Understanding servitudes in Thailand needs the help of a property lawyer. Phuket island is seeing more servitudes registered as it becomes filled with more property each year. What does the law say. Speak to a lawyer in Phuket before you sign any documents in Thailand.
Thai law views property as a dominant property and a servitude property. In terms of Thai law the owner of the dominant property cannot increase the burden of the servitude property simply because he views it as his right. The law would view this as an abuse. Simple put as an example, you have a property with a dirt road running across your property under a servitude. The dominant property tomorrow might decide that they want to increase their factory space and now needs to change the servitude of the dirt road to that of a triple lane tarred road. This would be disputed in court as it would view the dominant property abusing the servitude property. As always, these are examples and it is always wise to speak to a property lawyer in Phuket or in Thailand with regards to servitude's and the law.
The law does allow the dominant property owner to make changes to preserve the servitude or servitude road as above. The question comes to the fore as to what the courts would view as being reasonable and within the law of servitude properties. You could also provide the dominant property with an alternative at your own expense. This involves say, moving the road to a different part of your property which both parties can agree on. In terms of buying property in Phuket or Thailand for that matter with a servitude. If a servitude is not used within 10 years, the servitude falls away. The question might arise as to what and who decides what the term means. Most times the courts would decide if this lapse of the servitude has occurred.
Speak to any of our property lawyers in Phuket with regards to servitude's and the use of them in Thailand especially now in Phuket with its booming property market. Speak to us today via our toll-free US or UK telephone numbers or speak to us via our chat messenger.