Road Access

[jkdenver]

Hi,

Firstly the appologies:

If this topic has been covered somewhere in the forums, I am in saudi and my access does not allow me to fully browse the forum, a quick scan did not reveal anything.

If this is the wrong forum, Please point me in the right direction.

Ok.

I am working away from home at the present and my wife has called me today to inform me that we have a letter from some company or other requesting payment for road access to our house. I don't think its for the main soi from the sukumvit I beleive its from the access road off the soi.

When we bought the house it was sold with access, as was the original land the house was built on.

So the questions:

1. Is this legal in thailand i.e. to charge for access in this way.

2. can I find out the name of the director of the company, as I have a suspision who it is but need proof.

3. If it is legal are there any limits to the charge we have been asked for 200,00 bht which is definately not going to happen.

4. How do we go about legal oposing this. and how can the originator actually impose this themseleves.

I hope some one can advise me so that I know the right action to take before I return to thialand in Sept.

Thanks.

Andy

[joskydive]

Civil & Commercial Code

Extent and Exercise of ownership

Section 1349. If a piece of land is so surrounded by other pieces of land that it has no access to the public ways, the owner may pass over the surrounding land to reach a public way. The same applies, if passage can only be had over a pond, marsh, or sea, or if there is a steep slope with a considerable difference of level between the land and the public way.

The place and the manner of the passage must be so chosen as to meet the needs of the person entitled to passage and at the same time to cause as little damage as possible to the surrounding land. The person entitled to passage must pay compensation for any damage suffered by the land owner on account of the passage being established. Such compensation, except for damage arising from the construction of a road, may be made by annual payments.

Section 1350. Where land has been so partitioned or partially transferred that a plot is without access to a public way, the owner of such plot may claim a right of way under the foregoing section only over the land which has been so partitioned or partially transferred. In such case no compensation need be paid.

If, in the sale of the land it was formally written that you had right of way and access you should not have to pay anything. I suggest your wife takes all the paperwork to a Lawyer before you pay 1 Satang. The Lawyer can find out all the information you need with regard to each and every question you have posed and what retaliatory measures need to be taken.

[Spalpeen]

A commendably detailed reply which led me on to a possible solution to a problem I have been dealing with. Good work !

[jkdenver]

thanks for the response.

That is going to help a lot. Just to add there has been an access road from the soi to our house for around 7-8 years I have been told even though our house is only 2 years old now.

So I guess which ever of the points apply I should still have nothing to pay for as no damage is being done now and now road need to be made.