Servitudes in Thailand. Thailand’s property landscape thrives on a concept known as servitudes, which ensure smooth co-existence for neighboring properties. A servitude, also referred to as an easement, creates a legal right for one land parcel (dominant property) to benefit from another (servient property). This system offers solutions for various scenarios, promoting functionality and increasing property value.
Imagine a landlocked plot with no direct road access. A servitude granted by a neighboring property owner can establish a right of way, allowing the landlocked property easy access. This benefits both parties: the landlocked property gains crucial access, while the neighboring property might see an increase in value due to its role in facilitating access.
Here’s a glimpse into the different forms servitudes can take:
- Right of way: This grants access across another property, be it for pedestrians, vehicles, or utilities.
- Right of view: This restricts the servient property owner from building structures that obstruct the dominant property’s view.
- Drainage easement: This allows excess water from one property to drain onto or through another.
Servitudes can be established through various means:
- Registered agreement: A formal contract outlining the rights and limitations of the servitude, registered at the Land Department.
- Prescription: In specific situations, prolonged and uninterrupted use of another property for a certain period can establish a servitude right.
When considering property purchase in Thailand, a thorough check for registered servitudes is crucial. This ensures you’re aware of any potential limitations or benefits that may impact your use of the land. Conversely, if you already own property and see an opportunity to grant a servitude to a neighbor, legal guidance is essential to guarantee a well-defined agreement that upholds the interests of both parties.
By understanding servitudes, property owners in Thailand can navigate potential challenges, unlock hidden benefits, and foster a more cooperative relationship with their neighbors.