Owners of abandoned Phuket resort refuse to give way

[Lite Beer]

Owners of abandoned Phuket resort refuse to give way
Phuket Gazette -

PHUKET: Owners of an abandoned resort in the foothills of Patong have refused to take down part of their structure to re-open access to the land behind it.

The land in question, valued at 40 million baht per rai because of its panoramic view of Patong, cannot be developed without access, said landowner Utaiwan Van-Zandt, who has been fighting to re-open a pathway since 2009, when the resort was built.

There is no doubt that landowners are owed access to their property, said Kathu District Chief Sayan Chanachaiwong when he inspected The Crest Phuket resort on December 12 (story here).

“The pathway across the resort land was marked on the Chanote issued by the Land Office to the resort owners. This proves that the pathway was there before the owners built the resort,” Mr Sayan explained.

“That means, by law, the resort owners must continue to provide access across their property for the people who own land behind it,” he said.

Kathu District officers had issued an order to the owners to give way once before, on September 7. However, as they were unable to determine where to send the order, they simply posted it at the entrance to the resort.

At some point after the December inspection, officials received a response from the Crest owners.

“They wrote that they are acting within their legal rights and insisted they would not remove any structures,” said Chief Administrative Officer (Palad) of the Kathu District Office, Sukanda Huangrattanakorn.

“They are in the wrong. The Chanote shows that a portico on one building and a wall are blocking the public pathway. By refusing to remove these, they are making the land behind the resort essentially worthless.”

At the inspection in December, Vice Governor Somkiat Sangkhaosutthirak promised results within three months.

“I thought that the story had disappeared. It’s already been two months since the inspection,” said Ms Utaiwan.

Kathu officials explained that the case was moving slowly because their office has been closed by protesters.

“We have the option of taking the case to court right now,” said Ms Sukanda, “but that would be very time consuming. Negotiating could be faster, and I hope to have all parties at the table sometime this month.”

However, if the three-month period given by V/Gov Somkiat expires and the owners still refuse to negotiate, “We will sue them,” she said.

Source: http://www.phuketgazette.net/phuket_news/2014/Owners-of-abandoned-Phuket-resort-refuse-to-give-way-24551.html

-- Phuket Gazette 2014-02-09

[somchaismith]

“I thought that the story had disappeared. It’s already been two months since the inspection,” said Ms Utaiwan.

Typical. This time the farangs are still here.

[clockman]

This is a lawless, and ungovernel country!

[stevenl]

“I thought that the story had disappeared. It’s already been two months since the inspection,” said Ms Utaiwan.

Typical. This time the farangs are still here.

What makes you conclude there are westerners involved?

[davejones]

This is a lawless, and ungovernel country!

How? There is a disagreement that will most likely end up in court. What is lawless about that. Disputes liek this happen in most countries. I suspect they are most prevalent in countries like UK and USA. For sure there are lots of cases like this in the UK.

So clockman is talking a load of BS.

[johnthompson]

Utaiwan Van-Zandt

Sounds like a very Thai name. Isn't it illegal to receive funds from a foreigner to buy land here?

[MaiChai]

This is a lawless, and ungovernel country!

You just figured that out? Its been like this for a long time. Dont invest more than you can afford to loose. The house always wins.

[somchaismith]

“I thought that the story had disappeared. It’s already been two months since the inspection,” said Ms Utaiwan.

Typical. This time the farangs are still here.

What makes you conclude there are westerners involved?

Mostly by their reaction, but on a second look I see a foreign surname:

Van-Zandt

Edited February 9, 2014 by somchaismith

[JesseFrank]

“We have the option of taking the case to court right now,” said Ms Sukanda, “but that would be very time consuming. Negotiating could be faster,

An excavator is the fastest solution. Ooops, Solly.

[stevenl]

“I thought that the story had disappeared. It’s already been two months since the inspection,” said Ms Utaiwan.

Typical. This time the farangs are still here.

What makes you conclude there are westerners involved?

Mostly by their reaction, but on a second look I see a foreign surname:

Van-Zandt

Want to bet about nationality? My money is on thai.

Sent from my D90W using Thaivisa Connect Thailand mobile app

[robertthebruce]

Stubborn crosses my mind

[saakura]

Utaiwan Van-Zandt

Sounds like a very Thai name. Isn't it illegal to receive funds from a foreigner to buy land here?

Not necessarily his funds. I know a thai girl here in bangkok and her family land holdings could be valued at hundreds of millions. Her american husband is working for a company here. He is educated and earns well, but just a small fraction of her wealth, she works too.

[klfopera]

The owner of the land whose access has been blocked, Utaiwan Van-Zandt, is a Thai citizen. There is nothing in the info provided to suggest that the owners of the Crest site are farangs.

[Benmart]

We have the option of taking the case to court right now, said Ms Sukanda, but that would be very time consuming. Negotiating could be faster,

An excavator is the fastest solution. Ooops, Solly.

"Solly"? Droll, very droll.

[falkan]

“I thought that the story had disappeared. It’s already been two months since the inspection,” said Ms Utaiwan.

Typical. This time the farangs are still here.

What makes you conclude there are westerners involved?

her huspand is falang can you see the connection?

[Shot]

This is a lawless, and ungovernel country!

You just figured that out? Its been like this for a long time. Dont invest more than you can afford to loose. The house always wins.

"Dont invest more than you can afford to loose."

Good advise in any country or situation.

[LivinginKata]

troll posts removed

[VINCENT2012]

40 million baht per rai because of its panoramic view of Patong ..!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

i should have bought a few rai there

[Phuketboy]

As the owner of a large construction company overseas and 20 years as a qualified builder an land developer, if the access is on the original plan then there is nothing to negotiate. Either allow access or simply make access. There is nothing they can legally do to stop this if the access was suppose to be there in the first place. Stop wasting time, get the machines in and start development. Then let the owners of Crest try and take the developer to court, which they will loose especially if they have blocked access which they weren't suppose to.

Edited February 9, 2014 by Phuketboy

[falkan]

As the owner of a large construction company overseas and 20 years as a qualified builder an land developer, if the access is on the original plan then there is nothing to negotiate. Either allow access or simply make access. There is nothing they can legally do to stop this if the access was suppose to be there in the first place. Stop wasting time, get the machines in and start development. Then let the owners of Crest try and take the developer to court, which they will loose especially if they have blocked access which they weren't suppose to.

C'mon Son! you comparing your large construction company overseas with this incident? doesn't sound like you been living in thailand very long..money talks here..

Edited February 9, 2014 by falkan

[Skint]

“I thought that the story had disappeared. It’s already been two months since the inspection,” said Ms Utaiwan.

Typical. This time the farangs are still here.

What makes you conclude there are westerners involved?

her huspand is falang can you see the connection?

Lol got there in the end! She is Thai and married to a farang.

Sent from my iPhone using Thaivisa Connect Thailand

[bangarang]

Utaiwan Van-Zandt

Sounds like a very Thai name. Isn't it illegal to receive funds from a foreigner to buy land here?

My daughter uses my american surname, I wouldnt always assume there are shifty things going on. But then again in this case its 50/50 being that its Patong.

[kinmaew]

Ahh, the pleasures of investing your life savings in Thai real estate with no council approvals, standards etc. "Land Owners"? = 100% Thai

[NamKangMan]

Utaiwan Van-Zandt

Sounds like a very Thai name. Isn't it illegal to receive funds from a foreigner to buy land here?

It depends which half of the person received the funds - the Thai half, or the farang half. :)

[NamKangMan]

Ahh, the pleasures of investing your life savings in Thai real estate with no council approvals, standards etc. "Land Owners"? = 100% Thai

"Land Owners"? = 100% Thai" ........ "land Victims = 100% foreigners."

[Phuketboy]

As the owner of a large construction company overseas and 20 years as a qualified builder an land developer, if the access is on the original plan then there is nothing to negotiate. Either allow access or simply make access. There is nothing they can legally do to stop this if the access was suppose to be there in the first place. Stop wasting time, get the machines in and start development. Then let the owners of Crest try and take the developer to court, which they will loose especially if they have blocked access which they weren't suppose to.

C'mon Son! you comparing your large construction company overseas with this incident? doesn't sound like you been living in thailand very long..money talks here..

Have been living here quite some time, I definitely know money talks in the land of smiles, however it would seem as the Crest resort has been sitting there empty and uncompleted for quite some time, I would only imagine they either don't have the funds to complete or have gone bust.

[chrisinth]

Quote

Quote

As the owner of a large construction company overseas and 20 years as a qualified builder an land developer, if the access is on the original plan then there is nothing to negotiate. Either allow access or simply make access. There is nothing they can legally do to stop this if the access was suppose to be there in the first place. Stop wasting time, get the machines in and start development. Then let the owners of Crest try and take the developer to court, which they will loose especially if they have blocked access which they weren't suppose to.

C'mon Son! you comparing your large construction company overseas with this incident? doesn't sound like you been living in thailand very long..money talks here..

I reckon that between the owners of the abandoned resort and the owners of the '40 million baht' a rai land, there is money on both sides of the table.

The advice was to reclaim the roadway (by all accounts legal) and turn the tables on who is bringing who to court.

Seems good advice to me.......................