Servitudes in Thailand

Servitudes in Thailand. When buying property in Thailand, particularly land, encountering the term “servitude” is a possibility. A servitude, also referred to as an easement, is a legal right attached to one piece of land (dominant property) that restricts the use of another piece of land (servient property). In simpler terms, it grants a specific benefit to one property by placing limitations on another.

Understanding Servitudes

Understanding servitudes is crucial for property buyers in Thailand as they can significantly impact how you utilize your land. Imagine a scenario where your dream plot has no direct road access. A servitude granted to your property by a neighboring plot might give you the right of way to access the public road through their land. Conversely, there might be a servitude on your land allowing power lines to run overhead, limiting your construction options in that area.

Rights and Obligations

Servitudes are governed by Sections 1387 to 1401 of the Thai Civil and Commercial Code. These sections outline the rights and obligations of both the dominant and servient property owners. For instance, the owner of the servient property cannot take any actions that would hinder the dominant property owner’s enjoyment of the servitude.

Due Diligence Process

It’s vital to have a thorough due diligence process conducted before purchasing land. A crucial aspect of this process is verifying the presence of any registered servitudes on the title deed. This will help you understand any potential limitations on how you can use the property and avoid unexpected complications down the line. Consulting with a lawyer experienced in Thai real estate law is highly recommended to ensure you fully grasp the implications of any servitudes attached to the land you’re interested in acquiring.