Property and Real Estate Disputes in Thailand

Property and real estate disputes in Thailand arise in various contexts, including ownership challenges, boundary conflicts, defective title claims, contractual breaches, and encumbrance disputes. These matters are adjudicated primarily under the Civil and Commercial Code (CCC), the Land Code B.E. 2497 (1954), and specialized legislation such as the Condominium Act B.E. 2522 (1979). Jurisdiction lies with the Civil Courts or, in certain cases, the Administrative Court or Intellectual Property and International Trade Court (IP&IT) (for foreign arbitral enforcement involving property).

II. Legal Framework

III. Common Types of Property Disputes

1️⃣ Title Deed Disputes

• Claims of fraudulent or void title issuance (e.g., encroachment on state land)

• Conflicting or overlapping title deeds (common in rural provinces)

• Petitions to revoke title under Section 61 of the Land Code

• Disputes over boundary demarcations

2️⃣ Contractual Disputes

• Breach of sale and purchase agreements (failure to transfer title, failure to pay)

• Disputes over defective land or condominium delivery

• Failure to register long-term leases or superficies rights

3️⃣ Encumbrance and Mortgage Issues

• Foreclosure and debt recovery actions

• Priority of competing registered mortgages

• Disputes over unregistered encumbrances or easements

4️⃣ Co-Ownership and Partition

• Partition of jointly owned land or condominium units

• Disputes among heirs over inherited property

• Disputes in joint venture land developments

5️⃣ Construction and Development Disputes

• Claims related to defective construction or non-compliance with building codes

• Disputes over right to build on leased or superficied land

• Zoning law and environmental impact challenges

IV. Procedural Paths and Court Jurisdiction

Disputes involving government decisions (e.g., title revocation, expropriation) must follow the Administrative Procedure Act’s pre-litigation complaint process.

V. Procedural Considerations

Burden of Proof

• The plaintiff must establish title rights or contractual breach by clear evidence.

• Certified land office records, Chor 2 maps, and registered deeds are crucial.

• Surveyor testimony is often needed in boundary disputes.

Evidence

• All foreign documents must be translated into Thai and certified.

• Photographs, expert reports (engineers, valuers), and title history form critical evidence.

Provisional Measures

• Court-ordered sequestration or injunctions available under the CCC

• Provisional seizure of property pending judgment in urgent cases

VI. Administrative Remedies for Title Disputes

Where a title is suspected of invalidity (e.g., fraudulent issue on public land):

• A petition may be filed with the Director-General of the Department of Lands.

• The Ministry of Interior may revoke the title under Section 61 of the Land Code.

• The affected party can challenge or appeal decisions at the Administrative Court.

VII. Dispute Resolution Clauses and Arbitration

Although Thai law recognizes arbitration clauses:

• Real estate contracts rarely include arbitration unless linked to foreign developers or investors.

• Thai courts retain jurisdiction over disputes involving land and immovable property rights under Thai law, even if an arbitration clause exists, if enforcement of land-related rights is at issue.

VIII. Limitation Periods

It is essential to act promptly to avoid prescription of claims.

IX. Risks and Practical Challenges

• Overlapping titles: Particularly in areas where full cadastral surveys are incomplete.

• Encroachment into forest reserve or public land: Titles can be voided after years of possession.

• Fraudulent title upgrades: Titles converted improperly from possessory documents (e.g., Nor Sor 3 to Chanote).

• Good faith transferees: Buyers may have limited recourse if they relied solely on title deeds without full due diligence.

X. Enforcement of Judgments

Enforcement of civil court judgments relating to property may include:

• Court-ordered registration of title transfer or lease

• Auction of land through the Legal Execution Department in foreclosure cases

• Injunctive relief (e.g., ordering cessation of encroachment)

Foreign judgments regarding property rights cannot be directly enforced; fresh litigation in Thai court is required, with the foreign judgment as persuasive evidence.

XI. Conclusion

Property and real estate disputes in Thailand require careful navigation of the land registration system, procedural rules, and government authority interplay. Successful resolution hinges on thorough documentation, precise procedural compliance, and awareness of Thailand’s dual civil and administrative channels.

In advising clients or litigating these matters, practitioners should:

• Conduct comprehensive title due diligence

• Verify zoning, encumbrances, and public land status

• Prepare for multi-year litigation in complex cases

• Consider alternative dispute resolution where appropriate