Right of Way Law Suit through our property

[appleman_thai]

Hi

I own a condo unit south of Bangkok.

A few years back, someone bought the land adjacent to our condo building ( repossessed land from a Finance Company).

It was landlocked and the only access to the land is through our condo land.

They have brought a law suit for right of way access against the condominium co-owners who have voted to refuse the right of way.

What's the Thai Law like in these cases?

I've read conflicting views but I am more interested in the Thai Law and example cases.

I hope someone can provide some useful information.

Thanks in advance.

[Crossy]

This may be better in Ask The Lawyer, but let's see what comes up here first.

It is my understanding that you cannot prevent access to land if there is no alternative access route available, what does your lawyer say?

[appleman_thai]

Thanks for reply.

I was just elected to the committee and am gathering information.

As yet, I haven't been able to find out what our lawyer thinks. Or even who our lawyer is!

Early days...

[RKASA]

They have a right if the lot was once part of the larger and short platted, check the land office files and see which property in comes out of.

This must be the case for it to have become landlocked - one or several of the adjacent lots is at fault of easement does not mean it is your fault.

The fact that they have asked then sued means they may have already done that homework or assume because it looks to be the easy way they want it that way.

You say the only in and out but are there other lots and what is that history? It may just be it looks like the easiest way, but not really the right way. The fault could be with a building put up on the other land that the land came from in the first place - then they have to deal with it and it is not your problem because they built on the land in front of their old piece they sold off - they landlocked it not you - or maybe your property is at fault in the past - you have to look.

Most places a short plat will not be approved without the easement concerns plotted and recorded. The land did not grow there by itself - it came out of some other piece - maybe yours - in which case you have a problem.

[appleman_thai]

Great reply. Many thanks. Very helpful. I'm still finding out new information by the day.