julesdick Posted May 29, 2011 Share Posted May 29, 2011 A Thai friend has chosen a piece of land but at present there is no soi from the road to the piece of land. The seller has promised that she will build a 4mwide road upon sale of the land. What is the normal procedure in a case like this? Should she have a lawyer draw up an agreement before she proceeds? Many thanks in advance JD Link to comment Share on other sites More sharing options...
trogers Posted May 29, 2011 Share Posted May 29, 2011 The seller has promised that she will build a 4mwide road upon sale of the land What has building a road now or later anything to do with this piece of land to be sold? And even if the road is built later, the buyer of this piece of land has no automatic right of easement, unless it is recorded into the land title, and the title of the land the road is to be built. Link to comment Share on other sites More sharing options...
Nawtier Posted May 29, 2011 Share Posted May 29, 2011 Think about it trogers.......just a lil bit. Link to comment Share on other sites More sharing options...
julesdick Posted May 29, 2011 Author Share Posted May 29, 2011 The seller has promised that she will build a 4mwide road upon sale of the land What has building a road now or later anything to do with this piece of land to be sold? And even if the road is built later' date=' the buyer of this piece of land has no automatic right of easement, unless it is recorded into the land title, and the title of the land the road is to be built. [/quote'] I should have been clearer, sorry. And now i have more info... 3 brothers each own a plot of land. The one my friend wants is the furtherst from the government road. The brothers have agreed to lay down a 4m wide road which will go from the govt road, through the first 2 plots, arriving at the last plot. So would all the titles have to be changed for this to be legally upholdable? Link to comment Share on other sites More sharing options...
trogers Posted May 29, 2011 Share Posted May 29, 2011 The seller has promised that she will build a 4mwide road upon sale of the land What has building a road now or later anything to do with this piece of land to be sold? And even if the road is built later' date=' the buyer of this piece of land has no automatic right of easement, unless it is recorded into the land title, and the title of the land the road is to be built. [/quote'] I should have been clearer, sorry. And now i have more info... 3 brothers each own a plot of land. The one my friend wants is the furtherst from the government road. The brothers have agreed to lay down a 4m wide road which will go from the govt road, through the first 2 plots, arriving at the last plot. So would all the titles have to be changed for this to be legally upholdable? The brother who sells his plot to your friend cannot commit in the sales and purchase contract an easement right on land that does not belong to him. Best is to consult a lawyer to commit the other 2 brothers and have this right reflected in their land titles. Link to comment Share on other sites More sharing options...
travelmann Posted May 29, 2011 Share Posted May 29, 2011 When buying anything believe NOTHING you are told..................has always been my motto. Link to comment Share on other sites More sharing options...
stgrhe Posted May 29, 2011 Share Posted May 29, 2011 The brother who sells his plot to your friend cannot commit in the sales and purchase contract an easement right on land that does not belong to him. Best is to consult a lawyer to commit the other 2 brothers and have this right reflected in their land titles. Correct, the brother, who is selling his piece of land, should first ensure that he is getting servitutes registered on the land title documents of his brothers. These servitutes will then remain valid also for the new owner of the land. Link to comment Share on other sites More sharing options...
julesdick Posted May 30, 2011 Author Share Posted May 30, 2011 Thanks for the advice. Will go back to seller to discuss. Link to comment Share on other sites More sharing options...
ESB7 Posted May 30, 2011 Share Posted May 30, 2011 Thanks for the advice. Will go back to seller to discuss. Plenty of land available without any issues like this..leave it alone and look for somewhere that already has access. Link to comment Share on other sites More sharing options...
julesdick Posted May 30, 2011 Author Share Posted May 30, 2011 Haha... probably the best advice! But then this land is cheap..... Link to comment Share on other sites More sharing options...
ESB7 Posted May 31, 2011 Share Posted May 31, 2011 Haha... probably the best advice! But then this land is cheap..... So, ask yourselfe, why is it so cheap???..anything that is too good to be true...always is, just that...you have answered your own question really..cheap land with access promised, do they think you came up on the downboat!!! Link to comment Share on other sites More sharing options...
katabeachbum Posted May 31, 2011 Share Posted May 31, 2011 The brother who sells his plot to your friend cannot commit in the sales and purchase contract an easement right on land that does not belong to him. Best is to consult a lawyer to commit the other 2 brothers and have this right reflected in their land titles. Correct, the brother, who is selling his piece of land, should first ensure that he is getting servitutes registered on the land title documents of his brothers. These servitutes will then remain valid also for the new owner of the land. Which provides access. In addition a road may be desired, and I would withold a part of agreed purchase amount for land to ensure road is completed Link to comment Share on other sites More sharing options...
Pacificperson Posted May 31, 2011 Share Posted May 31, 2011 1. Don't give any more of a deposit than you are willing to walk away from until the surveys are done and the tittles have been redrawn. Final payment should be for a tittle with the proper land arrangements. 2. Don't include the cost of the road in the purchase price. Lower the price and pay for the laying of the road yourself. This way it will get done. The second brother maybe should pay for a part of the road cost as it sounds like he also will be using it. . Link to comment Share on other sites More sharing options...
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