How Many Years Before The Land Belong To Him?

[jovanred]

hi

in thai, after how many years the land begin him, if he's using it for fruit stand.

is there in thai this rule, also?

thanhs

cheers

j

Edited March 25, 2009 by PeaceBlondie
Titles altered to make it clear

[stgrhe]

hi

in thai, after how many years the land begin him, if he's using it for fruit stand.

is there in thai this rule, also?

thanhs

cheers

j

Could you please try to explain what exactly you are asking about?

[hhgz]

"in thai, after how many years..."

In English, what do you mean?

[sbk]

perhaps the OP is referring to squatting?

[Tywais]

perhaps the OP is referring to squatting?

With that in mind, then he is probably saying "how many years before the land belongs to him?"

[jovanred]

i wrote queekly this morning

so there is one land in thai that i like it. On this land there is one guy that every weekend sell, i think food, somethings on his stand. i check chanot and on plot of land there is include that part of land, also.

the question is:

how many years need because the use land become his own land, if this is a rule?

thanks to everyone for participation

cheers

j

[stgrhe]

i wrote queekly this morning

so there is one land in thai that i like it. On this land there is one guy that every weekend sell, i think food, somethings on his stand. i check chanot and on plot of land there is include that part of land, also.

the question is:

how many years need because the use land become his own land, if this is a rule?

thanks to everyone for participation

cheers

j

It the land has a chanot (Nor Sor 4 Gor) title then it could never be taken over by a squatter or someone using it for e.g. selling food.

[phaethon]

In the UK there is a law which says that if you occupy a property continuously for a certain number of years - not renting, not leased nor under any other agreement with the property's owner - and can prove that you have done so (utility bills, council tax etc.) and the owner does not try to evict you, then that property becomes yours.

The question is, is there such a law in Thailand and could this fruit seller lay claim to a portion of the land in which the OP is interested? Stgrhe says nay, anyone say different?

[Lost in LOS]

In the UK there is a law which says that if you occupy a property continuously for a certain number of years - not renting, not leased nor under any other agreement with the property's owner - and can prove that you have done so (utility bills, council tax etc.) and the owner does not try to evict you, then that property becomes yours.

The question is, is there such a law in Thailand and could this fruit seller lay claim to a portion of the land in which the OP is interested? Stgrhe says nay, anyone say different?

same in America called "eminent domain" I think the time is 7 years without the owner complaining, i believe. probably can goggle it

my farang lawyer here once told me the Thai law is fashioned after English law so maybe he had better check first

[PeaceBlondie]

it is called adverse possession, not eminent domain.

[phaethon]

it is called adverse possession, not eminent domain.

Actually it's called the 'That Jammy Bastard' law after the south London squatter who got title to a £200k council house

http://news.bbc.co.uk/2/hi/uk_news/399102.stm

Here's a relevant thread:

http://www.thaivisa.com/forum/Squatters-Ri...amp;pid=2529783

Edited March 25, 2009 by phaethon

[sbk]

My understanding is that on a Tor Bor 5 title, if the person occupies the land for 10 years and pays tax on it at the Land dept every year for those 10 years then they can lay claim to the land.

[Gary A]

My understanding is that on a Tor Bor 5 title, if the person occupies the land for 10 years and pays tax on it at the Land dept every year for those 10 years then they can lay claim to the land.

I think occupies is the key word here. You must have built a home and live in it.

[lannarebirth]

Thailand does not recognize adverse possesion rights nor prescriptive easements. You may move the squatter along anytime from a legal standpoint. Actually moving them out may be another matter altogether, which involves puyai and cash payments. Ah, Thai culture.

[johnnyk]

Guy has a fruit stand but not the chanote.

Maybe he pays a bit of rent, maybe its his brother's land, maybe no one cares.

You should care though because he can't sell it to you or your TGF.

Why?

Because the guy has no chanote and only a fool and/or his GF would pay for land with no chanote

[jovanred]

this squatter doesn't has chanot, no one take care of land and between poor thai people they don't have matter about this occupation (they help each others), i think this seller don't pay tax because this fruit stand be inside a small district, along the main street.

I wouldn't like if i will decide to build my walls, in future, the guy tell me that this plot of land be him because he use it since ages ago, and i cannot move out him. So i am asking suggests to your

thanks

cheers

j

[johnnyk]

I suggest you look at something else. Thailand is a big country.

[Bpraim1]

I think if you get involved with this land it will only make troubles that you do not want. You are a farang remember that! Thai's are a many, You are one!

If you really like it go for it. But it could be a can or worms.!

[chiangmaibruce]

www.thailawforum.com/supreme_court_opinions/2007-Slip-Issue-1.html

Adverse possession of the Thailand real estate of another person, permitted according to section 1382 of the Civil and Commercial Code, is subject to possession of land with a title deed only and based on the condition that the trespasser must have resided on the land for a continuous period of 10 years or more.

Edited March 26, 2009 by chiangmaibruce

[dotcom]

Bulldozer. Clear the land & make it level. Maybe raise it 50 cm.

Pay the guy to disappear.

[khundon]

Thailand does not recognize adverse possesion rights nor prescriptive easements. You may move the squatter along anytime from a legal standpoint. Actually moving them out may be another matter altogether, which involves puyai and cash payments. Ah, Thai culture.

I think you will find that moving them out is easy.

1 JCB and a few heavies, knock down the house and hey presto it's yours again.

Done all the time in Thailand, even if you do have legal rights to sell produce or goods from a stall on the land.

Remember the big market that was knocked down at night about 6 years ago in BKK. Several hundred stalls knocked flat.

Might is right here.

TIT

[thaiwanderer]

Might is right here.

TIT

but is the OP mighty?

[jovanred]

ok thanks a lot

cheers

j

[Lost in LOS]

it is called adverse possession, not eminent domain.

yep