Court Opinion (No. 677) 2007
Mrs. Payoun Keawketthong et al. vs. Mr. Kamol Tanangsanakul by acting representatives Mr. Koukert Tanangsanakul et al.
Re: Adverse Possession of Land
Adverse possession of the Thailand real estate of another person, permitted according to section 1382 of the Civil and Commercial Code, is subject to possession of land with a title deed only and based on the condition that the trespasser must have resided on the land for a continuous period of 10 years or more.
Government authorities issued a title deed for the land of the five plaintiffs for the first time on 8 May 1996. The defendants (who had resided on the land for a period of time) filed a counterclaim on 6 Nov 1997, but were not entitled to ownership of the land, as they had possessed the land for a period of less than 10 years (from the issuing of the plaintiff's title deed).
The defendants cannot be granted ownership of land by calculating the period of land possession from the period prior to the issuing of the title deed, as the adverse possession of another person's land, according to law, is subject to land with a title deed.