Servitudes in Thailand. When buying property in Thailand, one crucial aspect to investigate is the presence of any servitudes. These, also known as easements in common law countries, are legal rights attached to land that benefit one property (dominant property) at the expense of another (servient property). A thorough understanding of servitudes can help ensure you’re making an informed decision about your Thai property purchase.
The Basics of Servitudes in Thailand
Thai law governs servitudes through Sections 1387 to 1401 of the Civil and Commercial Code. In essence, a servitude creates a burden on one property for the benefit of another. This can involve various situations, such as:
- Right of Way: This grants access across a neighboring property to reach a public road.
- Utility Lines: Power lines or water pipes crossing your land might be established through a servitude.
- Drainage: A neighboring property might have a servitude allowing drainage of water through yours.
Impact of Servitudes
The presence of a servitude can affect the value and usability of your property. For instance, a right of way through your land might limit privacy or restrict future development plans. On the other hand, if your property is landlocked, a right of way across a neighbor’s land becomes crucial for access.
How to Find Out About Servitudes
A crucial step before finalizing a property purchase is conducting a due diligence report. This report, prepared by a lawyer, will examine the property title deed to identify any registered servitudes. An experienced lawyer can also advise on the potential implications of these servitudes and explore negotiation options if necessary.
Creating or Modifying Servitudes
Servitudes can be established through agreements between landowners, registered with the Land Department. In some cases, servitudes may arise through prescription, where a certain use has been exercised for an extended period. Modifying existing servitudes typically requires consent from both landowners and registration with the Land Department.
Conclusion
Understanding servitudes is essential for making informed decisions when buying property in Thailand. By conducting a thorough due diligence process and consulting with a lawyer, you can ensure you’re aware of any potential limitations or benefits associated with servitudes on your chosen property.