Property and real estate disputes in Thailand arise from a broad range of civil conflicts including ownership claims, encroachment, lease violations, easement disagreements, construction defects, and co-ownership issues. These disputes are adjudicated primarily under the Civil and Commercial Code (CCC), the Land Code, and judicial precedent, through the ordinary civil courts and occasionally through administrative or specialized courts.

Because land in Thailand is strictly regulated—particularly with regard to ownership rights, registration, zoning, and use restrictions—property disputes often involve both private legal rights and administrative decisions issued by the Department of Lands or other state agencies.

II. Legal and Regulatory Framework

The Department of Lands (DoL) is the key administrative agency in property registration and adjudication of administrative land matters.

III. Common Types of Property Disputes

1. Ownership and Title Disputes

These are disputes over the legal right to possess or own immovable property:

• Overlapping or duplicated title deeds

• Claims based on adverse possession or undocumented long-term use

• Allegations of forged or fraudulently issued Chanote titles

• Conflicts between Nor Sor 3 holders and Chanote holders

Legal Remedy: Petition to revoke or amend title deed under Section 61 of the Land Code and initiate a civil ownership suit under Section 1336 CCC.

2. Encroachment and Boundary Disputes

Arise when landowners allege physical invasion or construction on their legally demarcated land.

• Common in areas where land is held under Nor Sor 3 (unsurveyed titles)

• Often involves fence lines, driveways, or buildings that cross boundaries

• Land survey reports and title maps are critical evidence

Legal Remedy: Negatory action (actio negatoria) under Section 1330 CCC or claim for removal and damages under Section 422 CCC.

3. Lease Disputes

Include conflicts between landlords and tenants over:

• Breach of lease terms (e.g., non-payment, unauthorized subletting)

• Eviction and termination issues

• Unregistered leases exceeding three years (unenforceable under Section 538 CCC)

• Claims for restitution of property or rent arrears

Forum: Ordinary civil court; expedited procedure may apply for lease not exceeding THB 300,000 in value.

4. Easement and Servitude Conflicts

Disputes over legal rights of use granted over another’s land:

• Right of way (Section 1347 CCC)

• Drainage rights, light and air, or access servitudes

• Often involves subdivided land or landlocked plots (no legal access to public road)

Remedy: Action to establish or enforce servitude, or to seek compensation if denial causes damage.

5. Co-Ownership and Partition Actions

• Arise when multiple parties jointly own land or buildings without agreement

• One or more co-owners may seek judicial partition or sale by auction

• Frequent in inherited land, undeveloped land, or undivided condominiums

Remedy: Action under Section 1360–1362 CCC for partition in kind or judicial sale and division of proceeds.

6. Condominium Disputes

Disputes may occur between:

• Unit owners and juristic persons (management body)

• Unit owners and other owners (e.g., noise, leaks, use of common area)

• Owners and developers (e.g., defects, delayed registration)

Remedy: Complaint to the Condominium Committee (Ministry of Interior) or civil litigation. Juristic acts must follow rules under the Condominium Act and registered bylaws.

7. Construction and Defect Claims

Often initiated by buyers or landowners against contractors or developers for:

• Defective construction, structural failures

• Non-compliance with specifications or building codes

• Delays or abandonment of project

Remedy: Action for contract breach or tort damages under Sections 595–600 CCC; forensic engineering evidence often required.

IV. Court Jurisdiction and Procedure

A. Court of First Instance

Property disputes are filed in:

• Civil Court (for Bangkok)

• Provincial Courts

• Specialized Central Courts (e.g., Central Intellectual Property and International Trade Court if dispute involves cross-border party or international contract)

B. Administrative Court Jurisdiction

Applicable where the dispute involves:

• Revocation of title by government agency

• Allegations of unlawful administrative orders (e.g., denial of title upgrade)

• Public land disputes (e.g., encroachment on forest reserve)

Procedure: File a petition under the Act on Establishment of Administrative Courts B.E. 2542.

V. Evidence and Expert Testimony

A. Documents and Land Records

• Title deeds and survey maps (Chanote, NS3K)

• Land book extracts from the Land Office

• Contracts, leases, memoranda of understanding (MoUs)

• Photographs, videos, or GPS coordinates

B. Expert Witnesses

• Land surveyors: boundary and demarcation disputes

• Engineers: structural defects

• Property valuers: compensation calculation

• Document examiners: in forgery cases

The court may appoint court-sanctioned experts or permit party-appointed witnesses under the Civil Procedure Code.

VI. Remedies and Enforcement

Enforcement is handled by the Legal Execution Department, including seizure of property, writs of execution, and court-supervised auctions.

VII. Prescriptive Periods (Statute of Limitations)

Under the CCC:

• Ownership claim: No time bar if based on registration error

• Encroachment: 1 year from discovery (Section 448 CCC)

• Lease disputes: 5 or 10 years depending on contract term

• Construction defects: 1 year after delivery (Section 600 CCC)

• Servitude disputes: May involve prescription or adverse use (10 years)

VIII. Practical Issues and Considerations

Many disputes can be prevented or mitigated by pre-transaction legal due diligence, proper registration of rights, and accurate documentation.

IX. Conclusion

Property and real estate disputes in Thailand encompass a wide range of legal issues, from private civil claims over boundaries or lease violations, to complex administrative challenges involving title revocation or public land encroachment. Resolution requires a detailed understanding of:

• Substantive real estate law

• Title classifications and registration rules

• Litigation procedure in civil and administrative courts

Effective legal strategy involves evidentiary rigor, expert input, and a clear grasp of both statutory and procedural law. Given the legal complexity and regulatory overlap, practitioners must carefully assess both legal rights and factual context to resolve or litigate these matters efficiently.