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Squatters In Bangrak


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check this out all falangs beware ! www.bbcrestaurant.com/squatters.htm

Very sad when you see something like this happen. I wonder what the holding company is doing about it.It really knocks you about when you see these people scared for their lives.

If they have gone so far with their site ( link ), maybe Samui Express can do an article & print some of these pictures.

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check this out all falangs beware ! www.bbcrestaurant.com/squatters.htm

I always new the "I is samui people, i know you you from bullsh1t country i is thai people" were a little on the rough side but this is unreal, if there not thrown off the land from there shack it would be crime against the future of the island.

Chris.

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check this out all falangs beware ! www.bbcrestaurant.com/squatters.htm
I always new the "I is samui people, i know you you from bullsh1t country i is thai people" were a little on the rough side but this is unreal, if there not thrown off the land from there shack it would be crime against the future of the island. Chris.

Chris? mai kau dschai khrap... :o

What dou you want to tell...........?

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check this out all falangs beware ! www.bbcrestaurant.com/squatters.htm

I always new the "I is samui people, i know you you from bullsh1t country i is thai people" were a little on the rough side but this is unreal, if there not thrown off the land from there shack it would be crime against the future of the island.

Chris.

Yeah, i agree. Only problem is that if they do throw them out it may be followed by more serious crime. Very sad case, im not sure how i would handle it. Good thing the police seems to be in it already, taking pictures and so on. I wich bbc good luck with this.

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Contacting the PuYai Ban and arranging some kind of 3rd party mediation would have been my first choice as well, Claude. But, now that the police have become involved I wonder if its too late for that?

There was a thread in the real estate section a few months back called Squatters Rights. Although this specific problem isn't addressed, it does make for interesting reading.

One thing that isn't addressed in that thread that I have heard from Thai people, but do not know if is true or not, is that if you buy land with squatters on it, and allow them to stay (ie do not force the previous owner to evict before you purchase) then you do not have the right to kick them out as they were there before you owned the land. No idea if this is true or not, but worth investigating. If it is true then the owner will have to use other legal means, ie damage to their house, pollution, and destruction of Crown property (construction on the beach is illegal).

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This is Samui and don't think it's only the Thai's that steal the land it's the foreigners also, happened to my wife.

Anyway I would be careful to make sure this company Kia Ora has the correct documents to buy the land in the first place and company papers are in order that any structures they have built are the correct distance from the beach. Let's see what happens these shack's didn't grow overnight and the girls were selling beer from the bar 3 years ago that i know of.

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check this out all falangs beware ! www.bbcrestaurant.com/squatters.htm

I've read your history and it's a shame but it's Samui now ! I lived there before and i've bought a land et house. I had centenary trees which bordered my path and one day the owner of the land at side sold it and the new owner cut all my trees without looking to which it belonged. I wanted to kill him !

Samui became a piece of shit and it’s sad but it's the same thing on all the planet :o

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I got the email this morning. Very sad and frustrating situation. And with children involved it becomes even more frightening, what "may" happen. He states his reasons for constructing the website and it seems to serve as a legal backup "should" anything happen. That is terrifying. Isn't he married to a Thai lady? "we are Thai and you are farang".....she too is Thai and the children.....half. Sad that there is little respect and honour among neighbours....what seems to have started in such a way has become something else entirely and now they have to fear their neighbours and for their lives!!!

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Rent a bulldozer ... and get rid of them ...

... any accidental fire could solve the problem as well ... could be cheaper

Not a great idea but it must be tempting.

Agreed, and advocating illegal activity is probably not the best idea either.

So, everyone, perhaps its better to come up with realistic and constructive advice

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Rent a bulldozer ... and get rid of them ...

... any accidental fire could solve the problem as well ... could be cheaper

It would be dangerous since it is now connected to the BBC house.

They make it unbearable to live there, maybe return the favor? How about when they are not at home, plug their sewer pipes with concrete so that it backs up into their shack? Do you have any dogs? Nothing like a couple BIG dogs to protect your property & beach at night.

If they have such a nice house, why are they living in that crappy shack? Are they renting out their nice house? If so, talk to the renters and let them know they should look elsewhere to live because the landlords are going to have to move back soon.

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this is a very big problem. but BBC has nothing to do with this.

I can understand the frustration of BBC owner but it is not his land and as such he has no claims on the land.

The land as presented in BBC website is a public land boardering his property.the squatters are using the public land.

as such BBc can not do anything apart from complaining that they are squatting on public land.

the fact that those people are own land in Plai lem is not relevent as even big and rich companies use the same tactics to trespass and claim public lands.

It is up to the goverment to resolve this issue using criminal law code and not a civil case code.

I totaly agree with SBK that the Poo Yai Ban has a lot to say and do in such a case. and they will respect his decision.

my advise is to take your lawyer and ask him to set up a meeting with the Poo Yai ban and let him be advised of this squatting.

the Poo yai ban can allso get complaints about this from other neigbours....

A poo yai Ban decision can have effect in later stages.

you can ask your lawyer to advise the Goverment agency that is the owner of the land and its up to them if they take measures or not.

there is a new governor in Surathani that is very keen to show he is doing his job. it may be a good idea to send him a letter about this as well.

the police will not do anything unless the owner of the land (the crown) will file a complaint. and if they do belive me they will move very swiftly.

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Thanks for all of the constructive comments and general support.

It has been going on for a long time and we have only recently added the website because it is coming to a head with police involvement etc. We are truly concerned that it might get nasty (and we apologise to the squatters if they do not have any nasty intentions), but they have spoken strongly on a number of occassions plus unfortunately there are other instances in Thailand where things are seemingly going on ok with smiles and so forth, then due to some unknown reason someone "snaps" and there is bloodshed (often to do with a face issue - and if they have to move then there will certainly be a loss of face). Again, I apologise to them if they have no bad intentions, but we are taking a conservative approach at this stage.

I will attempt to put my perspective on some of the posts ....

You are right that the squatters are predominantly on the Crown foreshore and therefore nothing we can do about it but they made the mistake of connecting with our house and coming onto our land (putting the chanote peg within their laundry). The squatters did not effectively get onto the Kia Ora owned land until about 6 weeks ago when they connected their 3 bedroom house to Anna’s bedroom. Before that, they were on the beach and on the roadside and therefore it was an issue of the Poo Yai Baan and Harbour board etc who had not done anything. By etching closer and closer over the years, they made a mistake and a real big one by making the connection to the land. If they had not connected, there is very little we could have done - other than make complaints.

When they connected, they broke a law which the land owner could rightfully ask the police to enforce... which we did (we did ask the squatters repeatedly during construction to stop, we even told them we would go to the police but we were told "Farang Mai Gua" - not scared of Farang, we refrained from pushing it over etc as that might have instigated some retaliation against us ... but as soon as they had done most of the work and were putting in nice windows etc we went to the police and laid the complaint.) They have since come back and asked my wife if we can drop the charges but the problem is that now it is with the Police and Tessaban and we cannot stop the process ... They know they did wrong connecting but don't seem to care about the rest of the illegal activity because they used the broken bricks to attempt to hide the raw waste outlet and they put up a new wall just outside the 50cm distance - but still on the crown land and still obstructing our view. They have effectively blocked 8 metres of our view by building directly in front of us I have heard that there is a Thai law that gives view rights to land owners bordering the beach and rivers but it has not yet been mentioned by the police.

We had many discussions with the squatters over the past few years and also through the Poo yai Ban - Mr Poo Yai Wit. He however does not like the owners of BBC because we sold some Loi Khratongs from our site and were in competition to him one year ... he told all of the vendors to get off the road but was frustrated when he could not tell us to stop selling from our restaurant on our own land. He has complained to the Nathon Tessaban about us and they have come on a number of occasions over the years to inspect the size of our roof, the location of our decking the location of the house etc. While the buildings may not conform with the current "green belt" requirements they conformed at the time of construction and we have not had to change anything. When we build new we have the choice of going with the current rules and therefore moving back 10 metres from the high tide mark etc ... or we just renovate the existing buildings and they can stay where they are. The final plan sort of depends on what happens with the squatters.

Mr Poo Yai Wit's mediation was to say that if the squatters had to move, then we had to make all of our buildings conform to existing requirements. He obviously took this approach to try and scare us into not compaining as he does not like us or because the local Samui squatters can provide more votes for him at the next election or for some other reason. He actually does not have the power to say make us do changes but I am sure he can make things difficult for us.

The land ownership papers appear to be fine and the company structure appears to be fine (primarily because we used a large Bangkok firm that has no representation on Samui to do it and also because we have also had it checked by another party).

The many ideas about using a bulldozer, making it unpleasant for them, using loud noise etc have all been thought of. But that is one reason we need to move. Not just fear of reprisals but also a fear that I will actually do something like that and then I would probably be the one in trouble. We also actually worry now that if for some reason there was a fire (say due to the connection to the power pole) , then even though we had nothing to do with it, we might be accused of doing it - sad to say but there has been other cases in Thailand where a farang gets jailed for something like that.

My wife is Thai, but she is not from Samui. My Children are Thai but not born in Samui.

Why are they living in a crappy shack when they have another house to live in? I have asked that same question of myself and of them. Their answer is... because they have no money to live in their own place on their own land. They want to rent it out, make some cash and live on land they steal from the Crown. The youngest child is 20 but Mum still wants to have them at home in a tin shack and look after them while they go and work in their jobs at 4 Seasons Hotel etc. No money, but in the last 3 days thay have demolished their walls and replaced them again ... let alone the 3 bedrooms plus kitchen they constructed over the last 3 months. The children all have good jobs so they are not destitute. It seems to me that it would have been more logical to build on their own land as that is more permanent - and if they sell the land the construction is an asset. My understanding is that they cannot sell the assets on the crown land (although they did manage to rent out the sala)

My understanding of squatter’s rights is that 1. It does not apply to the beach but can apply to titled land and also crown land (hillsides are a common area where squatters attempt to steal crown land) 2. The previous Prime Minister tried to change the law (or at least the enforcement of the law) because he felt that the title paper should be the only from of ownership and therefore the previous Prime Minister would not allow squatters any rights, other than the right to vacate the property in an orderly fashion.

The other laws about building a dwelling around a power pole or without a permit are clear - you cannot do so. You cannot also put untreated sewerage onto the beaches.

I must admit the tensions have lifted a bit with the recent activity, but I cannot fully relax because I believe that the Tessaban will be back and the squatters might be made to demolish more (if not move away completely) ... which they will get more upset about because they have just built a new wall today in the belief that they can stay.

I don't want to see them lose money or lose face, but I believe we have been fair and given them plenty of chance... I believe we cannot just let the momentum stop now because if we somehow let them stay longer than 6 months, then they will never go and we will never have our view back and never have a clean beach in front of our land (which we truthfully want to open up for all to use - it's a wonderful spot to sit and look at Buddha and sunsets etc ... it just needs to be cleaned up)

Cheers

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Thanks for all of the constructive comments and general support.

i have some more coments for you regarding your post

i put them in blue so its easier to follow up.

It has been going on for a long time and we have only recently added the website because it is coming to a head with police involvement etc. We are truly concerned that it might get nasty (and we apologise to the squatters if they do not have any nasty intentions), but they have spoken strongly on a number of occassions plus unfortunately there are other instances in Thailand where things are seemingly going on ok with smiles and so forth, then due to some unknown reason someone "snaps" and there is bloodshed (often to do with a face issue - and if they have to move then there will certainly be a loss of face). Again, I apologise to them if they have no bad intentions, but we are taking a conservative approach at this stage.

I will attempt to put my perspective on some of the posts ....

You are right that the squatters are predominantly on the Crown foreshore and therefore nothing we can do about it but they made the mistake of connecting with our house and coming onto our land (putting the chanote peg within their laundry). The squatters did not effectively get onto the Kia Ora owned land until about 6 weeks ago when they connected their 3 bedroom house to Anna’s bedroom. Before that, they were on the beach and on the roadside and therefore it was an issue of the Poo Yai Baan and Harbour board etc who had not done anything. By etching closer and closer over the years, they made a mistake and a real big one by making the connection to the land. If they had not connected, there is very little we could have done - other than make complaints.

under the law if they have squated on your land you can contact the police through your lawyer and get them to take action imidiatly.

As they are violating your rights you can also sue them in the court with a civil act as they are using your property and they are not paying rent for it. any good lawyer will have a field day with that.

in another case in Ban Rak a thai land owner that invaded his neighbours land was told by the caourt that fopr each day that he does not evacuate he needs to pay 100,000 baht.

the caourts here are very stern when it comes to invading private property.

When they connected, they broke a law which the land owner could rightfully ask the police to enforce... which we did (we did ask the squatters repeatedly during construction to stop, we even told them we would go to the police but we were told "Farang Mai Gua" - not scared of Farang, we refrained from pushing it over etc as that might have instigated some retaliation against us ... but as soon as they had done most of the work and were putting in nice windows etc we went to the police and laid the complaint.) They have since come back and asked my wife if we can drop the charges but the problem is that now it is with the Police and Tessaban and we cannot stop the process ... They know they did wrong connecting but don't seem to care about the rest of the illegal activity because they used the broken bricks to attempt to hide the raw waste outlet and they put up a new wall just outside the 50cm distance - but still on the crown land and still obstructing our view. They have effectively blocked 8 metres of our view by building directly in front of us I have heard that there is a Thai law that gives view rights to land owners bordering the beach and rivers but it has not yet been mentioned by the police.

if the police dont take action imidiatley. ask your lawyer to set up an apointment with the chief of police in samui and explain only about the squatting and invasion of your land. if they fail to do something then you can send a complaint letter to the chief of police in Surathani that the Samui police dont take care of this problem.

We had many discussions with the squatters over the past few years and also through the Poo yai Ban - Mr Poo Yai Wit. He however does not like the owners of BBC because we sold some Loi Khratongs from our site and were in competition to him one year ... he told all of the vendors to get off the road but was frustrated when he could not tell us to stop selling from our restaurant on our own land. He has complained to the Nathon Tessaban about us and they have come on a number of occasions over the years to inspect the size of our roof, the location of our decking the location of the house etc. While the buildings may not conform with the current "green belt" requirements they conformed at the time of construction and we have not had to change anything. When we build new we have the choice of going with the current rules and therefore moving back 10 metres from the high tide mark etc ... or we just renovate the existing buildings and they can stay where they are. The final plan sort of depends on what happens with the squatters.

Poo Yai wit is a well known figure and many of the locals dont like him as well as he is not allways fair.

however as he does not seem to help you contact the legal advisor office in the Ta saban. they have no choice but to adress the issuee as not doing so can put them in a lot of problems.

Mr Poo Yai Wit's mediation was to say that if the squatters had to move, then we had to make all of our buildings conform to existing requirements. He obviously took this approach to try and scare us into not compaining as he does not like us or because the local Samui squatters can provide more votes for him at the next election or for some other reason. He actually does not have the power to say make us do changes but I am sure he can make things difficult for us.

I have heard previous mentioning of Poo yai wit knowledge of the law and I can gurentee you he does not know anything.

he was a simple man with hardly any education but he was chosen as the poo yai ban 2 years ago and as such feels that he knows something. he is not femilier with the laws.

The land ownership papers appear to be fine and the company structure appears to be fine (primarily because we used a large Bangkok firm that has no representation on Samui to do it and also because we have also had it checked by another party).

The many ideas about using a bulldozer, making it unpleasant for them, using loud noise etc have all been thought of. But that is one reason we need to move. Not just fear of reprisals but also a fear that I will actually do something like that and then I would probably be the one in trouble. We also actually worry now that if for some reason there was a fire (say due to the connection to the power pole) , then even though we had nothing to do with it, we might be accused of doing it - sad to say but there has been other cases in Thailand where a farang gets jailed for something like that.

Ask your lawyer to send a letter to the electric company warning of this issue.

My wife is Thai, but she is not from Samui. My Children are Thai but not born in Samui.

Why are they living in a crappy shack when they have another house to live in? I have asked that same question of myself and of them. Their answer is... because they have no money to live in their own place on their own land. They want to rent it out, make some cash and live on land they steal from the Crown. The youngest child is 20 but Mum still wants to have them at home in a tin shack and look after them while they go and work in their jobs at 4 Seasons Hotel etc. No money, but in the last 3 days thay have demolished their walls and replaced them again ... let alone the 3 bedrooms plus kitchen they constructed over the last 3 months. The children all have good jobs so they are not destitute. It seems to me that it would have been more logical to build on their own land as that is more permanent - and if they sell the land the construction is an asset. My understanding is that they cannot sell the assets on the crown land (although they did manage to rent out the sala)

My understanding of squatter’s rights is that 1. It does not apply to the beach but can apply to titled land and also crown land (hillsides are a common area where squatters attempt to steal crown land) 2. The previous Prime Minister tried to change the law (or at least the enforcement of the law) because he felt that the title paper should be the only from of ownership and therefore the previous Prime Minister would not allow squatters any rights, other than the right to vacate the property in an orderly fashion.

they are not allowed to sqaut on beach land and under the new construction law nothing is allowed to be built 15 mr from the water edge.

The other laws about building a dwelling around a power pole or without a permit are clear - you cannot do so. You cannot also put untreated sewerage onto the beaches.

I must admit the tensions have lifted a bit with the recent activity, but I cannot fully relax because I believe that the Tessaban will be back and the squatters might be made to demolish more (if not move away completely) ... which they will get more upset about because they have just built a new wall today in the belief that they can stay.

I don't want to see them lose money or lose face, but I believe we have been fair and given them plenty of chance... I believe we cannot just let the momentum stop now because if we somehow let them stay longer than 6 months, then they will never go and we will never have our view back and never have a clean beach in front of our land (which we truthfully want to open up for all to use - it's a wonderful spot to sit and look at Buddha and sunsets etc ... it just needs to be cleaned up)

try and keep out of the argument with them and next time they want to speak about this refer them to the lawyer.

avoid confrontation as they may seek it. dont give them a chance to confront you.

you should emphesize to them that you only want them of your own property and if they are squating its not your problem or your business and they need to take it with the tasaban.

Cheers

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Poo yai baan. Good tips.

Obviously you are not a tourist and know what you are doing. I think (from the looks of it) you are going the proffesional way with this and it looks like you eventually will get it under control. Good luck to you. At least on this forum all us amateurs contributed with sympathy. Keep in there. I (for what its worth) think you are dealing with this matter the 100 % right way. But you knew that already.

Cheers brother, ill visit you out of sympaty already when the rain stops. Keep going.

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Poo yai baan. Good tips.

Obviously you are not a tourist and know what you are doing. I think (from the looks of it) you are going the proffesional way with this and it looks like you eventually will get it under control. Good luck to you. At least on this forum all us amateurs contributed with sympathy. Keep in there. I (for what its worth) think you are dealing with this matter the 100 % right way. But you knew that already.

Cheers brother, ill visit you out of sympaty already when the rain stops. Keep going.

Agreed! This is a wrong which should be well publicised. The law should be applied evenly for Farang and Thai alike. It does no credit at all to the legal system if, as it appears a flagrant breach of the laws are allowed to take place simply because the wronged party happens to be Farang. I doubt that this would have happened to a Samuian.

For the sake of Thai and Foreigner alike the law should be seen to be effective, otherwise this will be the thin end of the wedge.

I hope that this matter is resolved soon and the BBC can get back to normal without fear of recrimination.

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Poo yai baan. Good tips.

Obviously you are not a tourist and know what you are doing. I think (from the looks of it) you are going the proffesional way with this and it looks like you eventually will get it under control. Good luck to you. At least on this forum all us amateurs contributed with sympathy. Keep in there. I (for what its worth) think you are dealing with this matter the 100 % right way. But you knew that already.

Cheers brother, ill visit you out of sympaty already when the rain stops. Keep going.

Agreed! This is a wrong which should be well publicised. The law should be applied evenly for Farang and Thai alike. It does no credit at all to the legal system if, as it appears a flagrant breach of the laws are allowed to take place simply because the wronged party happens to be Farang. I doubt that this would have happened to a Samuian.

For the sake of Thai and Foreigner alike the law should be seen to be effective, otherwise this will be the thin end of the wedge.

I hope that this matter is resolved soon and the BBC can get back to normal without fear of recrimination.

I nice talk to Puyai Baan P'Vit should be the first step. I am sure the owner knows him after being there for years.

It's all a matter of dealing with it in an adult manner. I am sure things can be sorted out or at least improved for the time being.

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We've got a dispute going on between a Nakhon Sri Thammarat Thai and Samuian at the end of our soi. They've been in dispute about a 30 cm wall built on the borderline of the properties for about a year now. It's going through the courts right now which is probably costing them far more than the price of the land. Apparently it's the principle of the thing. Just goes to show though, it happens a lot between different Thai owners too. The problem often lies at the feet of those people that aren't originally from Samui though. It's much easier to mediate with your 2nd cousin/sister-in-law/owner of your dog's sister etc.

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Update

Due to the continued rain ... nothing is happening - no construction, no demolition. At least it is keeping the smell of the septic tanks away from the house (have got to find something positive about all of this water)

Although unfortunately the house we were going to rent acros the road is no longer available as the owner has decided to sell it rather than rent it. I offered to put a clause in the rental agreement to vacate with a months notice upon a sale, but he appears to prefer to leave it empty. His house, he can do what he likes.

So if you have a 3+ bedroom home near to BBC up for rent, please PM me the details.

In the meantime we have had to move Anna out of her room due to extra flooding (even if Squatter Dim did pay to fix the damaged wall and roof, it is unlikely we could get it done at the moment anyway). Makes our small home a bit moe cosy than we would like and I might have to get a smaller TV as the 42 inch TV in a smaller living room makes the kids go a bit crazy.

All I can say is I am glad we have no major flooding, unlike many others on Samui.

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The youngest child is 20 but Mum still wants to have them at home in a tin shack and look after them while they go and work in their jobs at 4 Seasons Hotel etc. No money, but in the last 3 days thay have demolished their walls and replaced them again ... let alone the 3 bedrooms plus kitchen they constructed over the last 3 months. The children all have good jobs so they are not destitute.

If the kids have good jobs with foreign companies like the Four Seasons it would be a shame if they lost those jobs due to customer complaints just because the kids have been brought up as poorly as the stories about the parents would suggest (what kind of people dump their raw sewage into the sea?). Imagine the hardship the family would face then. Just awful.

Speaking of the Four Seasons, I've been thinking of checking out their buffet or maybe even staying there a night or two when the weather clears a bit. Any idea what this 20-yr old does there?

Edited by koheesti
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So if you have a 3+ bedroom home near to BBC up for rent, please PM me the details.

You could go to blessing resort and have a chat with Nok. She and her husband owns some houses in that area, and also some townhouses in ban rak village. I know that they are moving out of their own house near bbc around new year, maybe that comes for rent. Anyway she is worth having a chat with because they are always pretty good in prices and there houses are always well mantained. :o

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If the kids have good jobs with foreign companies like the Four Seasons it would be a shame if they lost those jobs due to customer complaints just because the kids have been brought up as poorly as the stories about the parents would suggest (what kind of people dump their raw sewage into the sea?). Imagine the hardship the family would face then. Just awful.

Speaking of the Four Seasons, I've been thinking of checking out their buffet or maybe even staying there a night or two when the weather clears a bit. Any idea what this 20-yr old does there?

I certainly would not like to see the sons lose their job because of this. The older one Ng is a nice guy, always polite and helpful over the years ... and I believe genuinely so. He has not been seen much around lately and I feel it is because he is shy about the situation. He told me he was working in the mail room at four seasons and I believe his brother is a porter or something like that - helping drive buggies etc.

Also, I feel it should be taken in perspective that the mother brought up 4 kids without a father and they are now all doing quite well - she has done a great job there. I think the issue is that they just did not think it through properly when they started constructing their larger house and were encouraged by Papa (who is the one that does most of the yelling at me to go away) and other external family members and then once it was pointed out to them, they had gone too far and therefore to back down would have been seen as loss of face. It is a pity, because now that it has reached the authorities there is more loss of face and also after the tirade of abuse and nastiness there is no way I am intending to back down totally - I believe there is room for them to have a sidewalk bar, but there needs to be removal of the large house and cleaning up of the beach.

I am sure there will be a compromise, but it has to be more than just moving back 50cm from our boundary as they have done so far.

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They must of known what they were doing was wrong, i presume they got planning permission for there new house and know the laws , if they wanted beach land so much they shouldn't have sold it, and are most probably quite jealous of you as beachland prices have gone through the roof in the last few years.

I hope the whole lot get's taken down they don't deserve this land, and if they get to keep the shacks it will only make more people think they can do the same.

What you have had to do and progress to date just shows the people in power don't care much of the interest of the island just the interest of the locals it's a shame.

Good luck & keep us updated

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