Private Road Servitude

[Lannatyne]

We wish to buy a house / land up a private road. However, there is no servitude / access granted yet. Remarkably, there are other houses and farangs already in the street who have bought with this, I presume, oversight.

The 'road owner' is fine in doing this - i get the impression he feels he should've done this, but never got around to it. But, he's no idea how to do it, and how much it is.

Sure he'll be finding out himself, but does anyone here know what is involved in granting unrestricted access to a private road via a survitude, and what the costs would be? Drawing up a servitude document? Registering it at the amphr and land office etc?

[LennyW]

It is very simple to do.

The owner of the road goes to the land office with his Chanote showing the road, then basically what happens is he "hands the road over to the government", a notation is made on the chanote in red which says something along the lines of "the road can never be closed off or access prohibited". all in Thai of course.

Does not take long (hours as opposed to days), and cost very little.

Good luck.

[Lannatyne]

It is very simple to do.

The owner of the road goes to the land office with his Chanote showing the road, then basically what happens is he "hands the road over to the government", a notation is made on the chanote in red which says something along the lines of "the road can never be closed off or access prohibited". all in Thai of course.

Does not take long (hours as opposed to days), and cost very little.

Good luck.

Thanks, and what you say is fine. But, he doesn't want to hand it over to the government. He still wants to keep it 'private'.

This is not really any problem, as there are many private roads with housing here, and everything is fine as long as the servitude is granted and registered properly.

So, question remains....but with the road remaining 'private'.

[quiksilva]

You answered your own question, draw up a servitude document and register it at the land office. Your lawyer can help. No idea on costs though.

[hhgz]

"He still wants to keep it 'private'. This is not really any problem..."

Then why are you asking the question? If the road is "private", it would seem as though he could prevent anyone for using the road at his whim. If I owed a home on the road, that stipulation would be a "problem" for me. However, since that's not a problem for you, I guess Bob's your uncle and fare thee well.

Edited October 29, 2009 by hhgz

[trajan]

nothing need be handed over to the government.....

a private road accessway easement can be registered on his land ("servient land") in favor of all of the various house plots of land ("dominant lands")

a counterpart registration can be registered on the dominant land title deeds (to reflect the accessway rights on the servient land)....

the government registration fee is nominal (I believe the government form for easement registration is called TOR DOR 16)

this is probably a good thing to do ASAP, in case that guy ever sells his land (and the new owner makes trouble about giving easy internal accessways to the public road without some kind of payment)....

Edited October 29, 2009 by trajan

[Cuban]

A friend went through this recently with a section of land that is owned by his wife, they she has given access to relatives with land beyond theirs through which they need to pass for a small annual fee. This has been drawn up through a lawyer and registered with the local land / court / office (?) - I think they he paid 2,000 Baht or so.

[stgrhe]

You answered your own question, draw up a servitude document and register it at the land office. Your lawyer can help. No idea on costs though.

Yes, that would be the proper way to do it. The servitude is regulated by the Civil and Commercial Code Law, Chapter III, Title IV, Sections 1387 to 1401.

[MikeyIdea]

"Yes, that would be the proper way to do it. The servitude is regulated by the Civil and Commercial Code Law, Chapter III, Title IV, Sections 1387 to 1401"

Can you post a link to the document, if exist

Thanks

Michael

[stgrhe]

"Yes, that would be the proper way to do it. The servitude is regulated by the Civil and Commercial Code Law, Chapter III, Title IV, Sections 1387 to 1401"

Can you post a link to the document, if exist

Thanks

Michael

Here is a link

http://www.samuiforsale.com/Civil_Code_tex...h_III.html#1386

[samran]

friend of ours in hat yai handed over her land to the government. The deal organised was that the road be sealed for the transfer to occur, which was honoured.

[UmpaLumpa]

the civil code also says that a servitude may be aquired by prescription, meaning that if the servient land hasn't interrupted the access for a certain amount of time, he can't do it anymore, the servitude is yours. but i dont know what the prescription time is. in New Zealand its 30 years. does anybody know it?