Squatting Rites In Thailand

[haveaniceday]

Some, Thai national family members have been looking at some land lately, one seems to have a squatter who has taken over the house on it. Actually it's a pretty solid brick home, the owner who is far away in Bangkok says it's vacant but he hasn't even driven past in 2 years, would there be any rights this squatter has on this home and land in Thai law?

Without a doubt that chap would be considered mentally disabled as well, unable to hold a job.

I know of a case, separate to this of course, where the owner of 3 Rai allowed a friend build a tiny tin shed shack up the back, ended up staying there for 12 years, and after a argument, the owner of the land could not say go away, and the ex friend was declared the owner of the ground the shack was on with road access to that crap shack. Talk about Amazing Thailand.

[MikeyIdea]

Nothing amazing about that, it's in the law

The law is pretty clear actually, a squatter does have rights if he has stayed uncontested on the land for over 10 years. The standard way is to sue when 8-9 years have passed to formalise that stay is contested -> no rights. It may very well still be difficult to get the squatters removed, can take a long time -> alternative housing may have to be provided to speed this process up

[haveaniceday]

So if he has been there for less than 10 years, then it's a non issue.

Thanks heaps for the reply.

[katabeachbum]

So if he has been there for less than 10 years, then it's a non issue.

Thanks heaps for the reply.

I thought it was 5 years, same as right to road/path. It is common to make a fence if someone have been using your land as road/path for more than 4 years, to avoid permanent rights to use it

[MikeyIdea]

I have heard 10 years, better confirm with a lawyer in that case

I didn't say that it wasn't a problem... It can still be a nightmare to get the squatters out

[InterestedObserver]

So if he has been there for less than 10 years, then it's a non issue.

Thanks heaps for the reply.

I thought it was 5 years, same as right to road/path. It is common to make a fence if someone have been using your land as road/path for more than 4 years, to avoid permanent rights to use it

Ten years for titled land, five years or less for possessory rights land (1 year IAW section 1375 of the CCC).

[katabeachbum]

So if he has been there for less than 10 years, then it's a non issue.

Thanks heaps for the reply.

I thought it was 5 years, same as right to road/path. It is common to make a fence if someone have been using your land as road/path for more than 4 years, to avoid permanent rights to use it

Ten years for titled land, five years or less for possessory rights land (1 year IAW section 1375 of the CCC).

valid point, Chanote and NS3G should be safe for 10 years, but I have seen disputes on less time on titled land, and it seems court grant squatters to stay until final verdict. That could be 5-10 years for a civil case. The right to water, rice and housing is very strong in LOS

[katabeachbum]

So if he has been there for less than 10 years, then it's a non issue.

Thanks heaps for the reply.

I thought it was 5 years, same as right to road/path. It is common to make a fence if someone have been using your land as road/path for more than 4 years, to avoid permanent rights to use it

Ten years for titled land, five years or less for possessory rights land (1 year IAW section 1375 of the CCC).

valid point, Chanote and NS3G should be safe for 10 years, but I have seen disputes on less time on titled land, and it seems court grant squatters to stay until final verdict. That could be 5-10 years for a civil case. The right to water, rice and housing is very strong in LOS

for non titled farming land it is sufficient to plant trees on neighbors land, and its "yours" one year later

[Sunbelt Asia]

If a person occupies unused Chanote land in a peaceful manner (ie without intimidation or force) without leasing or being a dependent of the owner, and possesses the property with the intention of being the owner, ie builds on the land, then he may acquire the ownership of the property by adverse possession under Section 1382 of the Civil and Commercial Code after 10 years of uncontested occupation. If the owner of the property builds on the land then it is not considered unused and adverse possession does not apply.

If the land is not Chanote but one of the lesser titles then the period of occupancy may be as low as one year under Section 1375 of the Civil and Commercial Code.

http://www.sunbeltlegaladvisors.com

[donx]

If a person occupies unused Chanote land in a peaceful manner (ie without intimidation or force) without leasing or being a dependent of the owner, and possesses the property with the intention of being the owner, ie builds on the land, then he may acquire the ownership of the property by adverse possession under Section 1382 of the Civil and Commercial Code after 10 years of uncontested occupation. If the owner of the property builds on the land then it is not considered unused and adverse possession does not apply.

If the land is not Chanote but one of the lesser titles then the period of occupancy may be as low as one year under Section 1375 of the Civil and Commercial Code.

http://www.sunbeltlegaladvisors.com

What constitutes "builds on the land"? We have unused land that I wouldn't want to lose, but I don't want to build anything too substantial since we plan on building several years from now when we can spend more time than one month in Thailand every other year.

[InterestedObserver]

What constitutes "builds on the land"? We have unused land that I wouldn't want to lose, but I don't want to build anything too substantial since we plan on building several years from now when we can spend more time than one month in Thailand every other year.

If the land is reasonable in size, put up a simple fence around the property. That notifies everybody that the land is claimed by possession, but you still need to make regular visits. If you only hold possessory (non-titled) rights to the land, then visits every two years is not frequent enough.

[haveaniceday]

Thanks all for your input, using western thinking, I almost find it bizar, but, nothing really surprises me anymore, it all goes into the basket or learning.

Anyway, who am I to say what should be 'normal'.

So, in Thailand, you can buy a place that seems or appears empty and someone has it as an address in a blue book or claim they are living in it and just happened to be on holidays the day people inspected it then do a Thai squatters rights to it?

Here is the real question, how does someone guard against this ?

Can someone like Sunbelt actually do a pre purchase check against this?(Maybe I should say Lawyer, but Sunbelt is active here, just a example)

Can you have it written into the deal that no squatters have ever been on the land ?

How does Thai law look at mentality ill who no way could support them selves who claim they own the property, (and many other things as well that is clearly all crap).

Thanks for the replies, I have learnt allot in this thread.

Have A Nice Day

[InterestedObserver]

1.You do a proper title search at the local land office as part of the due diligence process before buying.

2.The named Thai person with the strongest title deed (chanote, NS3G, NS3K, NS3) is the registered land owner.

2. Squatters do not have title deeds. They may have possessory rights documents and land tax payment receipts.

2. The blue book has nothing to do with land ownership, it only names Thais registered as living at that address..

[swissie]

1.You do a proper title search at the local land office as part of the due diligence process before buying.

2.The named Thai person with the strongest title deed (chanote, NS3G, NS3K, NS3) is the registered land owner.

2. Squatters do not have title deeds. They may have possessory rights documents and land tax payment receipts.

2. The blue book has nothing to do with land ownership, it only names Thais registered as living at that address..

Well I-Observer, you know your stuff. Respect! By any chance, do you know the Thai-word for "Title-Search" ?

Thanks & cheers.

[Khun Jean]

It is called กี่บาท (Khi Baht)?

Edited March 23, 2011 by Khun Jean

[katabeachbum]

1.You do a proper title search at the local land office as part of the due diligence process before buying.

2.The named Thai person with the strongest title deed (chanote, NS3G, NS3K, NS3) is the registered land owner.

2. Squatters do not have title deeds. They may have possessory rights documents and land tax payment receipts.

2. The blue book has nothing to do with land ownership, it only names Thais registered as living at that address..

If someone has been allowed to have banana trees on a Chanote land plot for more than 10 years, they can keep this right even after land transfer. Same goes for squatters.

If the land is not titled, they keep the land covered by their banana trees after one year.

Local knowledge is very important in Thai property market. So is taking care of your property after purchase. It is not lawyers work

a fenced property, squatters must comit trespassing to occupy. Thats police work

[Sunbelt Asia]

Sunbelt Asia does offer due diligence on land or property purchases but so long as we are not the agent for the property. If the property is offered through Sunbelt Asia then the buyer needs to find another firm to do due diligence.

Our fees are as such:

Title Deed search is 8,500 Baht (per 1 title deed certificate)

Review of Agreement 9,500 Baht (in the case the Seller agrees that the Buyer will be providing the agreement, our fees for drafting of the agreement is 19,500 Baht)

Registration at the Land office 9,500

Travelling fees 2 trips = depending on the location (x 2) (2 trips are for doing the titled deed search and the other is for the registration at the land office)

All above fees are subjected to addition 7% VAT.

[swissie]

Somebody might know (Sunbelt?):

What's the Thai-word for "Squatting" or "Squatters" ?

Thanks & cheers.

[Soboringtochooseaname]

Thanks to my policeman friend and his friends squatters leeave anytime...