Servitudes in Thailand. When purchasing property in Thailand, especially land, encountering the concept of “servitudes” is likely. Servitudes, also known as easements, establish a legal relationship between two parcels of land, granting specific rights to one property (dominant property) over another (servient property). Understanding servitudes is crucial for ensuring a smooth property ownership experience.
The Essence of Servitudes
Imagine property A with a house nestled behind property B, lacking direct access to a public road. A servitude granted by property B could give property A the right of way to access the road through a designated path on property B. This exemplifies how servitudes benefit the dominant property (property A) by limiting the rights of the servient property (property B) for the dominant property’s advantage.
Types of Servitudes
There are several types of servitudes recognized under Thai law, including:
- Right of Way: This type of servitude grants the right to pass through another person’s property to access one’s own property. It is common in cases where landlocked properties need access to public roads.
- Right to Light and Air: This servitude ensures that neighboring properties have access to natural light and air. It prohibits property owners from constructing buildings or structures that block sunlight or ventilation to adjacent properties.
- Right of Support: This servitude protects the structural integrity of buildings by preventing neighboring property owners from excavating or building in a way that undermines the stability of adjacent structures.
- Right of Drainage: This servitude allows property owners to discharge water onto neighboring properties or requires them to accept drainage from adjacent properties.
Impact on Property Value
The presence of a servitude can affect property value. A right of way across your land might decrease its value, while access to a shared well on a neighboring property could increase yours.
Importance of Due Diligence
Before finalizing a property purchase, conducting thorough due diligence is essential. This involves verifying the existence of any registered servitudes on the title deed. A lawyer specializing in Thai property law can assist in scrutinizing the title deed and potential servitudes, ensuring you understand any limitations on your property rights.
Conclusion
Servitudes are an integral part of property law in Thailand, governing the rights and obligations of property owners and neighboring landowners. Understanding the types and implications of servitudes is essential for property owners to protect their interests and avoid legal disputes. Consulting with a knowledgeable legal advisor can provide valuable guidance on servitudes and their impact on property rights in Thailand.