Property Right-Of-Way

[Swelters]

My gf purchased some country property that contains part of a old paved road built by local government and used fairly regularly by locals as a convenience.. The road is shown on land titles, but the part that is on her property is not shown on the titles, as shown on the illustration below. She wants to close the road on her property. "It's my property," she says, "and it doesn't lead to any land-locked property, so it's not necessary for anyone."

I say that either or both the local government or the locals have probably acquired the right to pass over the years and you'll just lose face by having someone order you to open it again.

What do you think is a. fair; b. legal?

Thanks for any ideas.

Swelters

Edited July 23, 2010 by Swelters

[MikeyIdea]

If it's paved, then I would confirm if there are legal rights obtained, there should be but there probably aren't. Then what other options do the locals who use the road have? I'd check with the locals what they feel. Unless she is planning to use the area where the road is, then it might be more prudent to continue to allow them access.

There could be risks with allowing people to use your property too. My ex father-in-law allowed his neighbours to pass for convenience for years. Then they started to grow veggies by the path they walked every day, then daddy closed off access and the neighbours got angry. Then the neighbours forgot after a week but they understood that they had stepped over the line and since the path wasn't open, they took the long way around

Careful, if not plan to use, better not

[Swelters]

If it's paved, then I would confirm if there are legal rights obtained, there should be but there probably aren't. Then what other options do the locals who use the road have? I'd check with the locals what they feel. Unless she is planning to use the area where the road is, then it might be more prudent to continue to allow them access.

There could be risks with allowing people to use your property too. My ex father-in-law allowed his neighbours to pass for convenience for years. Then they started to grow veggies by the path they walked every day, then daddy closed off access and the neighbours got angry. Then the neighbours forgot after a week but they understood that they had stepped over the line and since the path wasn't open, they took the long way around

Careful, if not plan to use, better not

Thanks, thoughtful and helpful ideas

[BB1950]

I would say from the drawing you made, you could close it. But check with the land office to make sure. If they confirm that there is no right of way, you can legaly close it for sure. Often times a right of way is not on the Chanute, but it is on file with the land office. I had a similar problem with locals traveling across my land because it was shorter than walking around. I checked there was no right of way, I put up a wall and had no problems with the locals. The neighbors land was 'land locked', so they had to acquire some land to access their property.

[quiksilva]

Inform them the land department of your plan and ask them.

They will be able to inform you of your rights on this and should check the title deed to see whether there are any registered servitudes on it (they will be on the back of the title).

[PattayaParent]

Fair? Pay to lay an alternate road outside the GF proprety.

Legal? Put up a fence with a sign saying trespassers will be shot and buy a shotgun.

Edit: the smiley should be b (close bracket) but I can't get rid of the smiley.

Edited July 26, 2010 by PattayaParent

[123ace]

If one person has used this as a regular way to get to work historicaly it may be seen as a public right of way and can be forced to be retained irrespective of who owns the land.If your GF purchased it with the road there (as she did) then she should not be looking to remove it just becasue she wants to. Perhaps it will become the proverbial 'hostage strip' of land...The road / path exists for a reason. Find out what that reason was before making a decision

Edited July 27, 2010 by 123ace

[stgrhe]

If one person has used this as a regular way to get to work historicaly it may be seen as a public right of way and can be forced to be retained irrespective of who owns the land.

I don't know where you got that idea from as I cannot find any evidence in the Thai law that supports such a statement?

There are a few paragraphs in the Civil and Commercial Code Law related to the subject matter of which Section 1349 and 1354 seem to be most applicable to OP's case.

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 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 may, if necessary, construct a road for passage.

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 damages arising from the construction of a road, may be made by annual payments.

and

Section 1354

A person may, if permitted by local custom, enter a wood, forest or pasture land owned by another person to collect fuel or gather wild fruits, vegetables, mushrooms and the like, provided that the owner does not prohibit it.

[123ace]

Been there, experienced it, its real, may not be in the civil and commercial act, but that's unimportant really.

You may find it an issue if you built on the path / road. Be assured if the locals know that you exist etc this will escalate.

[Jogden]

My father inlaw had the same thing with a bit of his land. Locals using it as a short cut. He got one of his backhoes and dug a trench across the short cut and told everyone that he was digging a pond for fish. He's done nothing about the pond since digging the trench and the locals still take the long way around now.

[thaihome]

How do you know the local government paved the road and it was not done under the Transport Ministry and the right of way was done legally?

You need to check to be sure that the previous owner was not compensated for the road being built under the Land Expropriation Act of 1987.

TH

Edited August 24, 2010 by thaihome

[123ace]

It takes one local that has required this pathway to access their place of work previoulsy, and you would have to demolish whatever you have built on it.

Never let them know a farang is involved.

The hostage strip and this version of it lives on.