Servitude sample contract for Thailand
Servitude in Civil law is the equivalent of an easement in common law. Servitude is a real right charge on an immovable property in favour of another immovable. Below a sample Thailand contract of servitude. Right of servitude is governed by the sections 1387 to 1401 of the Thailand Civil and Commercial Code. Servitude can involve different kinds of benefits and burdens, below a sample servitude contract translated from Thai.
CONTRACT OF SERVITUDE
This contract is made on..........................at......................................between:
(a) Mr...........................................having principle place of business at No....., .......................road, District of ....................................., Province of..................................., hereinafter called the “Covenantee” and
(b) Mr........................................................ residing at No............., ...........................................road, District of ...................................., Province of....................................., hereinafter called the “Landlord”
Both parties agree as follows:
1. In this contract:
(a) “Dominant Property” means which appears in the Land Title Deed No...........and such small plots of land which will be divided from the original land title deed mentioned above; as well as other plots of land adjacent to or nearby the Servient Property which are (or will become) roads, footpaths, road shoulders, vacant land or other plots of land permitted for common use.
(b) “Servient Property” means land (including existing structures on such land and those to be constructed in the future) which appears in Land Title Deed No...............as described in the Land Sale Contract made on the...............................day of........................., 2010, between the same parties to this contract.
2. In order to develop land in the project most appropriately and to allow landowners of small plots nearby to use their land properly, and not for purposes which may result in depreciation of the surrounding land value, parties to this contract agree that the Servient Property shall be subject to a servitude described as follows; the Land Office is hereby requested to register the servitude and record such terms on the Land Title Deed:
(a) The Servient Property shall not be used for any purposes other than as industrial factory sites and absolutely not as residential sites. After completion of the factory(s), new structures (permanent or temporary) shall not be allowed to be constructed on such Servient Property, nor shall any changes to existing structures be permitted without the prior written consent of the convenantee.
(b) Factory operations shall be carried out in compliance with the established standards of the Factory Act (1969) B.E. 2512 as well as existing rules, laws and other relevant regulations. Specifically, any waste water or other refuse discharged from the factory must conform to the standards set by law; the factory shall not create noises, smells, vibrations, vapors, smoke, black fumes, ashes, dust or dust particles, at a level which is considered by the Convenantee to be bothersome and may be harmful to neighboring residents;
(c) The factory to be constructed on the Servient Property is entitled to services of water, drainage pipes and garbage disposal sites prepared by the Covenantee; these services shall be altered to other forms or methods for the disposal of waste water or garbage;
(d) The Covenantee has the right to install electricity lines or lay pipes through land in the Servient Property as he deems fit, in order to achieve the development target previously planned; and for these purposes, the Covenantee has the right to take his workers onto the Servient Property to install such pipes and electricity lines. Furthermore, after installing said lines and pipes the Covenantee or his agent has the right to enter the Servient Property to inspect and maintain such lines or pipes installed;
(e) The Servient Property shall not be divided, spilt or parted, for the purpose for sale, re-sale, presentation as gift, transfer, or to be disposed of by other means, except with the Covenantee’s prior consent in writing;
(f) Posters, advertising boards and other advertisements shall not be permitted upon the Servient Property, except where the prior written consent of the Convenantee is given. However, the Covenantee has no right to prohibit appropriate displays of the factory proprietor’s trade title or advertisement without reasonable causes;
(g) Animal rising is not allowed on the Servient Property, except for the purpose of research.
3. In case of violations of any part of the agreement concerning the Servient Property, after being notified by the Covenanatee, the Land Lord of the Servient Property shall cease and desist such violation of the agreement of immediately dismantling structures constructed in violation of the agreement, and adjusting the Servient Property to normal condition, or use any other means to get rid of such violations.
4. This contract is made in three identical copies, one of which kept at the Land office and one each being retained by both parties. (This copy is for :......................)
The parties to the contract having read and understood the entire substance of this contract hereunder sign their names and affix there seals (if any) in the presence of witnesses.
Signed.......................................Covenantee
( )
Signed........................................Landlord
( )
Signed.........................................Witness
( )
Signed..........................................Witness
( )
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