Squatter’s Rights

LORD Buddha taught us that our misery comes from the possession. The nirvana is in the state of emptiness where there is no possession. He perhaps pointed at the birds flying in the sky and asked you the simple question “Who feed them”

The above metaphoric approach always enlightens us to live with prudence to think about your mind which is the greatest asset to reach the state of happiness. The kingdom of heaven or state of nirvana can be in the city surrounded by the devil and deep blue sea like Pattaya.

The possession of property of many foreigners in Pattaya is mainly for their family. It is different from other high profile resorts where the possession is for the conspicuous consumption. It is the reason why Pattaya is not really affected by the world credit crunch.

Even the Land Code of Thailand imposes the restriction that foreigners cannot have the ownership of freehold right of the land. However, the possession right is separated from the ownership. Some foreigners put the ownership under the name of their wife which sometimes is not spouse. These foreigners just want to have the involvement as a leverage that their wife will not easily go to a casino in Cambodia and sell the property for a cheap price.

Many foreigners lose the ownership of their property once they are blind by love not by the law. The squatter’s rights in this article are the right of a third party to acquire title to real property by adverse possession, or by prescription of public lands.

The concept of adverse possession in the common law countries is the process by which title to another”s real property is acquired without compensation, by holding the property in a manner that conflicts with the true owner”s rights for a specific period

Thailand adopts this concept in Section 1382. – Of the Civil and Commercial Code:-
“Where a person has, for an interrupted period of ten years in case of an immovable property, or five years in case of movable property, peacefully and openly possessed a property belonging to another, with the intention to be its owner, has acquired the ownership of it”

In this article, we are going to talk only about the land and building which are collectively called the immovable or real property. The factors that a third party can acquire the ownership of the real property belonging to another person by the adverse possession for a period of ten years are:-

1) The third party enters into the real property with the manner of possession not as the lessee or dependent.

2) The ownership of the real property must belong to another person with the title document, i.e., a land title deed (Cha Nod). The third party must openly and peacefully possess the real property not by using force or intimidation.

3) The third party must openly possess the real property with the intention to be its owner.
The prescription period of ten years to acquire the ownership by the adverse possession under Section 1382 of the Civil and Commercial Code is applied only to the land with the title document which is a land title deed or “Chanod”. In case of other documents which are called the “Bare Hand Land” or “Tee Din Mua Plao”, the period of acquire the ownership by a third party can be even only one year under Section 1375 of the Civil and Commercial Code.:-

“Where a possessor is unlawfully deprived of possession, he is entitled to have it returned, unless the other party has over the property by a better right which would entitle him to claim its back from the possessor.
An action for the recovery of possession must be entered within one year from the time of dispossession”
Many foreigners may say that Thai law is too complicated and not fair to them. We just want you to be legal minded to use your wisdom to seek justice in this country. The details of the case and surrounding circumstances should be individually studied by the qualified Thai lawyer who always hand their real professional license on the wall.

To solve all legal problems, you will have to use your wisdom to open the door of justice which will be opened only for the one who knocks.