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).

Thai Habitation Laws

The right of habitation is the right of dwelling gratuitously in a house of another person. As one of Thailand's real rights of book 4 of the civil and commercial code the right of habitation must be registered with the land office to be complete and enforceable. The right of habitation cannot be encumbered, sold, transferred, donated or transferred at death. The right of habitation is a personal servitude.

TITLE V

HABITATION (ARSAI)

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Thai Land Laws - Right of Superficies in Thailand

Right of Superficies (part of Thailand property land laws) is a registered property right that separates ownership of the land and anything on or in the land (plantations and/or a structure). One person owns the land (cannot be a foreigner), another person owns everything on or in the land (can be a foreigner) but has no ownership rights in the land itself. In the French legal system superficies is called 'droit de superficie', in Germany 'Erbbaurecht' in the Netherlands 'recht van opstal'.

Understanding Sections 1410–1416

The superficies (สิทธิเหนือพื้นดิน) agreement in Thailand specifies the terms and conditions upon which the right of superficies is granted. A superficies is not complete until signed, witnessed and registered with the local branch or provincial land office where the land is located. By registration on the land title deed the right of superficies becomes a real right attached to the land, as opposed to a contractual right.

CHAPTER VI