5 Prevention for Home and Land from being Adverse possession.

Anyone who has lands, buildings or houses with no residents for a long time and hasn’t been checking the condition of that house or land for a long time needs to be careful. Even though you have Title Deed, it is not the guarantee that the land will be yours forever because Adverse Possession may occur if there is someone living in our houses or land for over 10 years. What should we do to prevent this? Let’s find out!

What is Adverse possession?

Adverse possession is the legal acquisition of our assets for a consecutive period,(10 years for a house or land and 5 years for other property) which will allow that person to acquire property under Article 1382 of the Civil and Commercial Code which states:

“Any person who possesses another’s property with peace and openly with the intention of owning it. If it is real estate owned for 10 consecutive years, if it is chattel owned for 5 consecutive years, you say that the person has ownership.”

However, the ownership or ownership of the land would be incomplete without having been registered with the authorities. The adverse possession owner must apply to the court for a judgment that the adverse possession owner has legal rights to the land. After that, the land registry office must operate to change the name of the original owner to the name of the new owner.

The outlaw land such as S.K.1 Land, Nor Sor 3 land, or Nor Sor 3 A Land, or no evidence, the adverse possession cannot be claimed.

If we don't want our land to be in adverse possession, what do we do?

1. Regularly check the land that you have

Especially if we have empty land that doesn’t make any use of it to keep no one trespassing or possessing our land. One way to help is you ask the person next door or the neighborhood next door to look at it. With a short agreement that you will pay them at the appropriate price in case you don’t have time to go see it often.


2. Put up a sign or fence to make it clear that the land is owned

It should be labeled or put up a sign at the front of the land that it is private property, prohibited from trespassing on or prohibiting possession, and the owner’s name may be clearly stated, or if you want to make it more obvious, a fence could be built around the land lot to prevent outsiders from encroaching on the land.


3. Pay taxes on land or on properties

Paying tax on land or properties legally or taking other actions to keep our records with the Department of Land or government agencies will help remind us that we own this land, such as applying for land measurement with the authorities or submitting a copy of the Title Deed as a landowner, etc.


4. Immediately object or argue if someone else claims to own it

When there is an unauthorized possession of our land, object or dispute immediately. In case the occupant is willing to move out, it is fine but if they want to continue using the land, make a lease on the land from us, or if they can’t agree to move out, it is recommended that the landlord should take legal action.


5. The owner has the right to fight on the land if there is no judgment that the person is granted yet

As long as the court doesn’t reach a final verdict on who has the right to own the land, the owner of the Title Deed still has the right to continue fighting in court until a decision is made.

Thus, if anyone buys empty land, abandoned houses, or buildings, and rarely checks up on them. You must be extra careful. You may go to see or make use of that land to prevent the adverse possession which has been controversial for a long time in Thailand.

related articles