Bangkok Legal Service

Land Ownership Dispute Regarding Conflicting Property Deeds

Legal illustration: Land Ownership Dispute Regarding Conflicting Property Deeds
Legal illustration: Land Ownership Dispute Regarding Conflicting Property Deeds

Article 2 (a) The Judicial Court (b) The Plaintiff filed a lawsuit against the Central District Court of Bangkok alleging that the Plaintiff was the owner of the land according to Land Deed No. 16789, Yanyawa subdistrict, Yannawa district, Bangkok Metropolitan Administration, seeking a Land Deed No. 12345, Yanyawa subdistrict, Yannawa district, Bangkok Metropolitan Administration, based on the land deed of the Plaintiff, with an area of approximately 20 square wa. The Plaintiff rectified the land, but the Defendant disregarded it, claiming it was the Defendant’s land that had been possessed for a long time, and requested the revocation of the Defendant’s land deed in the portion overlapping the Plaintiff’s land. The Defendant testified that the Defendant’s land according to Land Deed No. 1 was the same as the Plaintiff’s land. During the consideration of the lawsuit at the Central District Court of Bangkok, the Land Office conducted a survey of the land of both properties to create a map of the dispute, which revealed that there was land in the portion overlapping both land deeds.

The Central District Court of Bangkok determined that this was a case involving a dispute over land, a disputed land area of 3 square wa, and concerned ownership of disputed land. Therefore, it ordered the appraisal of the price of the disputed land to be provided to the Plaintiff. The disputed land was valued at 300,000 baht.

(a) In the event that a lawsuit is filed against the Central District Court or the Criminal Court and the case falls outside the jurisdiction of the Central District Court or the Criminal Court, the initial court has the power to transfer the case according to the principles of judicial fairness as follows: (1) The District Court or Criminal Court, as the case may be, may exercise discretion to transfer the case to the Judicial Court with jurisdiction under Section 16 (2) of the Judicial Court Act [2 points]; (2) In the event that a lawsuit is filed against the Provincial Court and the case occurs within the jurisdiction of the Provincial Court and is under the authority of the Provincial Court, the Provincial Court must issue an order to transfer the case in accordance with Section 16 (2) of the Judicial Court Act [2 points].

(b) Claims regarding ownership of land that have been valued at a disputed land price of no more than three hundred thousand baht are considered civil cases with a monetary value of no more than 300,000 baht. A single judge has the power to consider and adjudicate the case in accordance with Section 25 of the Judicial Court Act [4 points]. The Central District Court, within the jurisdiction of the Provincial Court, according to Section 19 of the Judicial Court Act, has no authority to consider and adjudicate civil cases within the jurisdiction of the Provincial Court. Therefore, the Central District Court is justified in dismissing the lawsuit [6 points].

The Debtor filed a petition for the rehabilitation of its business before the court.