Servitude of easement

ALL people are hungry for justice which is not enough for everyone. Law is not equated to justice. Will we have to abide by the law without any objection” If you have the conception that all laws in your country are fair and you can abide by them, you should not raise any question about the draconian tax laws in your country. Please weigh if Thailand or your country is the lesser of two evils before deciding to barter your kingdom of heaven in Pattaya just for the cheap horse.

The chaos can take place everywhere in this planet which can be either the UK or Ireland or India or Thailand. However, Pattaya is always the asylum for everyone. We can be either pessimistic or optimistic to see that there is only half of water in a glass. It totally depends on your perception. There is a good news that many airline companies are interested to have their permanent office in U-Tapao for their international frights.

In Pattaya where many neighbors declare their legal battle to each other even for the vision of a sea view or access to the sea breeze. All foreigners should be educated about their rights and obligations before investing their hard earn money for their settlement in this land. Nobody can enjoy right without obligation. The metaphoric approach of Jesus to explain about the fairness and justice in the vineyard can be contemporary to the present situation in Thailand. Everyone must exercise his or her rights in good faith. Section 5.- of the Civil and Commercial Code of Thailand provides that every person must, in the exercise of his rights and in the performance of his obligations of the whereby the owner of property may, act in good faith.

To live in peace and harmony with neighbors, the owner of land may be subjected to the obligation or servitude of easement which is a right that a person or persons, not the owner, have in the property of another. The owner must respect such right and will. The easement we are going to talk is a right-of-way or the right to us the driveway or stairway.

The access easement allows one or more persons to travel across another”s land to get to a nearby location , such as a road.

The “Servitude of Easement” or “Para Jumyom” is defined in Section 1387.- of the Civil and Commercial Code of Thailand that an immovable property (land and building) may be subjected to a servitude of easement by virtue of which the owner of such property is bound, for the benefit of another immovable property, to suffer certain acts affecting or to refrain from exercising certain rights inherent in his ownership.

You should have your independent lawyer to check the title deed (chanod) of the piece of land you will buy to verify if the land is accessible to a public road. If you buy small plot of land from the owner who are not the licensed developer, you will have to ask the developer to register the servitude of easement (Para Jumyom) with the Land Office. With the registration, the owner of the land which the road is located cannot block the access or interrupt you.

The above scenario is the situation whereby you and the developer can find the amicable solution. But in case that you buy the land and find out after that your land has no access or “Ta Bod” which means the blind land and nobody want to give you the access, you may seek for the injunction of the Pattaya Court of Justice to order the owner of the land nearby to open the access for your driveway. The judicial power in Thailand is quite independent and free from chauvinism. There are many foreigners wining the case against Thai nationals. If you go to the court with your clean hands, you will be always protected by the law regardless your race and nationality.

The door of justice will open only for the one who knocks.