Servitudes in Thailand. When buying property in Thailand, especially land, it’s vital to understand servitudes. Servitudes, also known as easements, are legal rights granted to one property (dominant property) to benefit from another property (servient property). Think of it as borrowing a specific right from your neighbor’s land for your own benefit.
How Servitudes Work in Thailand
Imagine a landlocked plot with no direct road access. A servitude can be established, granting the landlocked property (dominant property) the right of way through the neighboring plot (servient property) to reach a public road. This ensures access for the landlocked property, increasing its value.
Here are some key aspects of servitudes in Thailand:
- Types of Servitudes: Common servitudes include rights of way, drainage easements, utility easements (power lines, water pipes), and access to light or air.
- Benefits and Burdens: The dominant property benefits from the servitude, while the servient property bears the burden. However, the burden should not unreasonably restrict the servient property owner’s use of their land.
- Establishment: Servitudes can be established through agreement between landowners, registered with the Land Department, or even arise through continuous use over time (prescription).
Importance of Due Diligence
Before purchasing land, it’s crucial to conduct thorough due diligence to uncover any existing servitudes that might affect your property’s usage or value. Here’s how:
- Land Title Deed: The Chanote (land title deed) should mention any registered servitudes.
- Land Department Check: A Land Department search can reveal additional details about servitudes.
- Consult a Lawyer: A lawyer experienced in Thai property law can advise on the implications of servitudes and help negotiate modifications if necessary.
Living with Servitudes
Once you own property with a servitude, understanding your rights and obligations is essential:
- Respecting the Servitude: The dominant property owner should use the servitude according to its designated purpose and avoid causing unnecessary inconvenience to the servient property owner.
- Maintaining the Servitude: In some cases, the dominant property owner may be responsible for maintaining the easement area (e.g., a shared access road).
Conclusion
Servitudes are a common feature of Thai property law. By understanding how they work and conducting thorough due diligence, you can ensure you’re not surprised by unexpected limitations on your property usage. Consulting a lawyer can help you navigate servitudes effectively and make informed decisions when buying land in Thailand.