Bangkok Legal Service

Article 2. The Plaintiff and the Defendant purchased separate plots of developed land, adjacent to each other, intending to construct houses. Subsequently, they filled in portions of their respective land to increase its elevation. Upon completion of the Defendant’s house construction, the Plaintiff had the land surveyed in order to sell it to another party. It was discovered that the Defendant had filled in land encroaching upon the Plaintiff’s land, totaling 10 square wa, specifically, a structure constituting a kitchen encroached upon the Plaintiff’s land with an area of 3 square wa. The Defendant admitted to this encroachment and requested to purchase the encroached land; however, the Plaintiff refused to sell. The Plaintiff subsequently instructed the Defendant to demolish the encroaching structure, which the Defendant disregarded. The Plaintiff requested the demolition of all structures from the Plaintiff’s land and demanded 40 baht per month in damages, prohibiting the Defendant and their associates from being involved. The Defendant contested this claim, asserting that it had no intention to encroach; it constructed by paying compensation, allowing the Plaintiff to deduct it from the cost of filling in the land that the Defendant had to pay honestly. The Court finds the facts as stated. If the Court were to preside, it would rule in favor of the Plaintiff. The Court would order the Defendant to remove the fence from the Plaintiff’s land. The Defendant and their associates would be restricted to the disputed area. Furthermore, for the encroachment of 10 square wa, a sum of 40 baht would be paid monthly from the date of the filing until the Defendant is no longer involved, dismissing the Plaintiff’s claim solely regarding the request to demolish the kitchen structure, which is prohibited under Section 1312 of the Civil Code, in accordance with sub-section 634/2515.