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Seeking insight/anecdotal information on how to remove a servitude/easement covenant from a chanode.

Also, appreciate any referrals of lawyers in BKK that could provide guidance/assistance on servitudes/easements.

TL;DR

My apologies in advance for the long description…

My wife (Thai citizen) inherited property about 20 years ago that is located in Bangkok. She is now trying to sell the property. However, the chanode contains a servitude (easement) covenant that interested buyers have requested be removed.

The chanode dates from the 1950s and contains an easement covenant that lists four properties granted an easement and refers to another document (easement document) for details on the easement. The easement document states that four neighboring properties are granted “about 4m” access (translation from Thai) along one side of her property to reach the main road.

In the 1970s, a public road with sidewalks was built on the side of the property that has the easement. About 2m of her property was used/taken to construct the public road and sidewalk. This public road is over 12m wide. The chanode was never updated to indicate that the road was constructed, nor was the size of her property reduced to reflect the property taken to build the road, nor was the easement covenant removed.

The property was resurveyed this year by the Land Department. When the property was resurveyed, my wife asked the Land Department to remove the easement covenant since the easement is no longer needed (nor has ever been used) because the public road provides access to the main road for the properties granted easement. The Land Department refused to remove the easement covenant and indicated that she must either: (1) get signatures from all the owners granted easement on a document indicating that they no long need the easement, or (2) get a court order to remove the easement.

Option (1) is not practical since three of the original properties were subdivided in the 1970s into 40+ properties each (total of 120+ properties). The Land Department indicated that the easement would also apply to the subdivided properties, hence many signatures would be required.

We would appreciate any insight/anecdotal information on how to remove an easement covenant/clause from a chanode. Are there any other options?

In addition, we would appreciate referral of lawyers that could provide guidance/assistance if we pursue option (2).

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