Land Title & Real-Estate Dispute

ทนายคดีที่ดินและอสังหาริมทรัพย์ · § Litigation
Quick Answer
Adverse possession 10 yrs (title deed) / 5 yrs (Nor Sor 3) · eviction suits · title revocation · easement of access & drainage.
Timeline: Cadastral survey 3–6 months · First instance 12–18 · Appeal + Supreme 24–36 months
Official fee: Court fee 2% of appraisal value · Survey THB 3,000–15,000/plot · Case-disposal fee 0.5%
Legal Basis
Land Code + Civil & Commercial Code Book 4 (Property) + Land Development Act B.E. 2543, plus Supreme Court precedents on easements and adverse possession.
Who Needs This
Titleholders facing encroachment, buyers hit by mortgage foreclosure, heirs seeking partition.
Required Documents
- Land title deed + parcel map
- Land Office survey report
- Historical aerial imagery (Google Earth Timeline)
- Sale contract / will / gift deed
Common Pitfalls
- Adverse possession requires open, peaceful, continuous use for 10 yrs — concealed occupation doesn't count
- Necessary passage (§1349) differs from easement (§1387) — compensation rules differ
- SPK land is non-transferable; sale contracts void, in pari delicto bars recovery
Typical Use-cases
- Homeowner suing neighbor over 30cm roof encroachment
- Home buyer vs developer over undisclosed mortgage
- 4 heirs suing to partition 20-rai inherited land
FAQ
- Adverse possession on state land?
- Impossible — Crown property, temple land, and public land are immune.
- Lost title deed — what to do?
- Police report + application at Land Office · 30-day publication · fee THB 75 + publication cost.
- Undivided inherited land — who manages?
- All heirs are co-owners. Any one may manage and collect proceeds but must share proportionally. Sale requires unanimous consent.
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Official sources — legal services
The information on this page follows the official sources below. Always check the latest version before you file.
- สำนักงานศาลยุติธรรม— Office of the Judiciary
- กระทรวงยุติธรรม— Ministry of Justice
- สภาทนายความในพระบรมราชูปถัมภ์ — ทนายความผู้ทำคำรับรองลายมือชื่อและเอกสาร— Lawyers Council of Thailand
- สำนักงานคณะกรรมการกฤษฎีกา — ฐานข้อมูลกฎหมายไทย— Office of the Council of State
- ราชกิจจานุเบกษา — ประกาศและกฎหมายที่มีผลบังคับ— Royal Thai Government Gazette
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Frequently asked questions
- Can a foreigner own 100% of a Thai company?
- Generally no for activities listed in the Foreign Business Act, where majority foreign ownership requires a Foreign Business Licence, a BOI promotion, or treaty rights such as the US–Thailand Treaty of Amity. Manufacturing and certain export activities are largely open, and BOI-promoted activities can permit full foreign ownership together with land-holding and visa privileges, so the right structure depends on the specific activity.
- What is the minimum registered capital for a Thai company?
- There is no general statutory minimum for a Thai-majority company, but practical thresholds apply: THB 2 million of paid-up registered capital per foreign work permit, or THB 1 million if the foreigner is married to a Thai national, and THB 3 million per foreign shareholder for a Foreign Business Licence. Capital should therefore be planned around the visa and work-permit outcome you need, not the incorporation minimum.
- How long does company registration take?
- Registration at the Department of Business Development can be completed within one to three working days once the name reservation, shareholder documents and company objectives are ready, and the VAT registration and social security registration follow afterwards. The realistic end-to-end timeline including bank account opening is two to six weeks, with the bank account usually being the slowest step for foreign directors.
- What ongoing accounting obligations does a Thai company have?
- Every Thai company must keep statutory accounts, file monthly withholding tax (PND 1, 3, 53) and VAT (PP 30) returns by the middle of the following month, file the half-year corporate income tax return (PND 51) and the annual return (PND 50), and have its financial statements audited by a Thai CPA and filed with the DBD each year. Dormant companies are not exempt — nil returns and an audited statement are still required.






