Servitudes in Thailand. When purchasing property in Thailand, especially land, encountering the concept of "servitudes" is likely. A servitude, also known as an easement, creates a legal right for one piece of land (the dominant property) to benefit from another piece of land (the servient property). Understanding servitudes is crucial to ensure you're not buying into unexpected limitations on your property usage.
The Essence of Servitudes
Imagine a situation where a landlocked property (dominant property) has no direct access to a public road. A servitude can be established on an adjacent property (servient property) granting a right of way to access the road. This right of way becomes a burden on the servient property but benefits the dominant property.
Types of Servitudes in Thailand
Thai law, specifically sections 1387 to 1401 of the Civil and Commercial Code, governs servitudes. Common examples include:
- Right of way: The most common type, granting access across another property.
- Right of passage: Similar to right of way, but might be limited to pedestrians or specific purposes.
- Right of light: Ensuring a property receives sufficient natural light from a neighboring property.
- Right of drainage: Allowing proper water drainage from one property to another.
Impact on Property Ownership
A servitude can significantly affect the value and usability of your property. Here's how:
- Restrictions on the servient property: The owner might be limited in how they develop or use their land to avoid obstructing the servitude rights.
- Benefits for the dominant property: The owner enjoys the advantage of the servitude, such as access or light, enhancing their property's value.
Checking for Servitudes
Before finalizing a property purchase:
- Review land title deeds: These documents should mention any existing servitudes on the property.
- Conduct a land survey: A professional survey can identify any physical signs of a servitude, such as a designated pathway.
- Consult a lawyer: A lawyer experienced in Thai property law can thoroughly examine the title deeds and advise you on potential servitude implications.
Conclusion
Understanding servitudes is essential for informed decision-making when buying property in Thailand. By being aware of potential limitations and benefits, you can safeguard your investment and avoid unexpected surprises. Remember, a little due diligence can go a long way in securing your dream Thai property with complete peace of mind.