Property and real estate disputes often arise from misunderstandings or the lack of cooperation between parties regarding a property matter. Juslaws & Consult specializes in resolving a broad spectrum of property-related disputes for our clients in Thailand. Our expertise extends to managing litigation and achieving resolutions in various scenarios, from boundary and easement disputes to complex cases involving title companies and sophisticated policy coverage issues.
We render a comprehensive representation to real estate developers, commercial and institutional owners, and businesses faced with real estate-related disputes including:
1. Unfinished Projects
Sometimes, condominiums, villas, houses, townhouses, and other kinds of residential or even commercial real estate are not completed within a stipulated time as specified in a contract. If this occurs buyers will have recourse with Civil law based on breach of contract and can demand that the project be finished at the agreed-upon time or the monies paid by the individual buyers be returned with full interest within a specified time period.
2. Ownership Disputes
There are times when title deeds have been forged or signatures have been forged in order to sell a property and retrieve money without authorization, leaving the unsuspecting buyers out of money with nothing in return. In such cases, evidence such as transfer slips and identity documents of the perpetrators may provide the possibility of recourse, but, proper real estate due diligence could have prevented the crime.
3. Encroachment
This occurs when the owner of property builds over his boundary, encroaching onto another's land. It is a common occurrence mostly in rural areas of Thailand involving agricultural land. Oftentimes houses are built in these agricultural areas in ignorance of the exact boundaries with encroachment resulting. A high-rise building blocking the view of another building is also a type of encroachment, especially with beachfront properties.
4. Easements
Easements are described as the right of way such as passages or pathways established on a property in order to gain access to another property. In some cases, a party may claim to be a victim of trespassing and that passage through their property is unnecessary and excessive. A Court of law will have to interfere in this instance in order to grant a right of easement or rule in favor of the plaintiff.
5. Breach of Contract
Breach of contract occurs when one party deviates from a written agreement. In Sales and Purchase agreements involving real estate, disputes may arise in relation to building specifications, payments, specific time periods, non-performance, or any other conditions or details outlined and agreed upon in the contract.
6. Lease Disputes
Disagreements between the lessor and the lessee commonly arise in short-term leases without a lease agreement in place. It is always preferable to have a lease agreement in place. In Thailand, lease agreements for three years or more have to be registered at the land department in order to be considered valid and enforceable. The maximum permissible lease term in Thailand is 30 years with an option to renew, although lessor may reconsider it in certain cases.
7. Trespassing
Trespassing is when private property is accessed without permission from the property owner. This illegal act is considered a criminal offense and the law favors the property owner who may make a claim against the trespasser for any damages done to the property.
8. Adverse Possession
Adverse Possession refers to a claim on the property made by someone that has been residing at that property for a period of 10 years or more. In this scenario, the landowner has abandoned their property and has not associated with it in any way for over 10 years. If someone has resided on that property during that time, and if the real owner of the property returns claiming his rights, the real owner will have to prove that they did in fact not abandon the property and show ways that they were associated with the property in order to have to property reverted back to them.
The disputes related to Property and Real Estate is not limited to the above mentioned causes, here are some other situations where we could be of assistance:
Major and minor real estate disputes often arise. Some may be resolved out of court, while others may not. In either case, expert legal advice and guidance will assure your rights are upheld to the highest degree.
Property disputes are notably frequent, especially among foreigners purchasing property in Thailand. Challenges arise due to the language barrier, unfamiliarity with Thai laws, miscommunications, misrepresentations, or even deceitful practices. The Consumer Protection Board notes an increase in complaints against real estate developers for reasons such as misleading advertising, use of substandard materials, poor workmanship, and construction delays.
Juslaws & Consult is proficient in all manners of litigation, particularly specializing in property disputes, often achieving favorable outcomes for our clients in Thailand. We welcome the opportunity to assist you with your real estate concerns. Please feel free to reach out to our offices in Bangkok or Phuket, and let us start working on your behalf.
