Land access rights

[kannot]

We have a dispute with a neighbour who owns a piece of landlocked land ie no direct road access.

I know there are laws allowing him access to this land but specifically does this mean "foot" access or " vehicular" access or both?

Ie if we grant access can we make it "foot" access only?

Land in question has "no papers" although our land is Nor Sor Sam Gor

Also if he does have other access points even if more tortuous can we force him to use these rather than our easy way up road on or land.

We are speaking with our lawyer but were looking for other input ideas.

The story is long and involves many lies and deceit with the neighbour and real estate agent who together conspired to steal land when we purchased 5 years ago in the hope of selling it later with our road as access, its a 5 rai area of theft.

How it occurred was when we bought we met the agent and owner up the hill who showed us the boundaries of the non nor sor sam gor land.

The owner of our land was selling as he needed the money for hospital bills and was unable to attend due to his health and as its "no papers" only local knowledge knows boundaries.

The agent and neighbour then conspired between them to move the boundary down to steal a 5 rai chunk to sell later.

On the day of buying they put markers in the ground to show the boundary and we accepted their word as no other way to check, the adjoining neighbour and head of village did not come.

However some years later the neighbour up the hill accused us of blocking "his" access road. He said the road was "his" he owned it

After we bought the land we went to see the owner and he told us and signed a paper saying the road was wholly owned by us on our land and that the neighbour who used to rent our land off him came and asked him if he could put the road in.

The neighbour does not know ( yet) we have this paper.

Anyway upshot is we denied access, at which point the neighbour up the hill told us that when we bought the land they "had moved the boundary down and that it was the agents idea to make some money by deceiving us and that he would give us back the land if we let him have access"

Other neighbours have since told us the same man has stolen land off them and they have all denied him access, we are his last way up.

We now will see the head of village and the neighbours to see what will happen.

Edited March 3, 2014 by kannot

[bob4you]

Interesting story, keep us informed.

[inzman]

Trials and tribulations of living in this third world lawless country. Don't spend any more than you can afford to loose, no rules no laws. Only thieves and mercenaries.

[kannot]

Yes Ill keep you updated, already the estate agent who sold us the land has now said he's "busy" on that day and cant come, so thats our neighbours "star witness" on the run, running scared we reckon .

We have hired a lawye for the day to make it look pretty godamn legal and formal, just to show we mean business but we wont waste time going to court its just for "show"

Seems like so far the other side is faltering???

We also found out that the "agent" rented the land off the owner previously to the other neighbour up the hill so he knew exactly the boundaries, knew the owner would not be there, knew we were from not round there so couldnt know any boundary positions and knew there was no way to check unless someone from round there told us.

Edited March 5, 2014 by kannot

[kannot]

Heres the update, today 4 adjoining neighbours and the man who stole the land all came with the head of the village and two policemen, after several hours discussing it the head of the village said we were correct backed up by the 4 neighbours who had all had land stolen by the same man, the neighbour up the hill was still behaving like a 5 year old saying he would give the land to the temple or back to the government.

He has 11 rai of mangoes up there and 5 rai stolen from us total 16 rai

In the end to get rid of him forever we told him "ok" how about we will buy ALL the land from you.

This is what we did 200k for the lot. This solves all the problems we have had and the other neighbours are all relieved this guy is now history.

He is disliked by everyone in the village,we left him and his family then arguing over who gets what of the 200k.....hilarious, they even lie and cheat amongst themselves.

They have no friends in this village.

Head of village was very fair and his daughter was hilarious as she spoke good English and we were having a good chinwag about it all.

The lawyer we spoke to was a complete waste of time, didnt tell us anything we didnt know and wanted to send an office girl here to deal with this who when she called us said she had NO experience of this work at all.

[kannot]

And the update,today went to meet the neighbour and.............YES he had changed his mind, the Policeman was livid as yesterday this droned on for 5 hours yesterday, Head of Village, 2 policeman and 4 neighbours + the owner all agreed.

Lying little shit is what he is and now the proof for everyone to see.

Access to his land now denied, he has no access, also signs put up saying land disputed and no road access.

[bkkbill]

^

Probably your best move, even in Thailand possession is 9/10ths of the law.

Here is LAW TEXT LAND CODE ACT 1954 (UP TO 2008 AMENDMENTS) English translations from Samui Law.

http://www.samuiforsale.com/law-texts/l ... 954.html#6