Servitudes in Thailand. In Thailand, servitudes are legal rights that grant one property owner the ability to use another’s land for a specific purpose. Regulated under the Civil and Commercial Code of Thailand, servitudes are crucial for various real estate and land use scenarios, such as access to roads or shared utilities, and are particularly common in cases where properties do not have direct access to public infrastructure.
1. Definition and Types of Servitudes
Servitudes, known in Thai as “Siddhi See Chai,” refer to rights allowing a landowner (the dominant landowner) to use another property (the servient land) for specific purposes. Servitudes in Thailand generally fall under two categories:
- Positive Servitudes: Grant the dominant owner rights to access or use the servient property, such as constructing a pathway or driveway.
- Negative Servitudes: Impose restrictions on the servient land to protect the dominant property’s interests, such as prohibiting certain construction that might block sunlight or a view.
2. Creating Servitudes
Servitudes are created through mutual agreements between landowners or by law. In Thailand, a servitude agreement must be registered at the Land Department to be legally binding and enforceable. Key steps for establishing servitudes include:
- Drafting the Agreement: A written agreement between both landowners, specifying the exact rights and restrictions.
- Registration at the Land Department: Registration makes the servitude legally binding and ensures that the servitude is noted on both the servient and dominant properties’ title deeds.
- Registration Fees: Typically, registration involves fees, which are usually a small percentage of the land’s appraised value.
If unregistered, a servitude may be considered an informal agreement and might not hold legal weight in property disputes or transfers.
3. Common Examples of Servitudes in Thailand
Servitudes serve various practical purposes and are often implemented in rural and urban settings:
- Right of Way: A common servitude that allows the dominant property to access a public road through the servient property.
- Utility Access: Allows access to water pipelines, sewage, or electricity, ensuring infrastructure serves both properties.
- View Protection: Prohibits construction on the servient land that would obstruct a scenic view from the dominant property.
These servitudes provide essential rights, particularly in cases where property development might otherwise restrict access or disrupt neighboring properties.
4. Legal Requirements and Conditions
Thai law specifies conditions for valid servitudes:
- Purpose Specification: The servitude must clearly specify the purpose, such as access or view protection, to avoid disputes.
- Burden on the Servient Land: The servitude should not place an unreasonable burden on the servient land.
- Property Independence: Servitudes are connected to the land itself, not the landowner. Therefore, servitudes remain effective even if the property changes ownership.
Once created and registered, servitudes are often perpetual, although they may be terminated if both parties mutually agree to remove them.
5. Termination of Servitudes
Servitudes can be terminated under the following circumstances:
- Mutual Agreement: If both landowners agree, they may request to cancel the servitude registration.
- Legal Expiry: Some servitudes are granted for specific time periods and expire once the term concludes.
- Non-Use: If a servitude remains unused for a continuous period of 10 years, it may be terminated by law.
Upon termination, the servient landowner may request the removal of servitude rights from the title deed at the Land Department.
6. Disputes and Enforcement
In the event of disputes, Thai courts can enforce servitude agreements based on the Civil and Commercial Code. The court may interpret unclear terms in the servitude agreement, resolve boundary disputes, or enforce the servitude against a new property owner who is unaware of its existence due to improper registration.
Conclusion
Servitudes in Thailand are an important legal tool, allowing property owners to manage access, protect land use rights, and ensure fair use between neighboring properties. Clear agreements and proper registration with the Land Department ensure that servitudes are enforceable and protect the interests of both servient and dominant landowners.