Road Access Not Shown On Chanote

[Smithson]

Recently we looked at a peice of land. The only access is via a small section of dirt road, however this is not shown on the Chanote.

The owner was quite honest, telling us the track was made by locals through govt land and is not an official road.

He felt it was unlikely it would be closed as several ppl relied on it for access to their fields.

Does anyone know govt policy in such situations? Is there a chance access could be cut in the future?

[InterestedObserver]

If its not shown on the Chanote then it doesn't exist. You are taking somebodies word for future access to your property. Yes, there are laws covering property access but you may have to go to court to enforce them. You need to investigate just who owns the 'small section of dirt road' at the land office.

Edited April 14, 2011 by InterestedObserver

[Smithson]

^ Thanks for the post, as stated earlier the access land is owned by the govt., the owner has told us the track was made by locals. Please provide some information on the laws you are referring to.

[BuckarooBanzai]

^ Thanks for the post, as stated earlier the access land is owned by the govt., the owner has told us the track was made by locals. Please provide some information on the laws you are referring to.

Sometimes these small trails are govt. roads that have not been developed. We have had many of these tracks improved into decent access roads by the govt. over the last several years. You may want to check the land office to see what the status of this particular piece of land is.

[Smithson]

There is a sign on the land saying something about it being a forest area. It has been planted with trees and bamboo. The track wasn't made by the govt but by farmers to access their fields.

[BuckarooBanzai]

There is a sign on the land saying something about it being a forest area. It has been planted with trees and bamboo. The track wasn't made by the govt but by farmers to access their fields.

Regardless of who put in the trail it may be a planned govt. road for future development. These farmer access paths exist all over and generally correspond to these planned roads which exist between property lines. If you don't want to take the time to check with the land office you won't know if you have a problem or not.

[wimpy]

Excuse me for butting in here. We are in a similar situation. There is a plot of land that we are interested in buying (outlined in green). One corner of it bumps up against the soi. It has a chanote.

The plot to the left is privately held with a chanote. The plot below us currently does not have a chanote or naa saa 3 title. The way my friend described it, it is reserved for a title in the future. It appears to be unused land.

We are going to visit the land department on Monday, to see what they say about access. I am concerned that we would be infringing on the neighbors to the right, below, or both if we put in a driveway for vehicular access. Thoughts anyone?

[borowolf]

There is a sign on the land saying something about it being a forest area. It has been planted with trees and bamboo. The track wasn't made by the govt but by farmers to access their fields.

This sounds as if the land is in an area somewhere in the hills without chanotte.

Most people, especially lawyers, will advise you not to buy land without chanotte.

[InterestedObserver]

Excuse me for butting in here. We are in a similar situation. There is a plot of land that we are interested in buying (outlined in green). One corner of it bumps up against the soi. It has a chanote.

The plot to the left is privately held with a chanote. The plot below us currently does not have a chanote or naa saa 3 title. The way my friend described it, it is reserved for a title in the future. It appears to be unused land.

We are going to visit the land department on Monday, to see what they say about access. I am concerned that we would be infringing on the neighbors to the right, below, or both if we put in a driveway for vehicular access. Thoughts anyone?

You clearly have a problem. Depending on what the land office says, you need to secure a piece of the land below for a driveway.

[katabeachbum]

Excuse me for butting in here. We are in a similar situation. There is a plot of land that we are interested in buying (outlined in green). One corner of it bumps up against the soi. It has a chanote.

The plot to the left is privately held with a chanote. The plot below us currently does not have a chanote or naa saa 3 title. The way my friend described it, it is reserved for a title in the future. It appears to be unused land.

We are going to visit the land department on Monday, to see what they say about access. I am concerned that we would be infringing on the neighbors to the right, below, or both if we put in a driveway for vehicular access. Thoughts anyone?

You clearly have a problem. Depending on what the land office says, you need to secure a piece of the land below for a driveway.

seconded, "your" land does not presently have road access, even if you see a road

[katabeachbum]

OP I would bring "your" land title to the land office, and ask to see the neighboring land titles, especially the one with an existing track. To maintain access to "your" land, the access road land needs to have "your" servitut registered in its land title to ensure future access.

Unless the road is a separate land title and titled "public road", but then this would usually appear on "your' land title

[Smithson]

Thanks for the replies, we will visit the land office on Mon. As for the existing track, this is on public land that has been reforested with trees and bamboo. Apparently the same villagers who did the replanting also built the track.

[Smithson]

We visited the land office, who were very helpful, but unable to tell us the ownership details of the track leading to the block. They suggested the roads office, who also had no info.

They said if the land is privately owned to steer clear of it, however if it is govt. owned there is a policy not to block access. Does anybody know more about this?

Next stop is the Or Bor Tor, who will clarify who owns the land.