Relinquish Servitude

[kirkieb]

If Servitude is awarded in the Courts to a Village can it be relinquished for a fee if appropriate.

Situation has a third party owning property that was never included as Common Land and yet many years of using has provided that land the right to Servitude.

Can it be relinquished

Is there any laws outlining this?

What sort of compensation could someone expect to pay the owners with servitude rights by the owner who cant sell the property unless they do relinquish servitude.?

Any thoughts and facts would be greatly appreciated.

[ballbreaker]

Suggest you read Book 4 Sections 1387 through 1401, which covers Servitudes, of Commercial and Civil Code of Thailand.

[kirkieb]

Cheers Ballbreaker

Not clear after reading if it can be relinquished for a fee seems a little grey

[kirkieb]

Section 1393. Unless otherwise provided in the act creating it, a servitude follows the dominant property when the latter is disposed of or made subject to other rights.

A servitude cannot be disposed of or made subject to other rights apart from the dominant property.

Seems to reflect the answer is No. ?

[kirkieb]

Having re read S1400 again it seems a little clearer. Is there a guide or schedule in the Code on where levels of compensation can be referenced