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Koh Phangan beach dispute spotlights nominee fears

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A long-running dispute over public land at Laem Son Beach on Koh Phangan has revived concerns about alleged nominee companies used by foreign investors to bypass Thai land and business laws.

The Truth Investigation TV programme visited the Surat Thani island on Friday, 4 September, examining foreign capital in accommodation, restaurants, yoga businesses, real estate and long-term land leases. Its focus was a beach area occupied by businesses despite the absence of legal land title deeds.

A beach without land titles

Laem Son Beach was once a mining area. After its concession ended more than 30 years ago, local people gradually occupied plots and put up buildings.

The area originally covered about 12.8 hectares, but sand deposited by currents later extended the beach to around 19.04 hectares. As beachfront plots became more valuable, restaurants, resorts, accommodation and other structures appeared.

One operator said development began in 1983 and that the business held valid registration, but had "no land title documents". Accounts differ on the number of occupants, with one putting it at 14 and another referring to 13.

The central legal question is whether long-term occupation amounts to a right to use the land. The area is described as public land for common use.

Court rulings and alleged nominee networks

Pittaya Inkong, a former mayor of Phet Phangan Subdistrict Municipality who pursued the case, said conditions had not changed despite legal action and structures being built without title documents.

He said enforcement by state and local authorities had proved difficult. When municipal officials attempted to post notices, an official at municipal-clerk level was transferred out of the area; whether that move was connected to the official's duties requires examination.

Dr Preecha Thongyad, a Koh Phangan property businessman, said the issue extended beyond Laem Son Beach to land, construction and nominee businesses.

"Problems on Koh Phangan are not confined to Laem Son Beach but extend to land, construction and nominee businesses," he said, adding that foreign capital had expanded partly because of weak enforcement.

He also raised questions over networks of Thais allegedly helping investors find land, seek permits and establish companies. Similar concerns have been raised over encroachment in mountainous areas, where excavation and machinery have been seen but those responsible have not been identified.

Weak law enforcement and the failure to enforce existing court rulings are cited as primary reasons why these illegal land occupations and nominee arrangements persist.

Local residents stressed that the concern was not law-abiding foreign tourists, but groups of Thais alleged to be helping others evade the law. They called for any investigation by the National Anti-Corruption Commission and other agencies to cover the entire system.

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7 September 2026


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The squatter rights seem not to cover beaches — which belongs to the Marine Department — and public land (se quotes below).

So, it should not be that difficult to get the case in order by either removing the squatters or legalize them as renters, and pay rent to Marine Department or another public department, if not directly beach land. Business, like permission and ownership, hereunder shares of foreign shareholders and nominees etc. is another matter, which also could be cleared within whatever law that covers these matters.

Squatter rights says that "if a third party peacefully and openly occupies private land with a Chanote (NS4) title for an uninterrupted period of 10 years intending to be the owner, they can petition the Land Office or court for legal title".

And furthermore that "if the private land has a lesser title (like Nor Sor 3 or Nor Sor 3 Gor), it only represents possessory rights. The squatter only needs 1 year of undisputed possession to strip the original possessor of their right to reclaim it under Section 1375 of the CCC" (Thailand Civil and Commercial Code).

However, "squatters cannot acquire ownership or possessory rights over public or government land through any passage of time. This includes:

  • Common Public Use Land: Roads, public parks, beaches, waterways, and lakes.

  • State/Military Reserved Land: National parks, forest reserves, military bases, and government offices.

  • State Allocation Land: Temporary occupancy permits like Bai Jong or reform land (Sor Por Kor) belong fundamentally to the state and are legally protected against adverse possession claims. Squatting on public land is treated as criminal encroachment or trespassing rather than a path to legal ownership.

(Source: Section 1306 of the Thailand Civil and Commercial Code, CCC)

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