Chanote Gets Stolen

[soi41]

...Is there something in the Thai law, as there is in our countries law, that allows to file a claim against unknown parties?

I don't think there is, nor do I see any reason why there should be. If your house gets burgled the police will accept your complaint even if you do not know the name of the culprit. The same goes for the destruction of property markers. When you report it to police, keep your copy of the police report with the chanote and give the land registration office a copy.

Come on guys, you are taking yourself way to seriously here! How many propertymarkers do you think is destroyed/moved each year here ? My advice to the OP, forget it! Your neighbour might continuie to grow cassava on his plot for another 20 years, without disturbing you. I you file a policereport, and they question him, you can be sure within a week, he will start building a structure right on the boundary!

[jbrain]

...Is there something in the Thai law, as there is in our countries law, that allows to file a claim against unknown parties?

I don't think there is, nor do I see any reason why there should be. If your house gets burgled the police will accept your complaint even if you do not know the name of the culprit. The same goes for the destruction of property markers. When you report it to police, keep your copy of the police report with the chanote and give the land registration office a copy.

Come on guys, you are taking yourself way to seriously here! How many propertymarkers do you think is destroyed/moved each year here ? My advice to the OP, forget it! Your neighbour might continuie to grow cassava on his plot for another 20 years, without disturbing you. I you file a policereport, and they question him, you can be sure within a week, he will start building a structure right on the boundary!

You should read the OP and following posts again. I have no issues with my neighbour growing casava on that 20 cm of land that actually belongs to me.I also don't have an issue if he start building a structure on the boundary as that is his right.

But I disagree with the fact that he destroys the boundary markers, because if I ever sell the land in the future, the buyers will request clearly marked boundaries.

Do you mind if I take the spare wheel of your car, as you don't use it anyway ?

[DekDaeng]

Measure the remains of the marker to your building / fence etc, at least two different directions. As accurately as possible. Record, copy & keep safe.

Then you can always refer to those to see if a dispute needs to be taken to lands dep.

[Khun Jean]

My solution to this problem would be to have one more visit of the landoffice to put in new markers and have those markers poured in concrete, while they are there as witnesses, that fills the area between the wall and the marker. Maybe just half the marker to make the point clear.

The end result would be a concrete strip 20 cm wide connected to the wall all around and have those markersembedded.

[sscsamui]

Build a solid wall and get a new marker for that corner and build it in the wall... Take photos... Then you could put in CCTV to see if it happens again and who...

[PattayaPhom]

Buy a 1.5 metre concrete post and paint the top 6 inches red. Put this in place of the marker. You have had your land surveyed and registered already so no need to do again.

[colin2]

I had a little problem with one of my neighbors, when I went to build my wall. When I put a string line between the two markers on that side, I found that they had claimed about 1 meter of my land by putting a post in the ground and growing onions there.

They were not happy when I pointed it out and made them move it all, But the loss of Thai Face issue was over come by me giving them a box of beer and 2 large fish for their dinner. This made it all ok, as they had managed to screw the farang for something.

[bbradsby]

The neighbor may be planning on 'taking' the land on his side of the wall first via beneficial use, and then by use of an obscure land law that exists in many countries including the US - possibly in Thailand... I don't know. This is regardless of the legal property line location.

YOu may want to consult a Thai lawyer with real estate expertise, or just get over it. Do you plan on maintaining/cutting the weeds on that narrow strip of land thats now on his side of the wall? Most do not; out of sight-out of mind.... then the neighbor has to pick up the slack. This may explain his displeasure at your wall location.

[jbrain]

The neighbor may be planning on 'taking' the land on his side of the wall first via beneficial use, and then by use of an obscure land law that exists in many countries including the US - possibly in Thailand... I don't know. This is regardless of the legal property line location.

YOu may want to consult a Thai lawyer with real estate expertise, or just get over it. Do you plan on maintaining/cutting the weeds on that narrow strip of land thats now on his side of the wall? Most do not; out of sight-out of mind.... then the neighbor has to pick up the slack. This may explain his displeasure at your wall location.

I doubt the weeds are part of the issue as his land is just one large plot of waste, but I have also such afeeling that he gonna claim the land over time because I have let him use it for so many years.

His biggest problem probably is that if he builds of his own, he will have to build his own perimeter wall, whereas otherwise he could have used my wall as boundary.

Of course by law he would then have to compensate me for using that wall, but who compensates a foreigner in this country.

[Paul888]

I think the wall thing is his main issue, not helped by the fact that he knows foreigners can't own land, but you have managed to do it somehow. He may also genuinely think that your wall is the border and that you have no grounds to put any marker in his land. A Thai would normally build right on the line and probably wouldn't understand why you would not.

You have to find a way to communicate directly with him that the marker is the true edge of the land, you just chose to build your wall inside that line I would tell him it was so that he could put whatever style of wall he wanted his side without any clash or conflict.

You won't win a land border argument with a Thai by using law or logic.

[jbrain]

I think the wall thing is his main issue, not helped by the fact that he knows foreigners can't own land, but you have managed to do it somehow. He may also genuinely think that your wall is the border and that you have no grounds to put any marker in his land. A Thai would normally build right on the line and probably wouldn't understand why you would not.

You have to find a way to communicate directly with him that the marker is the true edge of the land, you just chose to build your wall inside that line I would tell him it was so that he could put whatever style of wall he wanted his side without any clash or conflict.

You won't win a land border argument with a Thai by using law or logic.

I not put any marker in the land, the Land Department does and they have an official seal pressed in the marker, and each time they do they sent every neighbour a registered letter to inform them which day and time that gonna happen.They are invited to come forward with their objections. So this neigbour has had this opportunity twice already.

By the way, at the other end of the wall is a similar marker but that one never gets removed or destroyed, for the simple reason that it also marks the land from the Thai owner from who I bought my land .

[impulse]

Does Thailand, in fact, have laws for adverse possession (squatting)?

In many US states, real estate is considered too valuable to remain unused, so if someone uses your land for a given period of time, and you don't take reasonable action to throw them out, they will retain the right to continue using that piece of land.

Multi million dollar court cases are convened every year to decide on such issues and what constitutes "taking reasonable action".

That's why they invented lawyers. I'm not a big lawyer fan, but they do serve a purpose. May be worth a few thousand baht to see what's up.

[jbrain]

Does Thailand, in fact, have laws for adverse possession (squatting)?

In many US states, real estate is considered too valuable to remain unused, so if someone uses your land for a given period of time, and you don't take reasonable action to throw them out, they will retain the right to continue using that piece of land.

Multi million dollar court cases are convened every year to decide on such issues and what constitutes "taking reasonable action".

That's why they invented lawyers. I'm not a big lawyer fan, but they do serve a purpose. May be worth a few thousand baht to see what's up.

I think Thailand has a similar law, hence the nummerous issues that arise by vendors using public land for many years and then can't be removed.

The 101 business at the seaside of Pattaya walikingstreet is a good example.

[AnotherOneAmerican]

You should read the OP and following posts again. I have no issues with my neighbour growing casava on that 20 cm of land that actually belongs to me.I also don't have an issue if he start building a structure on the boundary as that is his right.

If you allow him to grow on the 20cm of land with no rent or contract, after 10 years he can claim it as his and the land office will move the boundary.