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Servitudes in Thailand

As a foreigner, it is difficult, if not impossible, for you to buy land and use it for any lawful purpose you intend, but you can achieve a similar outcome by securing servitude rights of a leased property. However, given the complex nature of Thai law, obtaining a right of servitude can be complicated without a thorough understanding of the basics, and going into the process carelessly may give rise to disputes or unenforceable rights.

This page will help you learn more about servitudes in Thailand, the legal framework governing servitudes under Thai law, and how to use or terminate this legal right.

What Are Servitudes?

A servitude is a registered right of way that lets one property (known as the dominant property) benefit from another that is currently being burdened (known as the servient property). A right of servitude usually involves two or more separate properties, with the benefits going to the dominant one.

A registered right of servitude is often essential for granting access or usage rights that one property cannot enjoy without relying on another. For example:

• You own or lease land that is surrounded by other plots of land, blocking free access to a public road.
• By registering a servitude over the adjoining plots of land, this ensures your legal right of access through the servient property.

In common law terms, servitude is also described as an "easement." For instance, a servitude can enable utility easements for the owner of a dominant property by allowing them to use power lines or water pipes on the servient land.

Servitudes in Thai Law

Servitudes in Thailand are governed by (TCCC). Section 1387 clarifies that an immovable property may be subjected to a servitude, meaning the owner must permit certain uses of the property or refrain from exercising specific ownership rights, all for the benefit of the dominant property.

However, while you can enjoy all the benefits as the owner of a dominant property, you must exercise the servitude in the least burdensome way for the servient property.

You can secure servitudes in Thailand through one of two ways:

• The most common method is to register an agreement with the Thai Land Department, provided the terms state the rights and limitations of the servitude. 
• You can also create a servitude via a prescription without needing to register an agreement. Here, the servitude is established through prolonged, uninterrupted use, usually over 10 years.

Servitude Risks in Thailand

While there are multiple benefits you can derive from a servitude, it also carries certain risks, particularly for the property it is burdening. Servitudes can place certain restrictions on the servient property, such as limiting the use of neighboring water wells or preventing certain types of construction.

The burdened property may decrease in value or utility, while the dominant property benefits. Therefore, it is always important to check if a property is burdened by a servitude before purchasing it.

Disadvantages of Not Getting a Servitude

While there are multiple risks associated with a servitude, not obtaining one can also put you at a significant disadvantage. As highlighted above, certain lands can be arranged in a way where access to a public road or transport is only through someone else’s property. Without a servitude, you may risk having no legal access, exposing you to potential criminal liability or civil claims related to trespassing or destruction of property.

Not having formal access to parts of your property also reduces its value, making it harder to sell. Ä¢¹½ÊÓƵ disputes can also break out between you and your neighbors over access or usage rights, which can also be harder to resolve.

Right of Servitude in Thailand FAQs

How Are Servitudes Terminated in Thailand?

Even if servitude rights have been granted, they may be extinguished under certain circumstances. Servitudes can be terminated in the following ways:

• The servient or dominant property is demolished
• The servitude has not been exercised for at least 10 years
• The servitude stops benefiting the dominant property

Can the Owner of a Servient Property Benefit from a Servitude?

Although the servient property is subject to obligations, its owner may also derive certain benefits from the use of a servitude. If the owner acquires certain gains from the servitude, they must pay part of the expenses required to maintain the property based on the benefits they receive.

What Happens if a Property is Divided While a Servitude is Active?

If a property is subdivided, whether it is the dominant or servient property, the servitude remains active. It still benefits each section of the dominant property and burdens each part of the servient one. If it cannot be used for a certain part, the owner can ask to be released from the servitude for that section.

Can You Lease Land as a Foreigner in Thailand?

Yes, even though Thai law usually restricts foreign ownership of land, you can still acquire usage rights by signing a lease and then getting servitude rights. Land leases in Thailand can have a maximum duration of 30 years with the possibility of renewal.

Can You Build a House on Leased Land in Thailand?

Yes. If you hold a valid construction permit and your lease remains active, you may build a house on the leased land. Although Thai law usually prevents foreigners from holding ownership rights to properties such as houses and villas, this rule makes an exception if the land on which it is built has been leased.

You can own a structure built on leased land legally in your name, though you may need servitude rights if this land borders other properties and you need to share utility or road access.

Professional Assistance in Securing Servitude Rights in Thailand

Entering into a lease or servitude agreement without a proper understanding of Thai property law can lead to the registrar at the Thai Land Office rejecting your request. However, you can avoid unnecessary complications and simplify the process by reaching out to Siam Ä¢¹½ÊÓƵ for professional guidance.

Our full-service law firm has been assisting foreigners in Thailand for over 20 years in purchasing real estate and becoming homeowners and investors. We have the expertise to perform due diligence to check whether a property you are purchasing is burdened by a servitude and help you make an informed decision about the transaction. We will also help you apply for and register a servitude if you want your property to receive the benefits.

Contact Siam Ä¢¹½ÊÓƵ today and book a consultation with our property lawyers to ensure that your property rights are protected and legally secure.