Property and Real Estate Disputes in Thailand

Property and real estate disputes in Thailand are governed by a codified civil law system, with the Civil and Commercial Code (CCC) serving as the primary source of substantive law. These disputes may arise from ownership conflicts, boundary encroachments, defective title transfers, lease violations, inheritance disagreements, or condominium management issues. Thai courts have well-established procedures for resolving such matters, often requiring a combination of documentary evidence, land registration records, and expert testimony.

Foreign nationals involved in Thai property—either as investors, long-term lessees, or co-owners—must be especially cautious, given legal restrictions on land ownership, nuances in title deed classifications, and the risk of informal agreements that lack enforceability under Thai law.

This article provides a detailed legal analysis of the types of real estate disputes commonly encountered in Thailand, applicable laws, court procedures, evidentiary requirements, and enforcement mechanisms.

1. Legal Framework Governing Real Estate Disputes

1.1 Core Statutes

• Civil and Commercial Code (CCC) – Book IV (Property) and Book III (Obligations)

• Land Code B.E. 2497 (1954)

• Condominium Act B.E. 2522 (1979)

• Land Development Act B.E. 2543

• Land Readjustment Act B.E. 2547

• Land Title Deed Regulations under the Department of Lands

1.2 Competent Authorities

• Land Department (กรมที่ดิน) – administrative agency for registration and title issues

• Civil Court / Provincial Court – adjudicates ownership and contractual disputes

• Administrative Court – for disputes involving state actions (e.g., land expropriation)

• Condominium Juristic Person Committees – handles co-ownership and common property issues

2. Common Types of Property and Real Estate Disputes

2.1 Ownership and Title Conflicts

• Disputes over rightful ownership due to:

  • Double-sale transactions

  • Forged signatures in title transfer

  • Fraudulent title issuance (e.g., fake Chanote titles)

  • Competing claims by co-heirs or surviving spouses

Remedy: Quiet title action (Section 1336 CCC) or nullification of fraudulent transfers under Section 172 of the CCC

2.2 Boundary and Encroachment Disputes

• Arise when one party’s building, fence, or crops encroach on neighboring land

• Boundary lines must be proven through:

  • Official land survey records

  • Chanote deed coordinates

  • Witness and expert surveyor testimony

Remedy: Injunction, demolition order, or damages under Section 1310 of the CCC

2.3 Breach of Sale or Lease Contracts

• Seller refuses to transfer title after full payment

• Buyer defaults on installment plan

• Disputes over enforceability of long-term leases, especially those unregistered

• Breach of renewal or termination clauses in lease agreements

Remedies:

• Specific performance (Section 213 CCC)

• Termination and return of payments

• Damages for breach of contract (Section 420 CCC)

• Court order for registration of ownership transfer

2.4 Co-ownership and Partition Disputes

• Typically arise between:

  • Heirs inheriting a jointly owned plot

  • Unmarried couples who co-invested without clarity on ownership proportions

  • Business partners dissolving a joint venture

Remedy:

• Petition for partition under Section 1350 CCC

• Forced sale and division of proceeds

• Declaratory judgment clarifying ownership percentages

2.5 Condominium Disputes

• Conflicts between co-owners and the juristic person over:

  • Misuse of common areas

  • Unfair collection of maintenance fees

  • Lack of transparency in accounting

  • Invalid resolutions passed in co-owner meetings

Remedies:

• Annulment of resolutions (if passed contrary to the Condominium Act)

• Court order for accounting or financial audit

• Injunction against improper use of facilities

2.6 Inheritance and Succession Disputes

• Disputes over:

  • Inheritance rights to real estate in intestate succession

  • Invalid or contested wills

  • Secret transfers of land by a deceased person before death

  • Spouses or children excluded from property division

Remedy:

• Petition under the Inheritance Chapter of the CCC (Sections 1599–1755)

• Caveats registered at the Land Office to prevent unauthorized transfers

• Appointment of estate administrator by court order

3. Procedural Steps for Property Disputes in Thai Courts

3.1 Filing of Complaint

• Plaintiff must submit:

  • Details of property (with deed number, location)

  • Supporting evidence (contracts, title deeds, correspondence)

  • Specific relief requested (e.g., transfer, damages, injunction)

3.2 Court Hearing and Evidence Presentation

• Thai courts rely heavily on written documents

• Common evidence includes:

  • Chanote or Nor Sor 3 Gor

  • Photographs, survey maps, satellite imagery

  • Witness testimony (including neighbors, land officers)

  • Expert opinions (land surveyors, engineers)

3.3 Injunctive Relief

• Temporary injunctions (Section 254 Civil Procedure Code) may be granted to:

  • Prevent sale or transfer

  • Halt construction or encroachment

  • Freeze assets pending judgment

4. Enforcement of Judgments

4.1 Legal Execution Department (LED)

Responsible for:

• Evictions

• Demolitions of illegal structures

• Title transfers upon court order

• Seizure and auction of land or buildings

Execution requires a final court judgment and may take several months depending on the complexity and resistance by the losing party.

5. Time Limits and Prescription Periods

Land possession can also create prescriptive rights (Section 1382 CCC), allowing someone to acquire ownership through adverse possession for 10 years, under specific conditions.

6. Special Considerations for Foreign Parties

6.1 Legal Standing

• Foreigners may sue or be sued in Thai courts

• Must act through a licensed Thai attorney

• Foreign-language documents must be translated and certified

6.2 Nominee Structures and Ownership Disputes

• Use of Thai nominees in land-owning companies is illegal (Section 96 bis of the Land Code)

• May lead to revocation of ownership and criminal prosecution

Courts may pierce the corporate veil if evidence shows the Thai company is a proxy for foreign control.

7. Alternative Dispute Resolution (ADR)

• Court-annexed mediation is mandatory in most civil cases before trial

• Arbitration may be used if there is a valid arbitration clause (common in foreign investor contracts)

• Condominium Act allows internal dispute resolution mechanisms under juristic person rules

8. Prevention and Risk Management

While litigation is available, it is better to avoid disputes through:

• Proper title and contract due diligence

• Registration of long-term leases and usufruct rights

• Use of witnessed and translated contracts

• Avoidance of nominee ownership structures

Conclusion

Property and real estate disputes in Thailand involve a complex interplay of land law, contract principles, inheritance rules, and procedural safeguards. While Thai law provides robust mechanisms for adjudicating and enforcing property rights, success in court depends on documentary evidence, legal structuring, and compliance with land registration protocols.

Foreigners and Thais alike must carefully structure their ownership and contractual arrangements to ensure enforceability and avoid disputes. When conflicts arise, parties should be prepared for a formal legal process, supported by evidence, and often guided by expert testimony and land department records.