Servitudes in Thailand. When buying property in Thailand, especially land, it’s crucial to understand servitudes. A servitude, also known as an easement, is a legal right attached to one piece of land (dominant property) that benefits from the use of another piece of land (servient property). In simpler terms, it allows the owner of the dominant property to use the servient property in a specific way.
Common Types of Servitudes in Thailand
- Right of Way: This is a common servitude, granting access to a public road through a neighboring property.
- Utility Easements: These allow for power lines, water pipes, or drainage systems to run across a property.
- Light and Air Easements: These ensure a property receives sufficient light and air by restricting construction on neighboring land.
- Water Easements: These grant access to a water source on a neighboring property.
Impact of Servitudes on Property Value
- Dominant Property: A servitude can increase the value of the dominant property by providing essential access or utility benefits.
- Servient Property: A servitude can decrease the value of the servient property by restricting development or imposing limitations on its use.
How Servitudes Are Created in Thailand
- Registered Easement: This is the most secure method. A formal agreement is registered with the Land Department, clearly outlining the rights and limitations of the servitude.
- Prescription: In rare cases, a servitude may be established through long-term, uninterrupted use (often over 10 years) without a formal agreement. However, this can be legally contentious.
Importance of Due Diligence
Before finalizing a property purchase, it’s vital to conduct thorough due diligence:
- Title Deed Review: A lawyer should examine the title deed to identify any registered servitudes burdening the property.
- Physical Inspection: Inspect the property and surrounding areas for signs of existing easements, like utility lines or access paths.
- Neighbor Inquiry: Talking to neighbors can reveal any informal or longstanding servitudes not reflected in the title deed.
Conclusion
Understanding servitudes is essential for informed decision-making when buying property in Thailand. By being aware of potential limitations and the importance of due diligence, you can ensure you’re getting the full picture of the property’s rights and restrictions. Consulting a lawyer experienced in Thai property law is highly recommended to navigate the legalities and protect your investment.
