Evidence shows sea gypsy land claims legit, developer's land titles issued unlawfully: DSI

[rooster59]

Evidence shows sea gypsy land claims legit, developer's land titles issued unlawfully: DSI

Eakkapop Thongtub



PHUKET: A senior official from the Department of Special Investigations (DSI) has insisted once again that land title documents presented by developers to claim disputed land in Rawai were not issued lawfully, and that sea gypsies’ claims to the land are legitimate.

Pol Lt Col Prawut Wongseenin, chief of the DSI's Bureau of Consumer Protection and Environment Crime, reiterated his office’s stance on the dispute at a press conference yesterday (Jan 29) held at the Channel 11 TV station in Phuket.

The DSI in July and October of 2014 had previously cited DNA and aerial photography evidence to legitimize sea gypsies’ claims to the disputed land (stories here and here).

However, since then developers had continued to “pick a bone” with sea gypsies over the land, the dispute returning abruptly to the public eye again when clashes erupted between the two factions this past week, prompting intervention from the local military and government.

It has been estimated that the sea gypsies involved in ongoing eviction disputes number about 2,000 residents in 300 households. Developers are looking to develop villas on plots of land which carry three Chanote land titles, previously upgraded from SorKor 1 titles.

Pol Lt Col Prawut yesterday (Jan 29) reiterated that evidence showed that three land title deeds had been illegally issued in the area where sea gypsies had lived for generations.

The land rights documents had been issued over 60 years ago but sea gypsies had lost legal disputes over the land because they did not have official evidence and did not know how to acquire it, he said.

Even the DSI had to seek help from experts in many fields, he added.

The dispute escalated this past week with clashes between the sea gypsies and workers attempting to clear the site for a property development. Defence Minister Prawit Wongsuwon on Friday ordered the army to step in to maintain order.

Full story: http://www.thephuketnews.com/evidence-shows-sea-gypsy-land-claims-legit-developer-land-titles-issued-unlawfully-dsi-56000.php

-- Phuket News 2016-01-30

[lovelomsak]

This is exactly the kind of news that needs to get out right now.Thailand needs some human rights good guys win stories and I hope this is one of them. Timing is everything.Let the gypsies win and get a big stamp of approval for human rights at a time when it is dearly needed.

[NamKangMan]

This is exactly the kind of news that needs to get out right now.Thailand needs some human rights good guys win stories and I hope this is one of them. Timing is everything.Let the gypsies win and get a big stamp of approval for human rights at a time when it is dearly needed.

Thailand needs honest, educated and hard working police, and a proper, independent, judicial system, with honest judges.

Providing the global media with a story of "a win" by the poor, or a minority, is just your typical Thailand smoke and mirror show, and is designed to create the illusion of a functional judicial system, when the reality is, it is completely corrupt and disfunctional.

[grumpyoldman]

Now, define the property that is Moken and issue proper paper to them to avoid this situation in the future.

To the developers/investors.......caveat emptor, and get lost.

[NCC1701A]

good news Thailand.

lets hope Pol Lt Col Prawut Wongseenin does not turn up in Australia with the other guy that was investigating human trafficking.

[steelepulse]

In another news story it was reported that one of the "owners" was the son of Bangkok Bank's chairman. No political pull or brown envelopes from his lot....none.

[stevenl]

This would also be an explanation why they decided for strong arm tactics and didnt wait for the outcome of the pending court case.

[iReason]

"A senior official from the Department of Special Investigations (DSI) has insisted once again that land title documents presented by developers to claim disputed land in Rawai were not issued lawfully, and that sea gypsies’ claims to the land are legitimate."

Excellent news.

Unleash the Moken!

Now, investigate the thugs and those who hired them, and charge them for their conspiracy and violence.

[Tywais]

Under Thai law, squatters who occupied another person's land without permission can eventually claim ownership of the said land parcels if the land's rightful owner was not able to evict them in a certain period of time. A Chanote title deed gives land owners 10 years to evict the squatters from their land before they lose their ownership.

Siam Legal

Thailand adopts this concept in Section 1382. – Of the Civil and Commercial Code:-
“Where a person has, for an interrupted period of ten years in case of an immovable property, or five years in case of movable property, peacefully and openly possessed a property belonging to another, with the intention to be its owner, has acquired the ownership of it”

Squatter's Rights

Adverse possession occurs when a third party acquires the title to a legal owner’s real property without the legal owner receiving any compensation or engaging in any contract. The third party acquires ownership rights by holding the property for a specific period of time, in a manner that conflicts with the original owner’s rights. This common-law concept of obtaining ownership through possession, known in ancient Roman law as “usucapio,” has found its way into the laws of many civil-law countries, including Thailand’s Civil and Commercial Code (CCC).

Tilleke & Gibbons Law Firm

[LivinginKata]

Thank goodness there is an honest policeman in Thailand - hard to believe but here is the proof.

[dageurreotype]

Whilst I wish the Sea Gypsies well, having taken a walk through their market for the first time in two years, I couldn't believe what a dump it's become. Hawkers bothering you every step of the way. Trinket shops now completely taken over/displaced fish/veg vendors. That little string of charming restaurants GONE and now set up as individual entities both sides blocking ANY view of the sea. S'pose better than yet another overpriced palace for the privileged though. Won't be going back.

[NamKangMan]

Thank goodness there is an honest policeman in Thailand - hard to believe but here is the proof.

Unfortunately, this "honest policeman" can be "transferred to an inactive post" should those higher up be paid off.

[LivinginKata]

Thank goodness there is an honest policeman in Thailand - hard to believe but here is the proof.

Unfortunately, this "honest policeman" can be "transferred to an inactive post" should those higher up be paid off.

Yes, quite right NKM. Let's hope he has some very high political backing.

[NamKangMan]

"It has been estimated that the sea gypsies involved in ongoing eviction disputes number about 2,000 residents" - 2000 displaced and angry people can certainly cause some "damage."

Maybe a little bit of "the deep south" on Phuket. If you know what I mean.

[Dap]

Really nice to read the Sea Gypsies getting legal support from

the proper agencies. Good for them and lets hope the courts

don't cave in.

[Oziex1]

I hope for the best but in the land of back flips, it aint over yet.

[madpat]

Dont want to say I told you so but if you look at my post yesterday I compared this to the case that was reported yesterday here about the geeezer getting 2years for illegally pulling down bars in Bangkok.

Hope all the swine that were involved in this latest land grab get prosecuted and compensation.

Good old officialdom shoots Thailand in the foot again

[Ulic]

A long way to go before this is settled.

[Basil B]

One would assume that that corrupt officials were bribed by the current holders of the land title deeds.

I will take a lot of paper shredding to hide the paper trail on this one, time some of those corrupt officials are hung out to dry...

[Jimi007]

A long way to go before this is settled.

I'm afraid you're right. The DSI presented it's finding to the courts quite some time ago. The Sea Gypsies may win by default as the Chanote was issued in 2015 and they have squatted on their own land for over 10 years now. And a Chanote from a "flying Sor Kor 1" title is always fishy around Phuket. I wonder why there are big hotels in the National Park?

[bearpolar]

but next week the DSI guy is sent to inactive post, says he was drunk and didnt see the pictures correctly and its over

Edited January 30, 2016 by bearpolar

[rethaier]

Wow, I am impressed right won over might for a change. I really expected these little guys to lose to the elite money man.

[teambum]

Under Thai law, squatters who occupied another person's land without permission can eventually claim ownership of the said land parcels if the land's rightful owner was not able to evict them in a certain period of time. A Chanote title deed gives land owners 10 years to evict the squatters from their land before they lose their ownership.

Siam Legal

Thailand adopts this concept in Section 1382. – Of the Civil and Commercial Code:-

“Where a person has, for an interrupted period of ten years in case of an immovable property, or five years in case of movable property, peacefully and openly possessed a property belonging to another, with the intention to be its owner, has acquired the ownership of it”

Squatter's Rights

Adverse possession occurs when a third party acquires the title to a legal owner’s real property without the legal owner receiving any compensation or engaging in any contract. The third party acquires ownership rights by holding the property for a specific period of time, in a manner that conflicts with the original owner’s rights. This common-law concept of obtaining ownership through possession, known in ancient Roman law as “usucapio,” has found its way into the laws of many civil-law countries, including Thailand’s Civil and Commercial Code (CCC).

Tilleke & Gibbons Law Firm

I believe it is 7 years in England. I was hired to go and dig some land to qualify it as being improved.

[lvr181]

This would also be an explanation why they decided for strong arm tactics and didnt wait for the outcome of the pending court case.

Give the land back to the sea gypsies and let the developer go to court to claim compensation from those who "illegally" sold the land to them.

And if the signatory/signatories to the unlawful issued land titles are still alive, they be should be punished by the courts. At least name and shame.

[kiwikeith]

Now, define the property that is Moken and issue proper paper to them to avoid this situation in the future.

To the developers/investors.......caveat emptor, and get lost.

A lot of faces to be lost, where will they start? a refund of money to whom??? , retraction of letters from the army???? toil and trouble, let the cauldrin bubble

[khundon]

It ain't over, till the fat lady sings.

I don't hear her singing yet.