Real Estate in Thailand - Juslaws & Consult Co., Ltd
PRACTICE AREAS
Litigation

Real Estate in Thailand

Real Estate Disputes

We deploy a multidisciplinary approach to handle litigation for a diverse range of real estate clients. Our team handles a wide range of boundary and easement disputes and represents title companies in sophisticated policy coverage issues:

Claims of Escrow Negligence

General Disputes

Real Assets Disputes

Foreclosures of Mortgages

Land Contracts

Land Transfer

Leasehold Disputes

Construction Contract Disputes

Disputes Relating to Purchase Agreements

Option Agreements

Partnership Agreements

Development Agreements

Financing

Land Use and Zoning

Property Management

Appraisals and the Environment

Free Hold and Lease Hold

Habitation, Superficies, Usufruct

Mortgage

Neighbor Disputes

We render a comprehensive representation to real estate developers, commercial and institutional owners, and numerous established and growing businesses with real estate related needs. Real estate disputes in Thailand do arise. They may arise in serious of situations such as:

1. Unfinished Projects

This occurs in the event that there are condominiums, villas, houses, townhouses and any kind of residual or even business real estate are meant to be completed within a stipulated time as specified in a contract. If this occurs buyers will have recourse by Civil law as breach of contract and be able to demand that the project be finished within due course and/or the monies paid by the individual buyers be returned with full interest within a specified time period.

2. Ownership Disputes

This arises as a result of property disputes of ownership as there may be forgery of documentation when purchasing property or in a nominal structure. Although this is not a common occurrence, there are times when title deeds have been forged or signatures have been forged in order to sell a property and retrieve money that is not rightfully theirs to begin with. The buyers are then at a loss with not only a loss of money but nothing to gain from anything being paid. With this, sufficient evidence would be transfer slips, prior written and/or signed agreements, and identification and/or names of the fraudulent party or parties. It is always important to remember that no matter in what situation to always have track record of payments being made although the development or company may seem legitimate and well known.

3. Encroachment

This occurs when an owner of one property has built over their boundaries and have encroached onto another’s land. It is a common occurrence however mostly out in rural areas in Thailand as most of the area is agricultural land. There are times when houses are built upon these agricultural lands without the knowing of the exact boundaries, hence having to encroach upon another’s land or property. This also includes disputes that arise in the event of a high-rise building blocking the view of another high-rise building. This usually occurs in areas of beachfront property.

4. Easements

Easements are described as a right of way such as a passage or a pavement in which may be the property of another, however the right is needed to be utilized in order to get to another property as a right of way. In this event, there are some occasions where some parties act upon an action of trespass, whereas it may not be as it is essential to pass through their property to get to another. A Court of law will have to interfere in this instance in order to grant a right of easement.

5. Breach of Contract

Breach of contract may occur as per the sales and purchase agreement and disputes arising in relation to building specifications, payments, specific time period for obligation performance and any other specifications in the contract.

6. Landlord and Tenant

These arise due to common disagreements between the lessor and the lessee and rental term agreements in contract, more commonly arise in short term leases without a lease agreement in place. It is always essential to have a lease agreement in place. In Thailand, a lease term for three years or less do not have to be registered at the land department however, if they are for more than three years, they must be registered at the land department in order to be considered valid. The maximum lease term in Thailand is 30 years with no such option to renew however this may be incorporated only after the initial 30 years are over.

7. Trespass

Trespass is a private property has been entered into on treaded upon without the granting of permission from the property owner. In this event the law will uphold the property owner and claims may be taken over the trespasser for damages done or in the property. This will fall under a criminal offense.

8. Adverse possession

Adverse possession refers to a claim of property that someone has been residing for a period of 10 years or more. In this scenario, a land owner has abandoned their property and has not associated with it in any way for over 10 years. If someone has resided upon that property for the time period, if the real owner of the property is to return claiming his rights, he/she will have to prove that he did in fact not abandon the property and show ways that he/she was associated with the property in any way in order to have to property reverted back to the real owner. There are many other minor situations in relation to real estate disputes that may arise, however, some of these will go through the court process, however some may not. despite this, it is imperative that you know what your rights and obligations are in relation to property disputes in Thailand. Juslaws & Consult specialize in all kinds of litigation with particular focus on real estate disputes. We are here to assist you in any event so please contact us at our Bangkok or Phuket office for more information into your enquiry.

Real estate disputes – these are quite common particularly when foreigners buy property in Thailand. Disputes may arise due to language barriers, unlawful purchasing procedures or the dishonesty of sellers, for example. According to the Consumer Protection Board, complaints about real estate development companies are on the rise, involving misleading advertising, low quality workmanship and material, and delays in construction.

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CHRISTIAN MOSER

Partner

christian.moser@juslaws.com

+66 2254 4117

NITHIRAT CHAYAAPICHAT

Senior Associate

nithirat@juslaws.com

+66 7630 4353