Failure by Government Department

[kirkieb]

I love Thailand and have made it my home. I live in a Village that has been thwarted by a unscrupulous Developer that has dragged out the process of Transferring the Village to the Owners for more than 18 years.  This Developer has not only failed to assist in maintenance but has sold property believed to be Common Land including the Clubhouse and Swimming Pool forcing the Village to spend 100's of thousands of baht fighting for Servitude Rights.

Recently our Village obtained the Services of a Lawyer who has worked tirelessly to help our Village achieve something that has never happened in our history.  A Majority Vote in favour of Forming our own "Juristic Association" (Home Owners Group) in accordance with Thai Law.

Our Village has over 70% Thai Nationals owning property in our 161 property Village.

We all followed the Land Office Guidelines for the passed 12 months and now we have hit a snag that has repeated itself several times over the Village History.

That problem is the land Office now refuse to assist us any further and have claimed we are too hard to fix.

 

My question is this
'How does a Government Department, a role they claim on their web site to be

Powers and Duties of Department of Lands are as follows:

1. 1. Performing duties under the Land Code and Laws on Land Development, Condominium, Private Surveyor and Hiring of Immovable Property for Commercial and Industry Purpose and other related Laws.
   2. Performing duties in connection with legal affairs aspect under the Land Code and Laws on Land development, Condominium, Private Surveyor and Hiring of Immovable Property for Commercial and Industry Purpose and other related Laws.
   3. Formulating and coordinating Department of Lands’ plan in accordance with the government and ministry policies. Supervising, accelerating, monitoring and evaluating the performance of the affiliated bureaus, divisions and land offices within the Department and also implementing in the area of statistic, data processing and analyzing and evaluating any situation which related to Department of Lands functions.
   4. Developing systems, patterns and procedures concerned with land administration according to principles and procedures of Good Governance Programme.
   5. Managing land information system.
   6. Performing other activities which are duties of Department of Lands as prescribed by law or designated by Minister or Cabinet.

 Advise our legal representative that they are not willing to help in the transfer of the Village to the Owners because its too hard.  Also refusing to provide any documentation to support this to us.

Is the Big C involved again or is there something more sinister happening.

Love input from everyone as I am at my wits end trying to understand how an unscrupulous Developer who by all accounts can continue to trade with so many legitimate claims against them for breaches of contracts.

This Developer knows its a criminal offence not to supply a Sinking Fund and this same Developer has used those funds for various other projects and all with the knowledge of the Government Department who we have provided records to investigate.
Initially we were given support but now as the screws start to turn the pressure on Officials seems more important than the Mandate of the Office.

 

 

[KittenKong]

I have a very poor opinion of my local land office. To my certain knowledge they colluded with a condo management company to completely disregard the law.

[blackcab]

Find out who the top guy is at that land office is. There is usually a chart on the wall somewhere.

 

Step 1: Get the lawyer to write him a registered letter voicing the complaint. Clearly state what you expect to happen and the deadline. State that if the deadline passes and your requirements are unfulfilled your Assosciation will take him to Administrative Court.

 

Step 2: If nothing happens, take the guy in charge to Administrative Court.

[kirkieb]

Good advise Blackcab, we have been dealing with top guy this year after last years top guy was relocated or retired. In the beginning top guy was very enthusiastic to assist but as we progressed through the requirements we received less and less response.  Will suggest your idea to our lawyer am first to believe in using the system we have and have followed it to the letter so far.  Will see where this goes cheers

 

[kirkieb]

Good advise Blackcab, we have been dealing with top guy this year after last years top guy was relocated or retired. In the beginning top guy was very enthusiastic to assist but as we progressed through the requirements we received less and less response.  Will suggest your idea to our lawyer am first to believe in using the system we have and have followed it to the letter so far.  Will see where this goes cheers