Servitudes in Thailand. A servitude (praedial servitude / easement) in Thai law is a real right attached to land that allows one immovable property (the dominant estate) to obtain certain benefits over another immovable property (the servient estate). Common examples are a right of way, drainage channels, or utility access. Servitudes are statutory real rights with clear rules on how they are created, registered, enforced and extinguished — so proper drafting, registration and evidence are essential for enforceability.
Statutory basis and basic characteristics
Servitudes in Thailand are governed by the Civil and Commercial Code (the relevant chapters define servitudes and related principles). The legal hallmark is that the right runs with the land: it benefits future owners of the dominant estate and burdens future owners of the servient estate until it is lawfully extinguished. Thai servitudes may require the servient-owner to permit certain uses (e.g., passage) or to refrain from exercising rights (e.g., building in a way that blocks water flow).
Types of servitudes you will encounter
Although practice can vary, the most common servitudes are:
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Right of way / passage (vehicle or pedestrian access for landlocked lots).
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Drainage / water flow servitudes (allowing runoff or irrigation channels to traverse neighboring land).
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Utility servitudes (rights to install and maintain pipes, cables, drains).
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Light, view or construction-restriction servitudes (limits on building that would harm the dominant estate).
Practitioners and firm guides list access, drainage and utilities as by far the most frequently litigated or registered servitudes in Thailand.
How servitudes are created
Thai law recognizes several creation mechanisms — the choice affects proof, registration and priority:
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Contract (express grant) — the servitude is created by agreement between landowners and recorded in a written deed; this is the cleanest method and is commonly registered at the Land Department to give public notice and strengthen enforceability.
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By will/testament — an owner may impose a servitude by testamentary disposition that binds successors.
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By operation of law — servitudes may arise under specific statutes (for example public authorities creating utility corridors).
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By prescription / long use — long, uninterrupted, peaceful and open use of land in a way consistent with a servitude can found a prescriptive right after the statutory period. Evidence of continuous use, and notice to the servient owner, is essential for proof.
Contractual creation with later registration is the most secure practical route.
Registration, priority and effect on title
Although a servitude is a real right, registration at the Land Department is crucial in practice. Registered servitudes are noted on the title deed (chanote/por. sor. 4 etc.), thereby giving constructive notice to third parties and making enforcement against later purchasers straightforward. An unregistered servitude may still bind parties who had actual notice, but proving notice and enforceability is harder — especially against innocent bona fide purchasers. For marketable-title and financing purposes, lenders and conveyancers typically insist on registration.
Rights and obligations (servient vs dominant owner)
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Dominant owner: right to use the servient land in the prescribed manner; must use the servitude reasonably and avoid unnecessary damage.
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Servient owner: duty to tolerate the specified use (or refrain from prohibited acts); entitled to compensation for proven damage or loss caused by the servitude (unless otherwise agreed).
Courts balance the dominant owner’s right against the servient owner’s ownership interest — the servitude must be exercised with minimal interference and, where appropriate, compensation or maintenance rules will apply.
Compensation, maintenance and alteration
If establishing a passage or installing utilities causes physical loss (e.g., cutting into land, damaging crops), the dominant owner or the party who creates the servitude normally must compensate the servient owner. Similarly, maintenance responsibilities — who repairs a right-of-way surface or clears a drainage channel — should be spelled out in the agreement; failing that, courts use reasonableness standards to allocate maintenance duties. Agreements commonly include express cost-sharing or repair regimes to avoid disputes.
Extinguishment and scope limits
Servitudes end in several ways:
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By express release (the dominant owner releases the servitude).
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By merger (if the same person acquires both dominant and servient estates).
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By abandonment (long non-use with an intention to relinquish).
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By expiration (where the servitude was granted for a limited time) or by court order if the servitude is abused or becomes impossible.
Note: changes in the servient land (e.g., urban redevelopment) do not automatically eliminate the servitude unless the use becomes impossible or impractical. Courts will usually adapt the servitude to modern conditions where reasonable.
Common disputes & judicial approach
Typical disputes include contested location or width of a right of way, excessive use by the dominant owner (e.g., using a pedestrian easement for heavy vehicles), or failure to maintain. Thai courts evaluate the original grant, the nature and intensity of historical use, and the need to balance interests — awarding injunctions, damages or ordering re-location or compensation where appropriate. Documentary evidence (the registered deed, cadastral maps, photos, witness statements) is decisive.
Drafting tips & practical checklist (for practitioners and owners)
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Describe precisely: locate the servitude on a plan, give GPS or survey measurements, and state permitted uses (pedestrian, vehicle, utilities).
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Specify maintenance & costs: who repairs, frequency, and cost-sharing.
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Include compensation rules: formula or method for calculating damages when works are required.
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Set dispute resolution: mediation/arbitration clauses and courts for enforcement.
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Register at the Land Department: attach survey plan and register the servitude on title.
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Consider future proofing: include amendment process for changing technology (e.g., larger utility conduits).
These measures significantly reduce litigation risk and give market confidence to buyers and lenders.
Practical example (right of way)
A typical deed will: identify dominant and servient titles; reference a laned plan with dimensions; allow vehicular access “for the benefit of Lot A over Lots B and C” subject to a 3-metre width, require Lot A’s owner to maintain the surface and indemnify Lot B for any damage, and provide for annual nominal compensation. Registering that deed places the servitude on the title and prevents a later purchaser of Lot B from denying access. Sample forms and templates are widely available from Thai conveyancers but must be tailored and surveyed precisely.
Conclusion
Servitudes are powerful, practical tools in Thai property law that allow landlocked parcels to access roads, utilities to traverse land, and drainage schemes to function. Because they are real rights, proper creation (preferably by contract), precise drafting, and registration are essential. When dispute arises, courts protect the reasonable exercise of servitudes while guarding servient owners against excessive interference — and well-drafted agreements that allocate compensation and maintenance usually avoid court intervention. If you are dealing with access, drainage or utility rights in Thailand, instruct a surveyor and qualified conveyancing lawyer to draft, register and record the servitude correctly.
