Adverse Possession in Thailand: Civil Code Rules

Long use can also found a lesser right over a neighbour’s land: see our guide to servitude in Thailand, which may be acquired by prescription under Section 1401.

Possession can also rest on a registered right granted by the owner. For the rules on one such right, see our guide to usufruct in Thailand.

What Is Adverse Possession in Thailand?

Adverse possession in Thailand is a way of acquiring ownership by the passage of time rather than by sale, gift or inheritance. Thai lawyers call it ครอบครองปรปักษ์. The owner does not consent and receives no payment. Instead, Section 1382 gives ownership to the possessor once every statutory condition has been met for the full period.

The rule sits inside the Civil Code’s title on possession. To apply it, one must first understand what the Code treats as possession and which presumptions protect a possessor.

What Counts as Possession Under the Civil Code?

Section 1367 defines possession. A person who holds property with the intention of holding it for himself acquires the right of possession. Section 1368 adds that a person may acquire possession through another who holds the property on his behalf, such as a tenant or a caretaker.

The Code then supports the possessor with a series of presumptions. Each one shifts the burden of proof to the person who challenges the possession.

The Four Conditions of Adverse Possession in Thailand

Section 1382 requires four elements. First, the property must belong to another person. Second, the possession must be peaceful. Third, it must be open. Fourth, the possessor must hold the property with the intention of becoming its owner. When all four exist for the full period, the possessor acquires ownership.

1. Property of another: for land, this means land that carries ownership, such as land under a title deed (chanote). A person cannot acquire by adverse possession what he already owns.
2. Peaceful possession: possession obtained or kept by force or threats does not qualify.
3. Open possession: the use must be visible, such as fencing, building or cultivating, so that the owner could notice it.
4. Intent to own: a person who holds for the owner, such as a tenant, an employee or a caretaker, does not possess with intent to own.

Section 1382 does not require good faith. A possessor who knows the land belongs to someone else can still meet the test if the other conditions are present.

How Long Is the Period for Adverse Possession in Thailand?

Section 1382 sets two periods. For immovable property, such as land and buildings, the possessor must possess continuously for ten years. For movable property, the period is five years. Ownership passes when the period ends, not when a court later confirms it.

Joining periods of possession

Section 1385 allows a transferee of possession to add the transferor’s period to his own. The rule has a cost. If the transferee relies on the earlier period, any defect in the transferor’s possession can be raised against him.

Property obtained through an offence

Section 1383 sets a longer period in one case. Where property was obtained through a criminal offence, the offender or a transferee in bad faith acquires ownership only after the criminal limitation period for that offence or the Section 1382 period, whichever is longer.

When Is Possession Interrupted?

Section 1377 ends possession when the possessor gives up the intention to possess or stops holding the property. A temporary obstacle that prevents the possessor from holding the property does not end possession. Section 1384 then protects a possessor who loses possession against his will. If he regains it within one year, or sues to recover it within one year, the possession is not treated as interrupted.

Section 1386 applies the Civil Code’s general rules on prescription, with the necessary changes, to rights under the possession title. Those rules govern questions such as how the period is counted. For the counting rules, see our guide to the statute of limitations in Thailand.

Which Land Cannot Be Acquired by Adverse Possession?

Three limits narrow the rule. Each one protects a different interest: the State, the registered buyer and the holder of untitled land.

State public domain property

Section 1306 provides that no prescription can be raised against the State in respect of property that forms part of the public domain. Public land therefore cannot pass to a private possessor through Section 1382.

Land with possessory rights only

Land without a title deed carries possessory rights, not ownership. Thai legal commentary explains that ten years of possession of such land gives the new possessor possessory rights only, not ownership. Possession before a title deed was issued does not count toward the ten years. The holder of possessory rights who is dispossessed must act within one year under Section 1375.

The good-faith registered buyer

Section 1299 paragraph 2 governs rights in land acquired other than by a juristic act, which includes adverse possession. Until the possessor registers, he cannot amend the register. Nor can he set up his right against a third party who acquired the land for value, in good faith, and registered in good faith.

The One-Year Claims Under Sections 1374 and 1375

The Civil Code gives a possessor two short claims. Under Section 1374, a possessor whose possession is unlawfully disturbed may require the disturbance to stop and, where further disturbance is feared, may seek an injunction. Under Section 1375, a possessor who is unlawfully dispossessed may recover possession, unless the other party has a better right. In both cases the action must be brought within one year.

These deadlines matter most for land with possessory rights only, because possession is the whole of the holder’s right. A holder who misses the one-year period under Section 1375 may lose the land to the person who took it.

How Does the Possessor Register Ownership?

Ownership passes by operation of law when the period ends, but the land register still shows the former owner. Under Section 1299 paragraph 2, the possessor cannot amend the register, or rely on his right against a good-faith registered buyer, until the acquisition is registered.

1. Petition: the possessor applies to the court with jurisdiction over the land for an order declaring that he has acquired ownership by possession.
2. Inquiry: the court reviews the evidence of possession, and the registered owner may object.
3. Registration: the possessor presents the final court order to the Land Office, which records the change of ownership on the title deed.

Protecting Land Against Adverse Possession in Thailand

Owners who live abroad or leave land vacant face the greatest exposure. The Civil Code itself points to the protective steps. A person who occupies with the owner’s permission holds for the owner under Section 1368, and Section 1381 prevents that person from changing the nature of the holding unless he notifies the owner that he no longer holds for him.

• Put every occupation of the land on a written basis, such as a lease, a licence or a caretaker agreement.
• Inspect the land and its boundary markers at regular intervals, and keep a dated record.
• Act on any unauthorised occupation without delay, through an eviction claim or a claim for ownership.
• For co-owned land, coordinate the response among the owners. See our guide to co-ownership in Thailand.

Frequently Asked Questions About Adverse Possession in Thailand

Conclusion

Sections 1367 to 1386 give possession its own legal weight. Ten years of peaceful and open possession with intent to own transfers titled land, five years transfers movable property, and the one-year claims in Sections 1374 and 1375 protect the current possessor. Sections 1299 and 1306 then limit the rule in favour of the registered buyer and the State. Therefore, owners of land in Thailand benefit from documenting every occupation and acting on unauthorised use early. For property matters, see our real estate lawyer services. The official Thai text is published by the Office of the Council of State, and land registration is handled by the Department of Lands.