Bangkok Legal Service

Article 8. The area of 10 rai was subsequently transferred by Mr. Ming to Ms. Chai, totaling 1 rai, for the purpose of constructing a road. Upon the municipality receiving this transfer, it had not yet constructed the road because the landowner had transferred the land. Subsequently, Mr. Ming requested a survey to issue a land title for that plot, specifically excluding the 1 rai portion. Throughout the period, Mr. Ma purchased land with a title deed, and Mr. Ming continued to possess the 1 rai previously held by Mr. Ming, and also possessed the reserved 1 rai. Mr. Ma therefore requested a land title for this field. The municipality opposed Mr. Ming and Mr. Ma both desiring this 1 rai of land. The court should adjudicate the land rights of 1 rai between Mr. Ming, Mr. Ma, and the municipality. Mr. Ming has the right to possess the 11 rai of bare land, according to Section 1367 of the Civil and Commercial Code. Upon transferring the right of possession of the land for the purpose of constructing a road, this constitutes a waiver of possession to the municipality, as stipulated in Section 1377 of the Civil and Commercial Code. Upon the municipality receiving the land, it immediately becomes public property of the state, as reserved for joint use, as stipulated in Section 1304 (2) of the Civil and Commercial Code. Even if Mr. Ming transfers it to Mr. Ma, this is not permissible because it is public property. Subsequently, the dispute could not proceed due to the necessity of adhering to Section 1306 of the Civil and Commercial Code. The municipality has the right to the 1 rai of land. Mr. Ming and Mr. Ma have no rights.