Access to property

[Oolon Colluphid]

If you have a house built on your Thai wife's Mother's land and you've lived in it for more than 10 years, can the land owner build a wall and block access to your house?

If so, what are the options

1 Move out and hand over the keys

2 Remove the house

 

 

[cheeryble]

You have any paperwork in the form of any right to use the house or land?

 

 

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[Senechal]

When you say "owner".. do you mean your Thai wife's mother is building a wall and blocking you from getting to your house? 

 

But yeah.. it sounds like you have a problem if you have no legal right to cross the land.  Time to get a lawyer, I think. But this doesn't sound good.

 

Building a house on someone else's land is never a good idea.

Edited August 23, 2017 by Senechal

[SOUTHERNSTAR]

According to Thai law if a person have been allowed access over land for 10 or more years, such a person receives the right to continue to use the land for that purpose. You can take the land owner to court, but start with a meeting between you and the local chief. Ask him to intervene to prevent a court case if he is unwilling to intervene see a lawyer. Try to avoid a court case as it could last years and cost a packet. 

[dotpoom]

"Building a house on someone else's land is never a good idea."

    Methinks a bit of an obvious statement.

[cheeryble]

According to Thai law if a person have been allowed access over land for 10 or more years, such a person receives the right to continue to use the land for that purpose. You can take the land owner to court, but start with a meeting between you and the local chief. Ask him to intervene to prevent a court case if he is unwilling to intervene see a lawyer. Try to avoid a court case as it could last years and cost a packet. 

One wonders.......and doubts.......whether right of access includes the right to live there.



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[cheeryble]

"Building a house on someone else's land is never a good idea."
    Methinks a bit of an obvious statement.

I dunno......
I know a lot of cases where it's worked, and no doubt made the Thai half feel more secure after often putting a lot of years into a relationship


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[Oolon Colluphid]

1 hour ago, dotpoom said:

"Building a house on someone else's land is never a good idea."

    Methinks a bit of an obvious statement.

It's always someone else's land

[Oolon Colluphid]

2 hours ago, SOUTHERNSTAR said:

According to Thai law if a person have been allowed access over land for 10 or more years, such a person receives the right to continue to use the land for that purpose. You can take the land owner to court, but start with a meeting between you and the local chief. Ask him to intervene to prevent a court case if he is unwilling to intervene see a lawyer. Try to avoid a court case as it could last years and cost a packet. 

Thank you

[Oolon Colluphid]

2 hours ago, SOUTHERNSTAR said:

According to Thai law if a person have been allowed access over land for 10 or more years, such a person receives the right to continue to use the land for that purpose. You can take the land owner to court, but start with a meeting between you and the local chief. Ask him to intervene to prevent a court case if he is unwilling to intervene see a lawyer. Try to avoid a court case as it could last years and cost a packet. 

But a court case will put a delay in the wall?

Any potential buyers will be discouraged?

The people in question are 88 ish

[cheeryble]

One thing for sure they won't like defending a case or paying for that. Meaning maybe u can strike a deal.....like getting a 30 yr lease at a bargain rate or just pay a v low rent?..".....or right to live there for X years?

 

Is there some history here?

What do they have against you?

You split up with their daughter?

As Blind Lemon Jeffereon sang

"You done her wrong?"

 

 

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[robertson468]

1 hour ago, cheeryble said:

One thing for sure they won't like defending a case or paying for that. Meaning maybe u can strike a deal.....like getting a 30 yr lease at a bargain rate or just pay a v low rent?..".....or right to live there for X years?

 

Is there some history here?

What do they have against you?

You split up with their daughter?

As Blind Lemon Jeffereon sang

"You done her wrong?"

 

 

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Sorry to say, but your second guessing here and are not providing positive advice.  Southern Star's advice is spot on.  I have a Town House and an elderly Thai Gentleman tried to block our (and fourteen others and a small resort) right of way thereby preventing us reaching our property.  We did the negotiating bit quite a few times, but failed.  We involved the local Mayor and that failed.  In the end we and the others took him to Court.  He lost the case and we are now building a road in to the properties.  FACT!

[cheeryble]

Sorry to say, but your second guessing here and are not providing positive advice.  Southern Star's advice is spot on.  I have a Town House and an elderly Thai Gentleman tried to block our (and fourteen others and a small resort) right of way thereby preventing us reaching our property.  We did the negotiating bit quite a few times, but failed.  We involved the local Mayor and that failed.  In the end we and the others took him to Court.  He lost the case and we are now building a road in to the properties.  FACT!

You're right.....
I am in fact ......depending on lawyer advice...... commending he start a case. But if his case is thin he may be better to turn it into a deal after they know he means business.

I'm giving the OP the benefit of the doubt and trying to help but whi knows he might have history that deserves expulsion, in which case I'd hate to see a pair of old people be worried to death.

Congrats on winning your case and happy accessing!




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[SOUTHERNSTAR]

4 hours ago, cheeryble said:

One wonders.......and doubts.......whether right of access includes the right to live there.



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Yes it includes the right to live there. But the OP's problem was one of access.

[David B in Thailand]

I paid four thousand baht for a Bangkok lawyer to draft a specific easement for unlimited access on a private road for not only vehicles, but all current and future utilities. This gave access  starting on a Government road, down a private road to a plot of land in my wife's name. Water, sewer, telephone, internet, electricity and all sort of legal jargon on that document which was registered at the land office on the chanote of the road parcel. The heirs of the current land owner  and any subsequent buyers of the road were also taken into account. The land owner received no money for signing the easement document.  I gave in writing permission to that land owner to use the utility poles I paid to have installed on her private property. I have a larger diameter HDPE water pipe installed by the PWA running along side that private road and under the road at one point.  All was covered under the easement document. The OP might consider an easement document drafted by a lawyer with his interests at heart. 

[cheeryble]

.......... and all sort of legal jargon on that document which was registered at the land office on the chanote of the road parcel.

 

 

Hello David

 

I'm interested u say it was registered on the "road parcel".

Wife's mums parcel is similar to yours....it's the final lot.....and I note in searching her chanoot for an easement there's nothing about it on the back. But when I think about it it really only needs to be on the road parcels as there are secure copies of these at the LO.

Can you confirm that the easement is not registered on the back of YOUR deeds?.....in which case maybe the family hasn't screwed up.

 

ps what width and type of road was allowed?

 

 

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[funandsuninbangkok]

One word - helicopter 

[Oolon Colluphid]

8 hours ago, funandsuninbangkok said:

One word - helicopter 

That was the obvious first though but if I could afford a helecopter to take me shopping I could certainly pay off the landowner who wants to sell the small land where I park a car and gain access to the house.

For now it's not an option but we live in a multiverse so who knows what tomorrow may bring.

Edited August 25, 2017 by Oolon Colluphid
Typo

[David B in Thailand]

I will scan a copy of the land paper on Saturday and post it on this forum. 

[cheeryble]

I went to the LO today to ask about assured access.
They were efficient and helpful, and I was surprised to learn that the newly divided lots are recorded at the LO and the private access Soi is recorded as a separate chanoot in the names of all the owners it borders or gives access. I was assured it was safe and didn't push so far as to ask to see the rear of one of the chanoots to check if the easement was on it.


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