Roads in Chiang Mai Housing Developments

[Mekong Bob]

A friend and Thai wife are looking to buy land and build a house, and are concerned that the roads leading into the development, and the interior streets/roads within the development. These are private, not public roads. Furthermore, these private roads were graded and paved some years ago by the first 4-5 landowners at their own expense, and these roads are considered by some to be "owned" by these resident landowners. I have not seen any land deeds ("chanot"), but I'm sure none include a portion of any road as part of registered property.

The remaining plots of land for sale are individually-owned, and there is no "sales office" or corporate entity which oversees the sale of these lands.

Can the District Land Registration Office determine if these roads are "owned" by someone?

[2020]

I have a foggy memory from a few years ago when I was advised that if the roads are not marked on a chanote title, they do not legally exist.

If somebody can verify or advise otherwise, please feel free.

[Dante99]

Get a copy of the Chanote for the piece of land you are interested in buying and take it to the land office to inquire about the ownership of the road adjacent to that land and the others nearby, ones you would use for access.

Land developments sometimes end up with strange road ownership and you are wise to check it out. I know one where some roads are owned by the home owner's association, some others by the original developer and others by third parties or at least with significant third party rights for use.

It can develop into an issue as there are cases in Thailand where the road owner has decided to allow thru traffic, public traffic...much to the disappointment of land owners who thought they were in a closed community development. Unlikely that access can be denied but sometimes there are legal fights over it. It is more likely that the road that was thought for residents only to be opened to others.

The best situation is for the roads to be owned by the homeowners association because they tend to act in the best interests of the homeowners. Can not trust it if the developer or a third party owns them.

There is most probably and entity that maintains, lights the roads and perhaps provides security which would guide you to the ownership but confirming with the land office is best.

Edited January 11, 2014 by Dante99

[Mapguy]

Good question, OP, and maybe not an day one to answer. As Dante99 points out, you will need to go to the appropriate local authorities, and that probably will include more than the land office, if you ever want to consider public governmental maintenance. The question od easements is a whole different problem that may or may not be germaine. You will probably end up needing some legal advice on all this.

By the way, there are also "private roads" in some places (for example, when a developer extends a paved road where one did not exist before) that are not part of any developments, as popularly known, and not the responsibility of the local government to maintain unless and until such roads are accepted by the local authority for maintenance.

Edited January 11, 2014 by Mapguy

[Oscar2]

my wife owns properties as well as the sois that they are located on (separate Chanotes). she had to buy the sois because there was one case in the area of her lots where one homeowner wasn't allowed access to their property unless they paid the owner of the soi. that resulted in a court case that the plaintiff lost. after she bought the sois she had to sign a document within 6 months, giving the government the right to use the sois to put telephone and electric poles, and access them any time they want and for whatever reason, for the life of the property.

[wolf5370]

my wife owns properties as well as the sois that they are located on (separate Chanotes). she had to buy the sois because there was one case in the area of her lots where one homeowner wasn't allowed access to their property unless they paid the owner of the soi. that resulted in a court case that the plaintiff lost. after she bought the sois she had to sign a document within 6 months, giving the government the right to use the sois to put telephone and electric poles, and access them any time they want and for whatever reason, for the life of the property.

We had something similar, but perhaps the opposite timeline. We had land, about 27 rai, that the government (local) wanted to build a road through (actually just clipping the corner, cutting of about 1 rai one side. The road was two lane (1 each direction). We gifted the road area to the local government and they maintained it from then - and sorted out the one deed into three (one being theirs and one for each side). It was actually good for the land as it was a good surface dual lane road lower than the land with drainage - which had the effect of lowering the land's water table (run off) and making better building land. We never built on it, but is worth much more with the road than without

[Mekong Bob]

Thank you for the excellent advice!