Rules of Easement - Both Parties

[chickens4me]

A couple of questions please.....

 

1.  What are the obligations of the neighbours using our driveway for access to their property?  (They have legal accessway through Land & Deed office).

2.  What are our obligations towards the neighbours using our driveway?

3.  Might their be any legal reason that we could not install a new gate across the entrance to our property at our gateway at the soi? (There is a pre-existing gate already, but for many years the neighbours fought the previous owners insisting they never close the gate so that they can have 24/7 access to the drive and thus their property.  Note: they have their own gate at the point of access to their property which they themselves close at night).

4.  Are there any legal rules to easements which would prevent the neighbours dogs from entering the driveway easement and our property and doing their "business" on our property.  Note: the easement is still legally our property.

5.  Same as question 4. above, but the problem is the other end of the drive at soi/gate entrance, and this time surrounding neighbours dogs have free access to poop and wander, due to question 3. - no gate.

 

All help gratefully appreciated.  Note: we are opposed to fencing off the shared driveway.  It is our property.  The neighbour would love nothing better than for us to "give" him this piece of land.

 

 

[blackcab]

I will answer your questions as best I can, however you need to understand that breach of any kind of obligation can only be finally remedied at Court. That is a long and expensive process. So we can talk about obligations, but really it all relies on common sense and finding a way to get along together.

 

1. They have the right of passage, not the right to occupy. That cannot park their vehicles or leave their buffalo to graze on the easement. They also shouldn't damage your property, for example bringing in a very heavy truck that cracks your con crete, etc.

 

2. You need to provide them access at all times. This does not mean you cannot close your gates, instead it means if you lock your gates then they need a key.

 

3. In cases like this, the best solution is often fitting electric gates and giving the neighbours a remote for each of their vehicles and the pin number to the keypad outside the gate (for pedestrian access/flat batteries in the remote). They can insist the gates are left open all they want, and you can smile and say they have access via the remotes/pin.

 

Generally speaking, however, if you let them know in advance about the gates and their method of access and explain the new gates will be hiso and increase the prestige of their property then you should be OK.

 

If not you don't have to give them the convenient remotes, just the pin. Up to them. 

 

4. Bit of a nightmare really. I'm sure there are rules about neighbour's dogs... and what are you going to do about it anyway? Best advice: Get a doberman and let him have free reign of your property. Then the scenario is switched and it will be your neighbours asking the question about what can they do about your dog. Which is not a lot really.

 

5. As duscussed, fit electric gates. Problem solved.

[chickens4me]

Thanks for your response.

 

We have already thought of putting in a remote gate....offered to buy remotes for the neighbours but unfortunately the neighbours have said no to this too.  Not sure if we can press the point?  He appears to think of the drive as "his".  The drive is clearly shown as ours on our Chanote.  He is farang, with a Thai wife, and they own the multi-million baht property behind us.

 

Love the idea about a dobermann....we do already have three dogs but are not keen on our own dogs wandering in the soi so we keep them in a large penned area behind our house.

 

Any other thoughts??

[blackcab]

15 hours ago, chickens4me said:

Thanks for your response.

 

We have already thought of putting in a remote gate....offered to buy remotes for the neighbours but unfortunately the neighbours have said no to this too.  Not sure if we can press the point?  He appears to think of the drive as "his".  The drive is clearly shown as ours on our Chanote.  He is farang, with a Thai wife, and they own the multi-million baht property behind us.

 

Love the idea about a dobermann....we do already have three dogs but are not keen on our own dogs wandering in the soi so we keep them in a large penned area behind our house.

 

Any other thoughts??

 

Yes. Put the electric gate in, give him the remotes and let him consider his options. If he doesn't like it he is free to take you to Court. 

 

The relevant law is found in section 1390 of the Civil and Commercial Code.

 

Section 1390 says that you cannot do anything that makes his access less convenient. The key point is you have an existing gate. By replacing the gate you are not making his access less convenient by adding a new burden.

 

Moving on, why would someone have a gate and not use it? How many Thai people leave their front gates permanently open? Not too many. Your neighbour closes his gates too, so he recognises gates can be closed.

 

If you didn't have a gate and then you added a gate, he might have a point. But even then, if he had remote control access he is fighting a very technical point, especially as Thai Courts try to find compromise.

 

Just make sure you have good quality CCTV on your new gate, and that it permanently records.

 

Put the Doberman on a long leash tethered to a stake in the ground. Calculate it so he can go right up to their gate but not out of your gate.

 

It won't take his dogs (or any stray dogs) long to learn to stay away.

 

Warning: If your neighbour is a fool he will go the Court route. Personally I would install the gate, but your appetite for risk may differ.

[chickens4me]

Thank you for your advice...certainly sounds like you know what you're talking about.  Will think about the risk of going to court before deciding.