Under what circumstances can adverse possession of land result in ownership?
Adverse possession refers to the occupation of another person’s property peacefully and openly with the intention of owning it. Under Thai law, a person who adversely possesses real property for 10 consecutive years or personal property for 5 consecutive years acquires ownership of that property.
 
Under Section 1382 of the Civil and Commercial Code, it is stated that: ‘Any person who possesses the property of another peacefully, openly, and with the intention of being the owner, shall acquire ownership by adverse possession if the property is immovable and has been possessed continuously for ten years, or if the property is movable and has been possessed continuously for five years.’
 
In practice, even if the elements as stipulated in Article 1382 are fulfilled, a person claiming adverse possession must ‘file a petition with the court seeking an order to acquire ownership of the land through adverse possession’ along with supporting evidence. Before considering the case, the court will issue a summons to the registered owner of the land to contest the claim. The court will also order the person claiming adverse possession to conduct a survey of the disputed land for consideration.
 
If there is no objection, the court may order that the person shall acquire ownership of the land by adverse possession. Such person must take the court order to the Department of Land to request a change of the land owner.
 

Criteria for Acquiring Ownership Through Adverse Possession

  1. Use
    Occupy, possess, or use another person’s property, such as cultivating crops, raising livestock, or residing on the land.
  2. Peaceable
    Possession must be peaceful, meaning the landowner does not dispute, prohibit, or interfere with the possession, nor does the landowner assert ownership or file a lawsuit to evict the possessor.
  3. Open
    Possession must be open, meaning the possessor does not hide, conceal, or disguise their possession of another person’s property.
  4. Intent
    The possession must be with the intent to own (not as an agent for another), such as using the land as if it were their own or posting signs claiming ownership.
  5. Honest
    Possession must be honest, meaning the possessor openly enters and uses the land without trespassing or defrauding the landowner.
  6. Title
    The possessed property must belong to someone else, such as land with a title deed, a survey plan, or a reservation document marked “in use.”
  7. Duration
    Possession must be continuous for a specific period: 10 years for real estate and 5 years for personal property. Only then can the possessor acquire ownership of titled land.
  8. Court Order
    The possessor must file a petition with the court, and the court must issue an order or judgment granting ownership through adverse possession.
  9. Land Registry
    The possessor must file a petition with the land officer and register a change of ownership through adverse possession (in the case of real estate).
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About Us

With over 12 years of legal experience, we are the trusted experts you can rely on for all your legal needs. Our expertise spans across various legal fields, including civil and commercial law encompassing contracts, litigation, and legal proceedings; labor law to help your business avoid disputes; as well as family law, inheritance law, consumer protection law, intellectual property law, criminal law, and other legal matters. We also provide comprehensive legal consultation and registration services.

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Under what circumstances can adverse possession of land result in ownership?