Unregistered Land Transfer and Acquisition of Ownership Rights
1d. However, transfer to each other was not possible due to the land being in the process of registration. Mr. Thanwa immediately delivered the disputed land to Mr. Mokra for occupation from the date of the contract and upon receiving the title deed, Mr. Thanwa retained the deed without registering the transfer. If Mr. Mokra were to do likewise, what rights, if any, would Mr. Mokra have in the disputed land? Time 1d. The answer is as follows, even though the contract specifies a sale and purchase agreement, the wording in the contract indicates that the parties intended to transfer the land to each other immediately, but due to the impediment of immediate transfer, the land was in the process of registration. As such, the contract is a definitive sale and purchase agreement. When Mr. Thanwa delivered the disputed land to Mr. Mokra for occupation from the date of the contract, Mr. Thanwa relinquished his ownership and transferred the ownership of the disputed land to Mr. Mokra from that same date. Upon receiving the land title deed, he did not register the transfer of ownership of the land. Because Mr. Mokra purchased the land quietly, openly, and intentionally as the owner of the land, Mr. Mokra has rights in the disputed land according to the Civil and Commercial Code, Section 1382 (Judgement of the Supreme Court Case 1310-1311/2538)201.
Criminal Procedure Law, Civil Procedure Law, and Evidence Law were investigated by the City Police of Chiang Rai Province.