Property and Real Estate Disputes in Thailand

Property and real estate disputes in Thailand arise in both urban and rural contexts, involving a mix of statutory rights, contractual obligations, and customary land use. These disputes may concern ownership, possession, boundary encroachment, co-ownership, inheritance, leasehold rights, construction defects, or contract breaches.

The applicable legal regime includes the Civil and Commercial Code (CCC), the Land Code B.E. 2497 (1954), the Land Development Act, and administrative regulations under the Ministry of Interior, among others. This article explores the major categories of property disputes in Thailand, their legal underpinnings, procedural routes, and the enforcement landscape.

II. Legal Framework and Jurisdiction

A. Governing Laws

1. Civil and Commercial Code (CCC) – governs contracts, leases, torts, co-ownership, superficies, servitudes, and possessory rights

2. Land Code B.E. 2497 (1954) – regulates title deeds, land registration, and transfer of ownership

3. Land Development Act B.E. 2543 (2000) – governs subdivision, zoning, and land use changes

4. Condominium Act B.E. 2522 (1979) – applicable to disputes involving condo units and juristic persons

5. Building Control Act B.E. 2522 (1979) – governs construction disputes and permit violations

B. Competent Authorities and Courts

III. Common Types of Real Estate Disputes

A. Ownership Disputes

1. Competing Title Claims

   • Arise when two parties hold different types of land documents (e.g., Nor Sor 3 vs. Chanote)

   • Resolution requires investigation of title history, possession, and prior registration

2. Fraudulent Transfer or Forged Deed

   • Often involves false signatures, misrepresentation, or abuse of power of attorney

   • May trigger both civil revocation proceedings and criminal prosecution for forgery

3. Boundary Disputes

   • Common in rural and developing areas without precise cadastral surveys

   • Requires surveying by the Land Office and court adjudication based on factual possession and title data

B. Leasehold and Tenancy Disputes

• Failure to vacate after lease expiration

• Early termination or breach of lease terms

• Unregistered leases over 3 years, which become unenforceable beyond 3 years

• Unclear clauses regarding maintenance, renewal, or subletting

Courts strictly interpret lease rights under Sections 537–571 CCC, especially regarding duration and registration.

C. Co-ownership and Partition

Disputes among joint owners of land or buildings often concern:

• Right to sell, lease, or develop property without unanimous consent

• Partition by sale or in-kind under Sections 1357–1364 CCC

Courts may order partition by sale through public auction if co-owners cannot agree.

D. Servitudes and Access Rights

Servitude (ภารจำยอม) is a real right under Sections 1387–1401 CCC, allowing one property (dominant estate) to access or benefit from another (servient estate). Disputes arise over:

• Road access

• Drainage or irrigation rights

• Easements created by long-standing use

Courts require proof of necessity or prior agreement to establish servitude rights.

E. Developer and Buyer Disputes

• Failure to transfer title upon completion

• Structural or design defects

• Violation of Condominium Act (e.g., improper use of common property)

• Delayed delivery or abandonment

Buyers may seek rescission, damages, or specific performance, but enforcement depends on contractual terms and whether the developer is still solvent or registered.

IV. Evidence and Procedural Considerations

A. Evidentiary Standards

B. Limitation Periods (Prescription)

• 10 years: for immovable property ownership by adverse possession (if in good faith)

• 5 years: for breach of contract related to immovable property

• 1 year: for tort or damage claims (from date of awareness)

V. Remedies and Judicial Outcomes

A. Civil Remedies

1. Declaratory Judgment – confirms ownership or rights

2. Injunctive Relief – to stop construction or prevent interference

3. Possessory Actions – for wrongful occupation

4. Specific Performance – order to transfer title or register lease

5. Compensation – for financial loss or damage

B. Interim Measures

Thai courts may grant interim injunctions under the Civil Procedure Code to:

• Prevent asset disposal

• Freeze land transactions during litigation

• Secure evidence (survey orders, document production)

C. Enforcement

Court judgments must be enforced via execution by a court officer, which may include:

• Land seizure and sale

• Eviction orders

• Title correction via registration

VI. Administrative Dispute Resolution

Not all disputes begin in court. Certain matters require initial filing with administrative agencies, including:

Administrative processes often require internal appeal exhaustion before a case may be filed in the Administrative or Civil Courts.

VII. Special Considerations for Foreign Parties

• Foreigners may not own land under the Land Code, except under BOI or treaty exemptions

• Any dispute involving a nominee structure may trigger regulatory scrutiny

• Foreigners must often rely on registered leases, superficies, or condominium ownership

• Enforcement against foreign defendants or plaintiffs may require translation of documents and court-certified interpreters

Due diligence and registered rights are critical in avoiding ambiguous claims or unenforceable arrangements.

VIII. Alternative Dispute Resolution (ADR)

ADR is increasingly used for real estate conflicts involving:

• Condominium juristic person disputes

• Foreign developers

• Joint venture breakdowns

Mediation or arbitration is available under:

• Thai Arbitration Act B.E. 2545 (2002)

• Institutional rules (e.g., Thai Arbitration Institute, THAC)

However, arbitration clauses must be clearly agreed in writing, and enforcement of arbitral awards in Thailand is subject to the New York Convention.

IX. Conclusion

Real estate disputes in Thailand are governed by a robust body of substantive and procedural law, but outcomes depend heavily on:

• Nature and clarity of documentation

• Proper registration of rights

• Survey and cadastral accuracy

• Capacity and good faith of the parties

• Court procedures and expert testimony

For both Thai and foreign parties, the quality of legal structure and due diligence at the time of acquisition or contract formation is decisive in minimizing future dispute risks.