Property Disputes
& Resolution In Thailand

Property Disputes & Resolution in Thailand

Property Disputes & Resolution In Thailand


Juslaws & Consult handles a wide range of property disputes for their clients in Thailand. They handle litigation and get resolution for a diverse range of disputes including boundary and easement disputes as well as major cases involving title companies in sophisticated policy coverage issues.

Here are some other situations where we could be of assistance:

  • Claims of Escrow Negligence
  • Real Assets Disputes
  • Foreclosures of Mortgages
  • Land Contracts & Transfer
  • Leasehold Disputes
  • Construction Contract Disputes
  • Disputes Relating to Purchase Agreements
  • Financing
  • Land Use and Zoning
  • Property Management
  • Appraisals and the Environment
  • Habitation, Superficies, Usufruct
  • Mortgage
  • Neighbor Disputes

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 is 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 a 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 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. Landlord and Tenant


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 no option to renew, although lessor may consider it.

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 property made by someone that has been residing at that property for a period of 10 years or more. In this scenario, the land owner 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.

Summary


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 quite common particularly when foreigners buy property in Thailand. Unfamiliar with the Thai language and Thai laws, property disputes often arise from miscommunication, misunderstandings, misrepresentation of facts or in cases of outright deceit. According to the Consumer Protection Board, complaints against real estate development companies are on the rise, due to misleading advertising, substandard materials and workmanship and delays in construction.

Juslaws & Consult specializes in all kinds of litigation with a particular focus on property disputes and usually with favorable resolution for their clients in Thailand. It would be our pleasure to assist you in any real estate matters, so do not hesitate to contact us at our Bangkok or Phuket offices so that we can get to work for you.

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