow, when tomorrow comes. All too late then.

12 hours ago, advancebooking said:

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

 

Sorry but you are wrong, the authorities will take it up with your neighbour if they encroach on your land with soil because your neighbour is breaking the law.  If you build on the boundary and your neighbour's pile up soil that is no longer criminal and if that soil then destroys your wall then you yourself have to handle it through a time consuming, expensive & risky civil action.

 

Always build your wall set back a little bit from the boundary.

25 minutes ago, JBChiangRai said:

then you yourself have to handle it through a time consuming, expensive & risky civil action.

 

 

I think that is how our dispute will end, in the courts and having to pay out lawyers fees that we can't recoup.

29 minutes ago, JBChiangRai said:

 

Sorry but you are wrong, the authorities will take it up with your neighbour if they encroach on your land with soil because your neighbour is breaking the law.  If you build on the boundary and your neighbour's pile up soil that is no longer criminal and if that soil then destroys your wall then you yourself have to handle it through a time consuming, expensive & risky civil action.

 

Always build your wall set back a little bit from the boundary.

How do you know this, do you have a source, Im just curious?

 

I know back in Australia, unless the law has changed recently, if you move your boundary wall/fence etc onto ajoining land and there are no complaints you can claim it as your own after a period of time.  A friend of mine did it by taking over the "right of way" at the rear of his property originally used for night carts.  After 5 years? and no complaints he claimed it as his own and noone could stop him.

"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."

Have you had any discussion with them regarding what's happening ? If they give a none scenes answer it means that they have done it intentionally (they know how justice system works in Thailand, there is no law till you make it to be enforced by court). You will have one choice only to resolve the matter by taking it court. 

12 minutes ago, IvorBiggun2 said:

I think that is how our dispute will end, in the courts and having to pay out lawyers fees that we can't recoup.

 

It's far better to involve the authorities now, they will handle it for you because the law has been broken and you don't need to do anything once they are involved, start with your village headman, if no joy talk to Tessaban then land office.

 

2 minutes ago, ThaiFelix said:

How do you know this, do you have a source, Im just curious?

 

I know back in Australia, unless the law has changed recently, if you move your boundary wall/fence etc onto ajoining land and there are no complaints you can claim it as your own after a period of time.  A friend of mine did it by taking over the "right of way" at the rear of his property originally used for night carts.  After 5 years? and no complaints he claimed it as his own and noone could stop him.

 

We are involved in building housing estates.  There is a similar law to what you describe, IIRC it's 12 years and you have to pay tax on it for those years too, you may or may not need a dwelling on it too.  I don't have first hand experience, we have never done it.

51 minutes ago, The Theory said:

Have you had any discussion with them regarding what's happening

 

My wife has spoken to the family of the owner but the owner is currently in Germany.

 

 

51 minutes ago, The Theory said:

If they give a none scenes answer it means that they have done it intentionally (they know how justice system works in Thailand,

My belief is that they knew what they were doing but are playing the 'waiting game'. Thais ain't stupid when it comes to land laws and markers. 

At the end of the day this is a Thai thing and I don't really play a part in this and neither does the husband of the neighbour.

Edited February 2, 20242 yr by IvorBiggun2

11 hours ago, JimTripper said:

I used to stay on a rural property where the fence was built well back from the property line, maybe 20 feet. That way people could not even approach the fence. The "no mans land" between the fence and property line had no trespassing signs posted. Solves the problem over fence disputes I guess. It's worth the sacrifice of space if you have the land. You can also use a see through fence.

 

Even with all that I still had morons approaching the fence occasionally and trespassing as if the rules did not apply to them 🤣

That leaves room for truckloads of trash & clippings.....We had a house with a vacant lot of about 2 Rai on the other side of our 7ft wall = it basically became the nearest handy dumping ground.....

4 hours ago, JBChiangRai said:

 

Sorry but you are wrong, the authorities will take it up with your neighbour if they encroach on your land with soil because your neighbour is breaking the law.  If you build on the boundary and your neighbour's pile up soil that is no longer criminal and if that soil then destroys your wall then you yourself have to handle it through a time consuming, expensive & risky civil action.

 

Always build your wall set back a little bit from the boundary.

You think like a farang but you live in Thailand...   Most Thai neighbours will not give a dam and do not think like you. 

7 minutes ago, advancebooking said:

You think like a farang but you live in Thailand...   Most Thai neighbours will not give a dam and do not think like you. 

 

Our company designs and builds moo baan here, I think like a lawyer

We (almost) had a situation like this with the new neighbors. Our wire fence is 10 cm 'inside' the property, which was made clear to them by the land office guy when they measured the land. Tried anyway, but we were alert and insisted they move markers and holes back.

 

I thought there's a chance their not-so-well-built wall might eventually collapse to our side, what with landfill not set and quality of construction. Asked the headman, and another neighbor who's a former headman. Both said there's nothing to be done until the wall noticeably sags or collapses. On the positive side - both said it's a common issue, and the 'rules' (at least on the local level) are clear as to who's responsible and that things need to be fixed asap.

17 hours ago, NorthernRyland said:

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.

 

Maybe different as it's another mixed couple.

54 minutes ago, JBChiangRai said:

 

Our company designs and builds moo baan here, I think like a lawyer

But you are not a lawyer and you are not a Thai person. 

 

Last year we put retaining walls in on our land. If we had installed them well inside our boundary I think our neighbour would be wondering why the hell is the farang doing that.... Such a stupid suggestion no offence. 

On 1/31/2024 at 7:01 PM, IvorBiggun2 said:

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. 

I see this as the only amicable situation. get a signed agreement in place where the neighbor agrees to pay for reconstruction or repairs if the filled land damages your wall. They certainly have enough incentive to agree, as their only other option is as labor-intensive as it is expensive -- to remove the fill, build their own retaining wall. 

 

You force that solution and you make an enemy for life.   

I would thing a perimeter garden wall is a shared facility between yourself and the people on the other side. Doubt if there is anything you can do about what they are doing.

1 hour ago, advancebooking said:

But you are not a lawyer and you are not a Thai person. 

 

Last year we put retaining walls in on our land. If we had installed them well inside our boundary I think our neighbour would be wondering why the hell is the farang doing that.... Such a stupid suggestion no offence. 

 

It doesn't have to be well inside your boundary, a couple of inches is enough.  I guess you have built your wall on your boundary, that was a very stupid thing to do, no offence.  Your neighbour can do anything he wants up to your wall and if it's destroyed you are up a gumtree with civil action your only redress.

 

I can explain it to you, but I can't understand it for you.

Edited February 2, 20242 yr by JBChiangRai
Spellong

7 hours ago, JBChiangRai said:

I can explain it to you, but I can't understand it for you.

This is the quote of the day in my humble opinion!

who said you had to leave the boundary space empty?  Build your wall half a meter back from the property line.  Then fill in that space with decorative shrubs or fruiting trees.  Or make actual use of it and dig a drainage

On 2/3/2024 at 11:15 PM, Rookie1 said:

fill in that space with decorative shrubs or fruiting trees.

And if the shrubs and fruit trees overlaps the boundary the neighbour is legally correct in cutting back all that grows over the boundary line.