Bangkok Legal Service

In the year B.E. 2485, Mr. Daeng conveyed land with a deed of ownership (Samacham Supha) without registering it with the Department of Samacham Supha, and a school building was constructed named “School Prachabanal Daeng Utit” according to Mr. Daeng’s intention. Mr. Huang entered and occupied a portion of the school’s land, measuring 2 rai, peacefully and openly with the intention of ownership, and the government issued a certificate of land use. Mr. Huang sold the house and land to Mr. Kiao, which was registered. Subsequently, it was learned that Mr. Kiao had studied the matter. Therefore, the matter was referred to the Prosecutor for consideration as to whether encroachment had occurred and whether Mr. Kiao and his associates were involved in the land. If you were the Prosecutor, what opinion would you give?

The disputed land is state property, used for public purposes, pursuant to the Thai Land Act, Section 1304 and the interpretation thereof, Case 1044/2497, which is incomplete registration. Referring to Interpretation Case 665/2482 and Interpretation Case 2046/2517. Since the disputed land is not registered, Mr. Kiao cannot claim ownership based on Mr. Huang’s possession of public land, as per Interpretation Case 1429/2512 and 1933/2517. Therefore, the government sued Mr. Kiao to demolish and prohibit Mr. Kiao and his associates from being involved in the land. Mr. Daeng had a loan agreement with Mr. Daeng for the amount of 5,000 baht, with principal repayment terms.