Trees And Boundaries.

[Briandajew]

Does anyone know what the law here is in Thailand regarding trees encroaching onto your land from a neighbours property? I know that in the UK you can simply chop down any branches that overhang your property as long as you return the cut branches to the owners land (else I believe you can get done for theft)

I have tried asking around here but the only answer I get is that if you cut someone elses tree they will get the police! This I really do not believe as the government are pretty quick to cut any of the trees that hang onto their land and don't ask permission.

We have a track that leads to the road and the neighbours will just not cut the trees back, they are overhanging to a point where they half block our roadway and are getting strong enough now to scratch the car trying to get out.

Surely, if you have a chanote for your own land that you have every right to clear it from whatever you want, anyone had any experience of this?

Thanks

[tingtong]

maybe seek advice from puyai baan if in doubt?

if i were you, thought, and it is over my land, i would do the cutting no second thoughts.

[shaggy1969]

Maybe wise to talk with the land owner where the tree's are and ask them if the mind you trimming back the branches.

[alaninlamphun]

Any trees that come over onto our property that get in the way i cut them back as long as there is no fruit on the branches,had no problems doing this,the other side of our land borders onto rice paddy and no and again the owner comes to my wife and asks if he can cut back some branches when the rice is close to harvest.

[Briandajew]

maybe seek advice from puyai baan if in doubt?

if i were you, thought, and it is over my land, i would do the cutting no second thoughts.

Unfortunately, the Kam Nan at my place is a vile corrupt little monkey of a man, who would probably tell me I need to pay a million Baht......

[Briandajew]

Maybe wise to talk with the land owner where the tree's are and ask them if the mind you trimming back the branches.

I would if I could but the actual landowner lives somewhere in the city, about 50KM from here and I have no idea where. They only come here once or twice a year.

[shaggy1969]

Maybe wise to talk with the land owner where the tree's are and ask them if the mind you trimming back the branches.

I would if I could but the actual landowner lives somewhere in the city, about 50KM from here and I have no idea where. They only come here once or twice a year.

That makes things a little more difficult then.If you and your family are on good terms with the landowner then I would cut back the branches that are making a problem,I am sure that they will understand.

[Briandajew]

Maybe wise to talk with the land owner where the tree's are and ask them if the mind you trimming back the branches.

I would if I could but the actual landowner lives somewhere in the city, about 50KM from here and I have no idea where. They only come here once or twice a year.

That makes things a little more difficult then.If you and your family are on good terms with the landowner then I would cut back the branches that are making a problem,I am sure that they will understand.

We really don't know the people who own the land, like I say they don't live here, they pay people to cut the grass and water the trees - this is where I am a bit worried as the trees are fruit trees which they sell in season - so if I cut down almost half of their trees that are fighting with the trees on our land (which I planted about 5 years before they did) it gets into a monetary situation - AND THAIS AND MONEY....................WELL.........

I am really just worried about the legal side of things - I keep being told by the locals that if you cut someone elses trees that the police will be involved (If someone wants to cause a problem) Me, I don't believe that for one minute, but would like to find out the real legal situation if I cut a few metres of intruding branches.

The Electric company and the local government agencies do not come and ask for my permission to cut any of my overhanging branches, in fact I am greatful they do it without actually charging me - (some of my trees are so big I couldn't get up and trim them if I wanted to!) - they just come by every now and again and lop off any branches that are interfering with their cables etc. - I am not looking for a shit fight with the neighbours, but they went and planted potentially huge fruit trees right on the border of our land - when I planted mine, I left about 5 metres between the properties, now obviously, within a few years, these ignorant sods have almost 50% of their trees growing over in my land!

At the end of the day, our land is our land and I will cut them, I just didn't want to find myself in the shit. It would have been handy if someone here knew what the law actually states.

Edited December 27, 2012 by Briandajew

[Briandajew]

I guess that the following question for this topic would be - Does anyone know if the land registry office can actually mark out the boundary in a straight line with tags or stakes etc? I have had the office out before to mark out the chanotes but all they do is come out and mark the 4 corners. It is pretty useless given that you cannot see the two corners along one boundary due to the bloody trees! All I want is for someone who cannot later be held up as an incompetent idiot, to be able to mark a straight line between two chanote marks (they are about 300M apart) but not visible from one to the other. A tight string might not be enough to overcome some of the grass, bananas and fruit trees. I don't want an inch of anyone elses land, I simply want to be able to mark mine out clearly.

This is where we fell out in the past with the Kam Nan, he complained that I had planted trees on government land (actually it was a neighbor that complained to the Kam Nan as the neighbor had used government land bordering my land where he had actually planted trees - There was supposed to be a government road for access, but his trees blocked this.) They wanted me to pull out my trees to restore access - I got the land office out and they marked my land with chanotes, and they basically told the neighbor and the Kam Nan to FUXC OFF, and the chanotes are real- it now appears he has blocked off the access and the Kam Nan has lost face after telling me I couldn't plant my trees where I had them (plus the Kam Nan had sent a JCB in when I was away and removed some of our land - he was stealing sand from the banks of a bordering Klong but took more than he was entitled too!) - so there is some real face loss here.

Edited December 27, 2012 by Briandajew

[shaggy1969]

Yes,that's a tricky one,I didn't realize that they were fruit trees.As you said, it could be a monetary matter if the owner gets wind that you have cut his trees.

What does your wife and family think?Surely there must be some family members of the landowner that you can contact.

It must be very frustrating,seeing as it your own land that you are trying to clear up.We have a similar problem with our land and that of the neighbors,our rubbers trees are three meters inside our boundary but the tree's from the neighbor are only one meter,not a problem now but it will be a different matter in another ten years.Good luck and try to keep a cool head.

[jonnyscot]

Dont know what sort of road surface you have, but we have a track running up to our land with a surface of compacted small stones,, 2 times each year I spray weed killer along the track, just to keep any weeds at bay,, it would be a rather unfortunate accident if someone had any plants encroaching on the land and they happened to get contaminated by the weed killer ,,,

[Briandajew]

Yes,that's a tricky one,I didn't realize that they were fruit trees.As you said, it could be a monetary matter if the owner gets wind that you have cut his trees.

What does your wife and family think?Surely there must be some family members of the landowner that you can contact.

It must be very frustrating,seeing as it your own land that you are trying to clear up.We have a similar problem with our land and that of the neighbors,our rubbers trees are three meters inside our boundary but the tree's from the neighbor are only one meter,not a problem now but it will be a different matter in another ten years.Good luck and try to keep a cool head.

The wife and family are your usual Thai Slave mentality - They simply shake their heads and tell me the police will be called! - This sort of thinking is quite normal here, they will not stand up to anyone, they have been conditioned over hundreds of years to be sub serviant!

They will not complain to anyone in authority, or anyone that seems to be "above them" - sad really, they need to learn that they actually do have rights here - and they do - they just seem afraid to exercise them! Bugger it, I'll cut the trees and let them bring it on!......I ain't afraid of no Thais...who you gonna call...Thai Busters!

[shaggy1969]

So what's it going to be?........pruning shears,machete or chainsaw?

[IsaanAussie]

Your issue is really in the fact that the village officials and sub district officers are elected locals and if there is a law defining these issues, these "farmers" wont know what it says. The dispute goes round and around in a circle as the village guys are supposed to settle this type of issue. Go see the agriculture or land development people and find out what the rules are. Get a copy of whatever laws and bylaws and then plan your next move. Thai laws are just as black and white as most others, it is a matter of determining if it is Royal decree, national, provincial, district or subdistrict.

[Khonwan]

Section 1347. The owner of a piece of land may cut off and keep roots of a tree or bush which have penetrated from the adjoining piece of land. He may also cut off and keep overhanging branches after giving the possessor of the adjoining piece of land reasonable notice to remove them, such notice not having been complied with.

Section 1348. Fruits falling naturally upon adjoining land are presumed to be fruits of such land.

Thai Civil Code: http://www.samuiforsale.com/law-texts/thailand-civil-code-part-3.html

Rgds

Khonwan

[jamescollister]

Think the OP is getting somewhat bent out of shape here. All these thing can be sorted out without chainsaws and aggravation. If you have the right of access, you have the right of access, get in touch with the trees owners.

The charnote surveys should have put concrete pegs in the ground which give a clear passageway, if the owner of the trees refuse to let you cut them back rent a high sided truck and drive up and down.

Realize that status counts, but saying please works a lot of the time, you or your family are just showing respect. Jim

[Bosse137]

Khonwan:Thanks,lots of useful info there!!

[NoshowJones]

maybe seek advice from puyai baan if in doubt?

if i were you, thought, and it is over my land, i would do the cutting no second thoughts.

Be careful TingTong, you are only one Farang among the rest of the Thais, and if you fall out with any of them, your life could be made a misery. You won't be dealing with only one or two Thais, that is not in their culture. In my opinion, most Thai men are cowards.

[NoshowJones]

Maybe wise to talk with the land owner where the tree's are and ask them if the mind you trimming back the branches.

I would if I could but the actual landowner lives somewhere in the city, about 50KM from here and I have no idea where. They only come here once or twice a year.

That makes things a little more difficult then.If you and your family are on good terms with the landowner then I would cut back the branches that are making a problem,I am sure that they will understand.

We really don't know the people who own the land, like I say they don't live here, they pay people to cut the grass and water the trees - this is where I am a bit worried as the trees are fruit trees which they sell in season - so if I cut down almost half of their trees that are fighting with the trees on our land (which I planted about 5 years before they did) it gets into a monetary situation - AND THAIS AND MONEY....................WELL.........

I am really just worried about the legal side of things - I keep being told by the locals that if you cut someone elses trees that the police will be involved (If someone wants to cause a problem) Me, I don't believe that for one minute, but would like to find out the real legal situation if I cut a few metres of intruding branches.

The Electric company and the local government agencies do not come and ask for my permission to cut any of my overhanging branches, in fact I am greatful they do it without actually charging me - (some of my trees are so big I couldn't get up and trim them if I wanted to!) - they just come by every now and again and lop off any branches that are interfering with their cables etc. - I am not looking for a shit fight with the neighbours, but they went and planted potentially huge fruit trees right on the border of our land - when I planted mine, I left about 5 metres between the properties, now obviously, within a few years, these ignorant sods have almost 50% of their trees growing over in my land!

At the end of the day, our land is our land and I will cut them, I just didn't want to find myself in the shit. It would have been handy if someone here knew what the law actually states.

The law doesn't matter to Thai people, you only need to look at their driving standards to see that. I don't want TV posters to think I am a Thai basher, I think I am a fairminded person and I only say things as I see them, I have also praised the Thais when it is warranted.

[Briandajew]

Think the OP is getting somewhat bent out of shape here. All these thing can be sorted out without chainsaws and aggravation. If you have the right of access, you have the right of access, get in touch with the trees owners.

The charnote surveys should have put concrete pegs in the ground which give a clear passageway, if the owner of the trees refuse to let you cut them back rent a high sided truck and drive up and down.

Realize that status counts, but saying please works a lot of the time, you or your family are just showing respect. Jim

The first problem is that the Land Office, when marking out land for the Chanotes, only mark out the corners, they do not mark a straight line from point A to point B - which as far as I can gather is pretty much normal in even civilized countries.

If there is anyone who knows how to mark out the boundary where neither Chanote is visible from the other chanote, then I would be greateful?

My problem here is the pure ignorance, We planted trees about 10 or 12 years ago - the people that planted them for us (I was working in China at the time) are "Country" Thais - they insisted we left at least 4 metres clearance between where we planted our trees and the boundary. Fair enough, allows for growth and not infringing on anyones land. The land next to ours, again planted trees, only this time it was planted (By slaves) on behalf of "Wealthy Thais" - lo and behold, they planted their entire last row of trees right on the border (which still hasn't been clearly marked out yet) but within 3 months, their trees were obviously growing into our land. Not satisfied with that, they employed more slaves to plant Banana trees even further across the boundary - Now you can imagine what this looks like after a few years!

They really cannot use the lack of a boundary as an excuse, as at the top most section of our land where the Land Office installed a Chanote marker, which I made totally visible by installing a 2 metre high concrete post - they are now cutting into my land to irrigate their trees by about 3- 4 metres, the Chanote post is virtually at the centre of their trees trunk, and it has (had) overhanging branches of over 4 metres! It really pisXeX me off at supposedly educated people behaving like this.

I would just like to be able to clarify legally that I am in my rights to just chop down any branches that are protruding into my land, nothing more - and yes, a high sided truck would work very well for one side of my land where the roadway comes in, I like that - it could even have chainsaws fitted to the wheels like something from Ben Hur! I simply would never have planted a tree in the first place knowing it was obviously going to grow into someone elses land.

[jamescollister]

Think the OP is getting somewhat bent out of shape here. All these thing can be sorted out without chainsaws and aggravation. If you have the right of access, you have the right of access, get in touch with the trees owners.

The charnote surveys should have put concrete pegs in the ground which give a clear passageway, if the owner of the trees refuse to let you cut them back rent a high sided truck and drive up and down.

Realize that status counts, but saying please works a lot of the time, you or your family are just showing respect. Jim

The first problem is that the Land Office, when marking out land for the Chanotes, only mark out the corners, they do not mark a straight line from point A to point B - which as far as I can gather is pretty much normal in even civilized countries.

If there is anyone who knows how to mark out the boundary where neither Chanote is visible from the other chanote, then I would be greateful?

My problem here is the pure ignorance, We planted trees about 10 or 12 years ago - the people that planted them for us (I was working in China at the time) are "Country" Thais - they insisted we left at least 4 metres clearance between where we planted our trees and the boundary. Fair enough, allows for growth and not infringing on anyones land. The land next to ours, again planted trees, only this time it was planted (By slaves) on behalf of "Wealthy Thais" - lo and behold, they planted their entire last row of trees right on the border (which still hasn't been clearly marked out yet) but within 3 months, their trees were obviously growing into our land. Not satisfied with that, they employed more slaves to plant Banana trees even further across the boundary - Now you can imagine what this looks like after a few years!

They really cannot use the lack of a boundary as an excuse, as at the top most section of our land where the Land Office installed a Chanote marker, which I made totally visible by installing a 2 metre high concrete post - they are now cutting into my land to irrigate their trees by about 3- 4 metres, the Chanote post is virtually at the centre of their trees trunk, and it has (had) overhanging branches of over 4 metres! It really pisXeX me off at supposedly educated people behaving like this.

I would just like to be able to clarify legally that I am in my rights to just chop down any branches that are protruding into my land, nothing more - and yes, a high sided truck would work very well for one side of my land where the roadway comes in, I like that - it could even have chainsaws fitted to the wheels like something from Ben Hur! I simply would never have planted a tree in the first place knowing it was obviously going to grow into someone elses land.

A bit of a common practice out here [ my area ] to plant banana trees right on the edge of their land and sometimes a bit over into your land, so they can claim it. On our factory land, which has charnote title there were trees planted years before the charnotes were issued right on the land border. whose trees are they, is a question, as they were planted before we or the new owner next door bought the land.

Right of access is another question, does the access come under your charnote or his, or is it no mans land, a road.

Think if you can not contact the owner and make a deal, you need to see a land lawyer to sort it out, but be careful. If you have built a house or something on your land without planning permission and the others have a bit of pull you may find you are on a loser.

Better to not make waves if you can help it. Jim

[loong]

If they are now planting banana plants on your land, it is probably what Jim says. They intend to claim your land.

I believe that if you allow them to occupy your land for 10 years, they can then claim the land off of you. I'm not totally sure, but planting trees etc would probably be deemed as occupying.

You really need to sort this out. Talk to a lawyer about your rights or the Land Developement Office at least.

It would be interesting to know what the situation is when the trunk of a tree is exactly on the borderline. Does it belong to both landowners in common? or the person who planted it?

We have a rickety fence erected by our neighbor between my vegetable garden and the neighbours. With trees and things and the fact that the fence isn't exactly straight, I can only guess where the exact border is.

My neighbour's banana is now putting up a few suckers on our side of the fence. I feel like they are probably growing with the stem fully on our land, but not certain. Only one has borne fruit so far and to be honest, I had no idea who it belonged to. The neighbour had no doubt as they took the bananas.

It doesn't bother me, but there will come a time that the banana plants will spread out more and there will be no doubt that they are on our land. I will remove them as they start to grow.

[cooked]

I guess that the following question for this topic would be - Does anyone know if the land registry office can actually mark out the boundary in a straight line with tags or stakes etc? I have had the office out before to mark out the chanotes but all they do is come out and mark the 4 corners. It is pretty useless given that you cannot see the two corners along one boundary due to the bloody trees! All I want is for someone who cannot later be held up as an incompetent idiot, to be able to mark a straight line between two chanote marks (they are about 300M apart) but not visible from one to the other. A tight string might not be enough to overcome some of the grass, bananas and fruit trees. I don't want an inch of anyone elses land, I simply want to be able to mark mine out clearly.

This is where we fell out in the past with the Kam Nan, he complained that I had planted trees on government land (actually it was a neighbor that complained to the Kam Nan as the neighbor had used government land bordering my land where he had actually planted trees - There was supposed to be a government road for access, but his trees blocked this.) They wanted me to pull out my trees to restore access - I got the land office out and they marked my land with chanotes, and they basically told the neighbor and the Kam Nan to FUXC OFF, and the chanotes are real- it now appears he has blocked off the access and the Kam Nan has lost face after telling me I couldn't plant my trees where I had them (plus the Kam Nan had sent a JCB in when I was away and removed some of our land - he was stealing sand from the banks of a bordering Klong but took more than he was entitled too!) - so there is some real face loss here.

This will sound complicated, but you can do it yourself once the corners are marked. If you measure back a certain distance at right angles to the boundary at the markers onto your land, you can then place two poles temporarily. You measure back as little as possible so that the other pole is visible. Up to 3 or 4 meters shouldn't be a problem, but with increasing distance more care must be taken with the right angle. So you can at intervals along this temporary line measure back and put a peg in on the boundary with some precision. You might want to put the pegs in 1 or 2 centimeters back onto your property. I last did this at University and the results were correct enough.

[Briandajew]

Section 1347. The owner of a piece of land may cut off and keep roots of a tree or bush which have penetrated from the adjoining piece of land. He may also cut off and keep overhanging branches after giving the possessor of the adjoining piece of land reasonable notice to remove them, such notice not having been complied with.

Section 1348. Fruits falling naturally upon adjoining land are presumed to be fruits of such land.

Thai Civil Code: http://www.samuifors...ode-part-3.html

Rgds

Khonwan

Thank you so much!

Finally an answer with a legal link! You really cannot imagine what peace of mind this gives me - I apologise for the late reply - I have been out and about for a while, thank you again, your input is most greatly appreciated.....now, is it Chainsaw.....(Actually in reply to another poster...Weed Killer does not work on full fledged trees if you only spray it onto the leaves that are affecting your area (in my casre about 20%) - all it does is wither the leaves and deforms the growth a little.

I hoped for and finally have the proof that the laws here in many cases are sensible, it is pretty much the same as the UK - if it comes into your property, you can cut it!!! Almost 10 YEARS OF NONSENSE Dispelled in this one post!! You really have no idea how much help you have been! Truly - Thank you!

Do you actually have a link to the Thai original documents as a couple more of the sections of Thai Law apply to some land my wife has - cheers!

Edited January 6, 2013 by Briandajew

[Briandajew]

I guess that the following question for this topic would be - Does anyone know if the land registry office can actually mark out the boundary in a straight line with tags or stakes etc? I have had the office out before to mark out the chanotes but all they do is come out and mark the 4 corners. It is pretty useless given that you cannot see the two corners along one boundary due to the bloody trees! All I want is for someone who cannot later be held up as an incompetent idiot, to be able to mark a straight line between two chanote marks (they are about 300M apart) but not visible from one to the other. A tight string might not be enough to overcome some of the grass, bananas and fruit trees. I don't want an inch of anyone elses land, I simply want to be able to mark mine out clearly.

This is where we fell out in the past with the Kam Nan, he complained that I had planted trees on government land (actually it was a neighbor that complained to the Kam Nan as the neighbor had used government land bordering my land where he had actually planted trees - There was supposed to be a government road for access, but his trees blocked this.) They wanted me to pull out my trees to restore access - I got the land office out and they marked my land with chanotes, and they basically told the neighbor and the Kam Nan to FUXC OFF, and the chanotes are real- it now appears he has blocked off the access and the Kam Nan has lost face after telling me I couldn't plant my trees where I had them (plus the Kam Nan had sent a JCB in when I was away and removed some of our land - he was stealing sand from the banks of a bordering Klong but took more than he was entitled too!) - so there is some real face loss here.

This will sound complicated, but you can do it yourself once the corners are marked. If you measure back a certain distance at right angles to the boundary at the markers onto your land, you can then place two poles temporarily. You measure back as little as possible so that the other pole is visible. Up to 3 or 4 meters shouldn't be a problem, but with increasing distance more care must be taken with the right angle. So you can at intervals along this temporary line measure back and put a peg in on the boundary with some precision. You might want to put the pegs in 1 or 2 centimeters back onto your property. I last did this at University and the results were correct enough.

Thank you, I sort of understand where you are coming from but I have no reference points from any angle - My Chanotes are not visible from any other Chanotes from the property, some are over 200 M apart, some are 100 or so, in most cases, long or thick grass obscures the view, and as for using poles of any height, these are blocked by trees - However, from what you have given me, I am certain that I can work with something - I read a bit about this sort of measurements using visbility using angles - Pythagoras and all of that shit they taught us at school and we never thought we would use again! Thank You!

[Briandajew]

I guess that the following question for this topic would be - Does anyone know if the land registry office can actually mark out the boundary in a straight line with tags or stakes etc? I have had the office out before to mark out the chanotes but all they do is come out and mark the 4 corners. It is pretty useless given that you cannot see the two corners along one boundary due to the bloody trees! All I want is for someone who cannot later be held up as an incompetent idiot, to be able to mark a straight line between two chanote marks (they are about 300M apart) but not visible from one to the other. A tight string might not be enough to overcome some of the grass, bananas and fruit trees. I don't want an inch of anyone elses land, I simply want to be able to mark mine out clearly.

This is where we fell out in the past with the Kam Nan, he complained that I had planted trees on government land (actually it was a neighbor that complained to the Kam Nan as the neighbor had used government land bordering my land where he had actually planted trees - There was supposed to be a government road for access, but his trees blocked this.) They wanted me to pull out my trees to restore access - I got the land office out and they marked my land with chanotes, and they basically told the neighbor and the Kam Nan to FUXC OFF, and the chanotes are real- it now appears he has blocked off the access and the Kam Nan has lost face after telling me I couldn't plant my trees where I had them (plus the Kam Nan had sent a JCB in when I was away and removed some of our land - he was stealing sand from the banks of a bordering Klong but took more than he was entitled too!) - so there is some real face loss here.

This will sound complicated, but you can do it yourself once the corners are marked. If you measure back a certain distance at right angles to the boundary at the markers onto your land, you can then place two poles temporarily. You measure back as little as possible so that the other pole is visible. Up to 3 or 4 meters shouldn't be a problem, but with increasing distance more care must be taken with the right angle. So you can at intervals along this temporary line measure back and put a peg in on the boundary with some precision. You might want to put the pegs in 1 or 2 centimeters back onto your property. I last did this at University and the results were correct enough.

If you are at all able, would you possibly be able to PM me on this as I don't quite understand - I am a bit sketchy as to how to obtain the angles and the degree of accuracy - I am not after something to the last centimetre - in fact I am willing to give up half a metre or so if it enables me to get a real boundary in place.

[Briandajew]

Think the OP is getting somewhat bent out of shape here. All these thing can be sorted out without chainsaws and aggravation. If you have the right of access, you have the right of access, get in touch with the trees owners.

The charnote surveys should have put concrete pegs in the ground which give a clear passageway, if the owner of the trees refuse to let you cut them back rent a high sided truck and drive up and down.

Realize that status counts, but saying please works a lot of the time, you or your family are just showing respect. Jim

The first problem is that the Land Office, when marking out land for the Chanotes, only mark out the corners, they do not mark a straight line from point A to point B - which as far as I can gather is pretty much normal in even civilized countries.

If there is anyone who knows how to mark out the boundary where neither Chanote is visible from the other chanote, then I would be greateful?

My problem here is the pure ignorance, We planted trees about 10 or 12 years ago - the people that planted them for us (I was working in China at the time) are "Country" Thais - they insisted we left at least 4 metres clearance between where we planted our trees and the boundary. Fair enough, allows for growth and not infringing on anyones land. The land next to ours, again planted trees, only this time it was planted (By slaves) on behalf of "Wealthy Thais" - lo and behold, they planted their entire last row of trees right on the border (which still hasn't been clearly marked out yet) but within 3 months, their trees were obviously growing into our land. Not satisfied with that, they employed more slaves to plant Banana trees even further across the boundary - Now you can imagine what this looks like after a few years!

They really cannot use the lack of a boundary as an excuse, as at the top most section of our land where the Land Office installed a Chanote marker, which I made totally visible by installing a 2 metre high concrete post - they are now cutting into my land to irrigate their trees by about 3- 4 metres, the Chanote post is virtually at the centre of their trees trunk, and it has (had) overhanging branches of over 4 metres! It really pisXeX me off at supposedly educated people behaving like this.

I would just like to be able to clarify legally that I am in my rights to just chop down any branches that are protruding into my land, nothing more - and yes, a high sided truck would work very well for one side of my land where the roadway comes in, I like that - it could even have chainsaws fitted to the wheels like something from Ben Hur! I simply would never have planted a tree in the first place knowing it was obviously going to grow into someone elses land.

A bit of a common practice out here [ my area ] to plant banana trees right on the edge of their land and sometimes a bit over into your land, so they can claim it. On our factory land, which has charnote title there were trees planted years before the charnotes were issued right on the land border. whose trees are they, is a question, as they were planted before we or the new owner next door bought the land.

Right of access is another question, does the access come under your charnote or his, or is it no mans land, a road.

Think if you can not contact the owner and make a deal, you need to see a land lawyer to sort it out, but be careful. If you have built a house or something on your land without planning permission and the others have a bit of pull you may find you are on a loser.

Better to not make waves if you can help it. Jim

Thanks Jim! - We have a house built on here, but it is all legal, we have stamped plans from the planning division of the red tape brigade, we have the blue book, we have the Chanotes..all of which have actually been signed over to my 12 year old son - (Who cannot sell them until he is about 20 or 21) - At least if me or the wife dies in the meantime - the old Satan Grandmother cannot lay claim! That used to make the hairs on my neck curl, to think that some old bugger could get posession of the land - it cost me about 500 GBP to pay taxes etc. to put it in his name, but now I have a bit of peace of mind knowing no one can sell it from under him.

Yeah, I don't really want to make any waves, I just want to clearly set out a boundary between the two pieces of land - This thing about the Banana planting - surely they cannot claim any land that you actually have a chanote for - as from what the earlier poster said, you have the right to cut any of their intruding trees down?

I must admit, I am quite impressed as to the way the Law has been laid out - It (as I suspected) appears that my family are still relating to SLAVE LAWS that they still believe to be in force from hundreds of years ago....This makes so much more sense and I am so greatful for the clarification - If I can get a hold of the written laws in Thai...I feel them quivering in their blue or white oversized wellington boots! (That make even the biggest Thai bloke look like the biggest GAY you have ever seen!)

Edited January 6, 2013 by Briandajew

[FredLee]

It is my understanding that Thailand has a law similar to the U.S. property law known as adverse possession. In Thailand I think it is referred to as "rights of possession". Here is a link, and a short quote from the article for your review.

Thailand adopts this concept in Section 1382. – Of the Civil and Commercial Code:-

“Where a person has, for an interrupted period of ten years in case of an immovable property, or five years in case of movable property, peacefully and openly possessed a property belonging to another, with the intention to be its owner, has acquired the ownership of it”

http://thaisolicitor.com/?p=238

[jamescollister]

Think the OP is getting somewhat bent out of shape here. All these thing can be sorted out without chainsaws and aggravation. If you have the right of access, you have the right of access, get in touch with the trees owners.

The charnote surveys should have put concrete pegs in the ground which give a clear passageway, if the owner of the trees refuse to let you cut them back rent a high sided truck and drive up and down.

Realize that status counts, but saying please works a lot of the time, you or your family are just showing respect. Jim

The first problem is that the Land Office, when marking out land for the Chanotes, only mark out the corners, they do not mark a straight line from point A to point B - which as far as I can gather is pretty much normal in even civilized countries.

If there is anyone who knows how to mark out the boundary where neither Chanote is visible from the other chanote, then I would be greateful?

My problem here is the pure ignorance, We planted trees about 10 or 12 years ago - the people that planted them for us (I was working in China at the time) are "Country" Thais - they insisted we left at least 4 metres clearance between where we planted our trees and the boundary. Fair enough, allows for growth and not infringing on anyones land. The land next to ours, again planted trees, only this time it was planted (By slaves) on behalf of "Wealthy Thais" - lo and behold, they planted their entire last row of trees right on the border (which still hasn't been clearly marked out yet) but within 3 months, their trees were obviously growing into our land. Not satisfied with that, they employed more slaves to plant Banana trees even further across the boundary - Now you can imagine what this looks like after a few years!

They really cannot use the lack of a boundary as an excuse, as at the top most section of our land where the Land Office installed a Chanote marker, which I made totally visible by installing a 2 metre high concrete post - they are now cutting into my land to irrigate their trees by about 3- 4 metres, the Chanote post is virtually at the centre of their trees trunk, and it has (had) overhanging branches of over 4 metres! It really pisXeX me off at supposedly educated people behaving like this.

I would just like to be able to clarify legally that I am in my rights to just chop down any branches that are protruding into my land, nothing more - and yes, a high sided truck would work very well for one side of my land where the roadway comes in, I like that - it could even have chainsaws fitted to the wheels like something from Ben Hur! I simply would never have planted a tree in the first place knowing it was obviously going to grow into someone elses land.

A bit of a common practice out here [ my area ] to plant banana trees right on the edge of their land and sometimes a bit over into your land, so they can claim it. On our factory land, which has charnote title there were trees planted years before the charnotes were issued right on the land border. whose trees are they, is a question, as they were planted before we or the new owner next door bought the land.

Right of access is another question, does the access come under your charnote or his, or is it no mans land, a road.

Think if you can not contact the owner and make a deal, you need to see a land lawyer to sort it out, but be careful. If you have built a house or something on your land without planning permission and the others have a bit of pull you may find you are on a loser.

Better to not make waves if you can help it. Jim

Thanks Jim! - We have a house built on here, but it is all legal, we have stamped plans from the planning division of the red tape brigade, we have the blue book, we have the Chanotes..all of which have actually been signed over to my 12 year old son - (Who cannot sell them until he is about 20 or 21) - At least if me or the wife dies in the meantime - the old Satan Grandmother cannot lay claim! That used to make the hairs on my neck curl, to think that some old bugger could get posession of the land - it cost me about 500 GBP to pay taxes etc. to put it in his name, but now I have a bit of peace of mind knowing no one can sell it from under him.

Yeah, I don't really want to make any waves, I just want to clearly set out a boundary between the two pieces of land - This thing about the Banana planting - surely they cannot claim any land that you actually have a chanote for - as from what the earlier poster said, you have the right to cut any of their intruding trees down?

I must admit, I am quite impressed as to the way the Law has been laid out - It (as I suspected) appears that my family are still relating to SLAVE LAWS that they still believe to be in force from hundreds of years ago....This makes so much more sense and I am so greatful for the clarification - If I can get a hold of the written laws in Thai...I feel them quivering in their blue or white oversized wellington boots! (That make even the biggest Thai bloke look like the biggest GAY you have ever seen!)

Thia law is stronge and will be upheld in the courts, much is based on French laws.. Trouble here is that the law is there, but the people in rural areas, never really understood their own system, everything has been done by the old ways, custom and abiding by those who have influence. Land is sold and transferred by village heads and others who can say they have the power to make decisions. BKK is far away, the Tax man is not here.

Good move putting the land in your sons name, read all of these farangs who use alleged loop holes in the law to control [ own land ] No one can touch the land without a court order if in a kids name.

Good for you also doing the right thing by getting all the permits for your house etc if it is stamped and sealed you can rest easy.

You sound like a smart man. Jim

[Yorkshire Tea]

On 12/27/2012 at 8:47 PM, Khonwan said:

Section 1347. The owner of a piece of land may cut off and keep roots of a tree or bush which have penetrated from the adjoining piece of land. He may also cut off and keep overhanging branches after giving the possessor of the adjoining piece of land reasonable notice to remove them, such notice not having been complied with.

Section 1348. Fruits falling naturally upon adjoining land are presumed to be fruits of such land.

Thai Civil Code: http://www.samuiforsale.com/law-texts/thailand-civil-code-part-3.html

Rgds

Khonwan

Can the neighbour bill the land owner for work carried out to trim overhanging trees?