Thai Refuses To Vacate Wife'S Property

[PaddyThai]

My wife owns a farm with a small house in rural Thailand.

Her mother used to live there with her second husband.They had lived there for about 13 years. Her mother died 2 years ago. and my wife told her father in law that he could continue living there.

Now there have been arguments with father in-law and her relatives. My wife has not asked him to leave but he has told her that he will never leave.

My concern now is that he may be able to claim ownership as a squatter or whatever the Thai equivalent is. The agreement to let him live there was verbal at the time of mother in- law's passing.

Anyone know what the legal position is with someone claiming ownership of property after living on it for years.

[guzzi850m2]

We are having almost same problem as you. Here is the short version; My wifes sister and husband (nasty piece of shit, woman beater when drunk (often)) build a house on my wifes land behind her house despite my wife told them on the phone that she will not allow it. They had been living there in a shack for many years which complicate matters.

The police told my wife that we will have to go to court so a lawyer was contacted and and he made a official complaint to the court. On the first court hearing which my wife attended the court was basically telling all involved that they will prefer that its settled outside the court because its family, but my wife has the right to her land. Next court hearing was a disaster as the nasty brother in law showed up with a high profile red shirt lawyer (works for the poor for free sometimes) and made an appeal. So now we are waiting for the 3rd court hearing which hopefully will be in Jan/Feb this year so we can get it settled once and for all, but no idea which outcome to expect.

This house is located some 60 km from SiSaket in real rural settings but are only used by my wifes younger brother as we live in Pattaya. Wife's brother don't want to live in the house anymore because of the brother in law, they are sometimes fighting (brother in law drunk), my wife's brother never drinks and are a quiet person but are so scared of this piece of shit that he keeps a loaded gun in his bedroom and my wife told him to use it if the looser breaks into the house at night.

OP the way I see it your only option is to contact a lawyer and get your wife to explain the situation but if he have stayed in the house for 13 years I think your chances of winning is slim, but talk to a lawyer anyway. Mine cost app. 15k bath all included (wife found him in BKK, young and hard working).

[chiangmaibruce]

Here is one reference: http://www.thailawforum.com/supreme_court_opinions/2007-Slip-Issue-1.html

Google on "Thailand adverse possession" for more

[haveaniceday]

About 6 months ago there were some very detailed threads on this subject,worth the time wading through.

[haveaniceday]

I really don't know much about the subject at all, except squatters have real rights.

3 things I remember for you to look into though, on the 9th year, advised to formally evict them in the courts so there is a record of it, (apparently).

The boundary being fenced is important, not sure why though.

If buying land, or a house on land, be careful that some one does come out of the woodwork and claim squatters rights on a shack and a plantation. The can also claim any area they used for grow and access as well, if been there for 10 years, again, (apparently). Legally, take my comment with a grain of salt, but I do suggest you follow them up though with an expert opinion, any feedback with what you find would be good as well thanks.

[PaddyThai]

Thanks for replies.

I have looked at old threads on this subject but not found clear guidelines. I suppose everyone's situation is different.

I just found this site which I will study later. Might be useful for others;

http://www.thailandlawonline.com/Laws/property-law-land-code-act.html

My wife is now of the opinion that the best thing to do is sell the property. Threats have been made against her family if we try to evict squatters and that causes complications.

I don't want to sell but sometimes people make their own lives difficult.

[chiangmaibruce]

Why not share the love around? See if these guys are looking for some nice land to build a clubhouse on

http://www.thaivisa.com/forum/topic/319846-hells-angels-mc-in-thailand/

[haveaniceday]

Why don't you play with the Brother in law, find out his ghost weakness, or the sisters, then have it haunted?

[meatboy]

make a fresh start,sell it all and move away.

[PaddyThai]

For anyone interested, we have decided to sell.

Making good profit on 15 year investment.

[bino]

Take a page out of Chuwit's playbook- hammer time!

[PaddyThai]

Take a page out of Chuwit's playbook- hammer time!

Have no idea what you mean

[RAZZELL]

Take a page out of Chuwit's playbook- hammer time!

Have no idea what you mean

A little episode a few years ago on Soi 10.

http://en.wikipedia.org/wiki/Chuwit_Kamolvisit

RAZZ

[thaiwanderer]

For anyone interested, we have decided to sell.

Making good profit on 15 year investment.

Has he left then?

[InterestedObserver]

For anyone interested, we have decided to sell.

Making good profit on 15 year investment.

Has he left then?

Probably not, they want to sell with "him" in place.

[haveaniceday]

Sold it to the Brother in Law I presume he meant.

[samsiam]

So he wins......he played you good then huh.....weak effort.

[InterestedObserver]

Sold it to the Brother in Law I presume he meant.

I don't think so!

[samsiam]

Who would buy it with a squatter on it ??

[Onnutrd]

Well it's rather quite simple. Your wife has said that he can continue living there, so let him. Finished, done.

But I suspect that she's "changed her mind," but unfortunately she probably can't just change her mind and it's certainly not going to hold up in court that you're trying to evict your father in law. From the point of the court, they'll see your wife wanting to evict a widow, who, for 13 years took care of the land, and, would become homeless, while, your wife has enough money to actually own land. Whatever the problem is between the Father in Law and the Wife, I would suggest sorting it out, because either way it might ruin the relationship and I suspect that the arguing is either directly about the land (and a significant change to it) or him living there is a problem and the wife is venting anger out this way.

Good luck either way.

[PaddyThai]

Thanks for replies.

Originally my wife was happy to let the 2nd husband of her mother live on the farm for the rest of his life. His family, unfortunately, have moved into the house/farm and have put a lock on the gate of the fenced property. My wife's sister cannot access the land. They have not given a portion of the rice to my sister in-law as agreed and have sold her rice share. He has made it clear to my wife that something bad will happen to her sister if we try to evict him. He said this even though my wife never mentioned evicting him. We would have been happy to leave him there but his, and his families behaviour, is not good.

I am not sure what the legal situation is. He lived with my wife's mother on the farm for about 10 years. He has stayed there for 3 years thereafter.

Many people in the local village are eager to buy the land, and several Chineese from local town. we would prefer to sell to my wife's cousin even at a lower price.

The prospective purchasers are not too concerned about the possible squatter problem.

[InterestedObserver]

The prospective purchasers know how to take care of squatters.

[Rhys]

you're pretty much F... do what you need and move on

Edited January 7, 2012 by Rhys

[Tanaka]

As has been suggested, the easiest and perhaps best solution for you is to sell the land at a profit. The alternative would have been a bulldozer and flatten your mother's building completely.

[KRS1]

Whoever pays the property taxes is the legal owner of the land, case closed.

Next

[PaddyThai]

Whoever pays the property taxes is the legal owner of the land, case closed.

Next

With respect, that doesn't make any sense.

A person might leave his farm to go and work in Bkk and end up staying there for years. How would he know that someone had been paying the small amount of land tax in order to get ownership of the property

[thaiwanderer]

Whoever pays the property taxes is the legal owner of the land, case closed.

Next

Wholly incorrect.

[sotsira]

I think KRS1means the "property taxes" as in the taxes paid when the property is sold.

[PaddyThai]

UPDATE

For anyone interested my wife has now decided that she would be better off keeping the property as the income from rice, fruit, fish helps her sister survive. If she sells the farm she would end up sending money to sister every month. If she keeps farm then her sister has food and some income from selling rice. her sister would lease land to locals and get paid in produce, as is the custom.

I am happy with this as I expect land prices to increase over next 5 to 10 years.

My wife plans to pay squatter 100,000 as compensation for him now having to move out. I do not agree with this for a variety of reasons but admit that paying him 50,000 might save a lot of hassle and legal fees.

[khunPer]

It may be depending on the land deed, Chanote or...?

I have read - think in a book about Thai property og Thai Law - that, if you leave a low deed the land unused and someone else live on or use a land for more than three years, they may be able to claim ownership. A local advise is, always to fence your land to show, that you are using it.

For Chanote there should be a semilar rule, but for 10 years of unused land, inhabited/used by others.

To my knowledge, some very low deeds are depending on paying tax (the regular monthly/annual land tax) and having the reciepts, but I have heard, that it is only for right to use land, originally owned by the gouverment. May be able to upgrate to a land owner deed, of which some can only transfer to other family members and cannot be used as security for loans (normally written i red thai lettes in a box on the front or the back of the deed).

In the OP's case, worth checking the deed and ask a lawyer.