What is Servitudes?
Servitude is practically a registered “right of way” that is given to a dominant property that benefit from the servient property, who is burdened by this right of way.
In common law terms servitude is usually described as an “easement”. For example, if property A has a house located adjacent to property B, however, in order to get or property B, the property B tenants has to pass through property A’s walkway, a servitude will be needed to grant the right of way.
The right of servitude basically secures access to the public road.
Servitudes in Thailand Law
Servitudes in Thailand are governed by the Thai Civil Law and Commercial Code sections 1387 to 1401. Section 1387 of the Thai Civil and Commercial Code states that “An immovable property may be subjected to a servitude by virtue of which the owner of such property is bound, for the benefit of another, to suffer certain acts affecting his property or to refrain from exercising certain rights inherent in his ownership”.
Servitudes are generally not difficult to register but are not a common occurrence.
Servitudes can put several kinds of burdens or restrictions on a neighboring property, such as usage of a neighboring water well, or defining restrictions on private structures.
If there is refusal to register such by the Registrar at the Land title office, it may be necessary to make an application in court. Be sure to contact a lawyer or solicitor if a situation as such arises so as to be aware of what options you have available to you.