Thai legal right of - and servitude Laws

Servitude as a legal property right is governed by the sections 1387 to 1401 civil and commercial code. The practical use of a right of servitude is that it could be registered as a 'right of way' (easement) over one or more neighboring land plots in case a land plot is surrounded by other land plots without having direct access to a public road. It secures access to the public road. The right of servitude in Thailand has a broader use and can put several kinds of burdens or restrictions on a neighboring parcel or parcels of land (such as the use of a neighboring water well, or specifying private building restrictions).

A servitude is a registered right (with the Land Department) that a person has over the immovable property (not restricted to land) of another and is the legal right that runs with an immovable property, but servitude can also be acquired after a period of time a certain right or practice has existed (note section 1401 below).

TITLE IV

RIGHT OF SERVITUDE

table of contents

Section 1387. An immovable property may be subjected to a servitude by virtue of which the owner of such property is bound, for the benefit of another immovable property, to suffer certain act affecting his property or to refrain from exercising certain rights inherent in his ownership.

Section 1388. The owner of the dominant property is not entitled to make any change, either on the servient or on the dominant property, which increases the burden of the servient property.

Section 1389. Changes in the requirements of the owner of the dominant property do not entitle him to impose an additional burden on the servient property.

Section 1390. The owner of the servient property must refrain from any act which will tend to diminish the utility of the servitude or to make it less convenient.

Section 1391. The owner of the dominant property is entitled, at his own expense, to do all that is necessary to preserve and make use of the servitude. He must, in doing so, cause as little damage as possible to the servient property.

He must at his own expense keep the work done in a state of good maintenance and repair. However, if the owner of the servient property benefits by the work, he must bear a share of the expenses in proportion to the benefit which he receives.

Section 1392. Where servitude affects one part only of the servient property, the owner of that property may, by showing that the charge would be for his benefit and by undertaking to bear the cost of it, require that the servitude be removed to another part of his property, provided this would not be less convenient to the owner of the dominant property.

Section 1393. Unless otherwise provided in the act creating it, a servitude follows the dominant property when the latter is disposed of or made subject to other rights.

A servitude cannot be disposed of or made subject to other rights apart from the dominant property.

Section 1394. In case of a division of servient property, the servitude continues to be a burden on each part. However, if the servitude is not, and from nature of the case could not be, exercised over any particular part, the owner of such part may demand to be relieved from it.

Section. 1395. In case of a division of dominant property property, the servitude continues to exist for the benefit of each part. However, if the servitude is not, and from the nature of the case could not be, exercised for the benefit of any particular part, the owner of the servient property may demand to be relieved from servitude with respect to such part.

Section 1396. Servitudes acquired or exercised by one of the co-owners of the dominant property is deemed to have been acquired or exercised by all co-owners.

Section 1397. Servitude is extinguished by the total destruction of the servient or dominant property.

Section 1398. If servient and dominant properties are vested in one and the same owner, such owner may have the registration of servitude canceled; until such cancellation the servitude continues to exist as regards to third persons.

Section 1399. Servitude is extinguished by non-usage for ten years.

Section 1400. Servitude is extinguished if it has ceased to benefit the dominant property; but it revives if the condition of things becomes such that the servitude can be enjoyed again, provided that the period of prescription specified in the foregoing section has not elapsed.

Where the servitude is still of some benefit to the dominant property, but the benefit is of little importance as compared with the burden on the servient property, the owner of the servient property may, by payment of compensation, obtain a total or partial relief from the servitude.

Section 1401. Servitude may be acquired by prescription, the provisions concerning acquisitive prescription as described in Title III of this book shall apply mutatis mutandis.

table of contents

In Thai: