Servitudes in Thailand. In Thai property law, a servitude (สิทธิเหนือกรรมสิทธิ์ในที่ดินผู้อื่น or Sidthi Nua Kam Sit Nai Tee Din Phu Un) is a real right that allows the owner of one parcel of land (the dominant estate) to exercise certain rights over a neighboring parcel (the servient estate), typically for access, drainage, utilities, or other permanent uses. This right is governed under Sections 1387 to 1401 of the Thai Civil and Commercial Code (CCC) and must be registered with the Land Department to be legally enforceable.
Servitudes are common in landlocked properties, real estate developments, agricultural land, and infrastructure projects, where land use across boundary lines is necessary to ensure functional or economic use. Unlike contractual licenses, a servitude is a real right that attaches to the land itself, not the individual owner, and passes with any transfer of ownership.
This article offers a detailed legal and practical examination of servitudes in Thailand, including their creation, types, legal effects, registration process, enforcement, and termination.
Thai Civil and Commercial Code (CCC), Sections 1387–1401
Land Code B.E. 2497 (1954) (regarding registration and land title issues)
Ministerial Regulations and Land Office procedural rules
"An immovable property may be subject to a servitude, under which the owner of such property is bound to suffer certain uses or refrain from certain uses of the property for the benefit of another immovable property."
This means one land parcel is legally obligated to accommodate the use rights of another parcel.
| Characteristic | Explanation |
|---|---|
| Real right (in rem) | Attaches to the land, not to the owner |
| Dual estates | Requires a dominant estate (benefiting) and servient estate (burdened) |
| Permanence | Lasts indefinitely unless terminated or limited by term |
| Registration required | Must be registered at the Land Office to bind third parties |
| Non-possessory | Grants use or access rights but not ownership or possession |
| Type of Servitude | Purpose |
|---|---|
| Right of Way (ทางจำเป็น) | Enables access to a public road or between land plots |
| Drainage Servitude | Allows flow of water or sewage through adjoining land |
| Utility Easement | Permits installation of electric lines, water pipes, or telecom cables |
| View or Height Restriction | Restricts the servient owner from building structures that block views |
| Support and Maintenance | Allows one property to maintain support structures on another’s land |
Right of way servitudes are the most common, especially in landlocked plots or during subdivision of agricultural land.
Use the servient land for the specified purpose only (e.g., access, drainage)
Exercise the right within the scope defined in the servitude registration
Assign or transfer the servitude with the land
Refrain from interfering with the granted right
Tolerate the use by the dominant estate owner
Cannot build or obstruct in the servitude zone
The servitude must be used in accordance with necessity and established use
Expanding the servitude’s use (e.g., for commercial access if granted for residential) may be challenged in court
Established by agreement between landowners
Must be:
In writing
Registered at the Land Office of the property's jurisdiction
Described clearly, including size, scope, and purpose
When land is completely landlocked, the law allows the owner to demand an access servitude across neighboring land:
"If a piece of land has no access to public roads, the owner may demand a right of way... through the neighboring land, subject to compensation."
This servitude:
Can be imposed by court order
Must be reasonably located and least burdensome
Requires payment of fair compensation
Submit:
Title deeds (Chanote or Nor Sor 3 Gor) of both estates
Servitude agreement or court judgment
Land sketches or survey
ID/passports of parties
The servitude is recorded on the back of the title deed of both estates and in the land registry
Cessation of use: If not used for 10 years, the servitude is extinguished
Merger of ownership: If both dominant and servient estates are owned by the same person
Express agreement between parties to cancel
Expiration of fixed term, if specified in registration
Requires:
Mutual written agreement
Land Office application and registration
If dispute arises, court order may be required
Disputes may arise over:
| Type of Dispute | Legal Remedy |
|---|---|
| Blocking access to right of way | Injunction or civil claim to restore access |
| Unauthorized expansion of use | Declaratory judgment to limit servitude scope |
| Disagreement over compensation | Judicial determination under Section 1349 |
| Servitude forged or unclear | Administrative challenge or civil suit for nullity |
Enforcement of servitudes may involve:
Civil litigation
Mediation through local administrative offices
Surveyor reports and land inspection
| Context | Use of Servitude |
|---|---|
| Subdivided land plots | Shared access roads between subdivided plots |
| Condominium projects | Utility servitudes under common areas |
| Private roads and alleys | Right of way to public road across private land |
| Agricultural estates | Water channels or ditches across plots |
| Infrastructure projects | Electricity, fiber optics, or pipelines over private land |
Developers often register multiple servitudes across adjacent lots to ensure infrastructure continuity.
| Aspect | Servitude | Lease | Usufruct |
|---|---|---|---|
| Nature | Real right over another’s land | Personal right to use land | Real right to use and benefit from land |
| Transferability | Tied to land, not individual | Not transferable unless stated | Not inheritable |
| Registration Required | ✅ Yes, at Land Office | ✅ If term > 3 years | ✅ Yes |
| Duration | Indefinite or defined | Max 30 years | Lifetime or 30 years |
| Use Rights | Specific (e.g., access, utility) | Broad (possession and use) | Broad (possession and benefit) |
Servitudes in Thailand provide a critical legal mechanism for allowing access, utility use, or construction rights across another’s land, without transferring ownership or possession. Rooted in codified property law, they offer a real, registrable right that attaches to the land and survives ownership changes, giving long-term legal certainty to infrastructure, real estate, and agricultural operations.
While servitudes can be created voluntarily or imposed by necessity, they must be carefully documented, registered, and defined, to avoid future disputes. Both dominant and servient landowners have rights and obligations, and Thai courts enforce servitude rules strictly based on statutory and factual evidence.