Property and Real Estate Disputes in Thailand

Property and real estate disputes in Thailand are a frequent source of civil litigation due to the country’s highly formalized land registration system, strict statutory requirements, and the interaction between land law, contract law, family law, and succession law. Disputes can involve Thai nationals, foreign investors, heirs, developers, or corporate entities, and they often arise from misunderstandings about ownership rights, registration validity, or legal capacity to transact.

This article provides an in-depth and carefully structured analysis of property and real estate disputes in Thailand, examining the legal framework, common dispute categories, procedural considerations, evidentiary standards, and practical risk management strategies.

1. Legal framework governing property disputes in Thailand

Property and real estate disputes are primarily governed by:

• The Thai Civil and Commercial Code (CCC)

• The Land Code

• The Condominium Act

• The Civil Procedure Code

Thailand follows a civil law system, where statutory provisions and formal registration carry greater weight than equitable or customary claims. Courts rely heavily on documentary evidence, especially Land Office records.

2. Registration-based land ownership system

Thailand operates under a title registration system, meaning:

• Legal ownership arises only through registration with the Land Department

• Unregistered rights are generally unenforceable against third parties

Possession, payment, or long-term use alone does not confer ownership. This system is a major source of disputes when parties rely on private agreements without proper registration.

3. Ownership and title-related disputes

Ownership disputes commonly arise from:

• Competing title claims

• Alleged forged or fraudulent documents

• Improper transfers

• Historical inaccuracies in land records

Courts typically give decisive weight to the registered title holder unless fraud or procedural illegality is proven.

4. Boundary, encroachment, and access disputes

Boundary disputes are common due to:

• Older land surveys with unclear demarcation

• Encroachments by neighboring structures

• Conflicting access rights

Resolution often requires:

• Official land surveys

• Expert testimony

• Court-ordered inspections

Encroachment cases may result in removal orders or compensation.

5. Sale and purchase agreement disputes

Disputes between buyers and sellers often involve:

• Failure to transfer ownership

• Breach of contractual obligations

• Misrepresentation of land size or zoning

• Deposit forfeiture conflicts

In Thailand, ownership transfer is only legally effective upon registration at the Land Office, regardless of prior payment or private contracts.

6. Developer and construction-related disputes

Real estate development disputes may include:

• Delayed project completion

• Construction defects

• Non-compliance with building permits

• Disagreements over common facilities

These disputes frequently involve multiple parties and require technical evidence, increasing litigation complexity.

7. Leasehold and tenancy disputes

Lease disputes commonly arise from:

• Unregistered long-term leases

• Early termination

• Disputes over renewal clauses

• Rental payment defaults

Leases exceeding three years must be registered to be enforceable beyond that period. Failure to register is a recurring cause of litigation.

8. Condominium-related disputes

Condominium disputes are governed by the Condominium Act and often involve:

• Ownership transfer issues

• Maintenance fee arrears

• Management decisions by the juristic person

• Voting and quorum disputes

Disagreements between unit owners and condominium management bodies are particularly common.

9. Mortgage and secured lending disputes

Mortgage disputes may involve:

• Foreclosure procedures

• Priority of secured creditors

• Valuation disagreements

• Auction irregularities

Thai law generally requires judicial foreclosure, making these disputes procedurally complex and time-consuming.

10. Marital property disputes involving real estate

Property disputes frequently arise in divorce cases concerning:

• Classification of property as personal or marital

• Sale or mortgage without spousal consent

• Concealment or improper transfer of assets

Property acquired during marriage is generally presumed to be marital property under Thai law.

11. Inheritance and succession-related disputes

Inheritance disputes involving real estate often concern:

• Competing heirs

• Validity or interpretation of wills

• Administration delays

• Application of foreign succession laws

Real estate cannot be transferred until probate proceedings are completed.

12. Foreign ownership and nominee disputes

Foreign-related disputes often stem from:

• Illegal nominee ownership structures

• Violation of condominium foreign ownership quotas

• Improper leasehold arrangements

Thai courts do not recognize nominee arrangements designed to circumvent land ownership restrictions.

13. Evidentiary standards in property litigation

Thai courts place strong emphasis on:

• Registered title deeds

• Written contracts

• Official Land Office records

• Survey reports and expert opinions

Oral testimony alone is rarely sufficient to establish property rights.

14. Role of the Land Department in disputes

The Land Department plays a critical role by:

• Maintaining official land records

• Conducting boundary surveys

• Implementing court judgments affecting registration

Administrative errors may be challenged through litigation or correction procedures.

15. Court jurisdiction and litigation process

Property disputes are generally filed in:

• The provincial court where the property is located

Proceedings may include:

• Temporary injunctions

• Court-appointed experts

• Site inspections

Cases can take several years, particularly when appeals are involved.

16. Alternative dispute resolution (ADR)

Thai courts increasingly encourage:

• Mediation

• Court-supervised settlement

ADR can be effective in:

• Commercial property disputes

• Family-related real estate conflicts

However, settlements affecting ownership must still be registered to be legally effective.

17. Remedies available in property disputes

Courts may order:

• Transfer or cancellation of land registration

• Eviction or recovery of possession

• Monetary damages

• Injunctive relief

The remedy depends on the nature of the legal violation.

18. Enforcement of judgments

Enforcement may involve:

• Land Office execution of registration changes

• Seizure and auction of property

• Court enforcement officers

Coordination between courts and administrative authorities is often required.

19. Common causes of avoidable disputes

Many disputes arise due to:

• Inadequate due diligence

• Reliance on informal agreements

• Failure to register rights

• Misunderstanding Thai legal requirements

Preventive legal planning significantly reduces risk.

20. Conclusion

Property and real estate disputes in Thailand reflect a legal system that prioritizes formal registration, documentary evidence, and statutory compliance. Disputes may involve ownership conflicts, contractual breaches, family law issues, or foreign ownership restrictions, and they often require detailed legal and factual analysis.

Understanding the legal framework, recognizing common dispute patterns, and implementing proper due diligence and registration practices are essential for protecting property interests. With informed planning and professional guidance, many real estate disputes in Thailand can be avoided, and when disputes do arise, they can be resolved more effectively through structured legal strategy.