Bangkok Legal Service

2 fathoms of land (Da) dug a canal within the land of his own possession adjacent to the aforementioned paddy field boundary, measuring 2 fathoms wide and 2 fathoms deep. Dang asserted that he possessed land of 22 wa, and that this land would be eroded, therefore prohibiting him from digging such a canal. Dang contended that he had the right to dig such a canal, provided that the depth of the canal, when measured from the midpoint of the paddy field boundary to the edge of the canal, did not exceed one fathom. He continued to dig in this manner along the entire boundary. Dang therefore filed a lawsuit requesting that the court compel Dam to fill in the canal and to compel Dam to pay 5,000 baht to Dang for this work. If this case is of what nature, the answer is as follows: The measurement from the boundary to the canal edge must be measured from the boundary, not measured from the midpoint of the boundary. Dam’s digging of a canal along the boundary without providing a distance, in accordance with Section 1342, Paragraph 2 of the Thai Civil and Commercial Code, Dam is liable to the court. The court shall order Dam to fill in the canal exceeding the permitted regulations, if he does not do so, the amount to be managed for such filling must be done, but not exceeding 5,000 baht, in accordance with Article 544/2516.