Servitudes

common terms

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Servitude is essentially a 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 next to property B, however, in order to get or property B, the property B tenants has to pass through property A’s walkway. In this scenario, the right of way is called the servitude in Thailand, or an easement in common law terminology. Servitudes in Thailand are governed by the Thai Civil and Commercial Code sections 1387 to 1401 with section 1387 stating that servitude is, '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 immovable property, to suffer certain act affecting his property or to refrain from exercising certain rights inherent in his ownership'

Servitudes in Thailand are generally not difficult to register, however are not a common occurrence. However, if there is refusal to register such an interest for the dominant, 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.