Servitudes in Thailand. Thailand’s property market beckons with its beautiful landscapes, vibrant cities, and potential for investment. But before diving into your dream purchase, it’s crucial to understand servitudes, a concept impacting property rights in Thailand.
What are Servitudes?
In essence, a servitude is a legal right granted to the owner of one property (dominant property) to utilize another property (servient property) in a specific way. Imagine property A has no direct road access, needing to use a pathway on property B to reach the main road. In this scenario, a servitude would grant property A the right of way across property B.
How are Servitudes Established?
Servitudes can be established in a few ways:
- By Law: Certain legal requirements, like access to public roads, might automatically create a servitude.
- By Agreement: Neighbors can establish a servitude through a written agreement, outlining the rights and limitations for both parties.
- By Prescription: If, for a prolonged period, one property enjoys a benefit from another without objection, a servitude might be established by prescription.
Why are Servitudes Important?
When considering a property purchase, servitudes are vital for several reasons:
- Impact on Use: A servitude can limit how you use your land. An overhead power line servitude, for example, may restrict building certain structures.
- Affecting Property Value: The existence of a servitude can potentially decrease the value of your property, especially if it significantly restricts usage.
- Future Considerations: If you plan to sell your property, a servitude might deter potential buyers.
How to Check for Servitudes
A thorough due diligence process is essential before purchasing property in Thailand. Here’s how to check for servitudes:
- Title Deed Review: A lawyer can examine the title deed to identify any registered servitudes on the property.
- Land Department Check: A physical inspection of the land department records might reveal additional servitudes not reflected on the title deed.
- Neighbor Inquiry: Talking to your neighbors can provide valuable insights into any informal or historical servitudes affecting the property.
Navigating Servitudes
If a servitude exists on your desired property, don’t be discouraged. Here are some options:
- Negotiate the Price: Considering the limitations imposed by the servitude, you might negotiate a lower purchase price with the seller.
- Seek Modification: In some cases, it might be possible to modify the servitude through an agreement with the owner of the servient property.
Conclusion
Understanding servitudes empowers you to make informed decisions when buying property in Thailand. By carefully investigating and considering the impact of any existing servitudes, you can ensure your dream property aligns with your plans for the future.
