The seized right that you must know

If you are renting or buying land, you must first check whether the land has been encroached upon. This will prevent you from fully utilizing the land, or even prevent it from being used at all. This will result in a decrease in the rental or sales price. This could be due to government development in the area, such as the installation of high-voltage power poles, or to the landowner engaging in certain legal transactions that encroach upon their land rights, such as granting easements to certain areas. Therefore, you should always verify this before signing a contract by obtaining a copy of the title deed from the Land Department. There are eight types of encroachment:

___________________________________________

Land beneath high-voltage power poles

If land is located beneath high-voltage power poles, the landowner's rights will be encroached upon by the Electricity Generating Authority of Thailand (EGAT). The owner retains ownership of the land, but their rights of use are reduced in exchange for a fair price. The Electricity Generating Authority of Thailand Act of 1968 stipulates the following:


No one is prohibited from performing any of the following acts: Any activity that poses a danger to the electrical system, such as prohibiting the use of materials, equipment, or machinery such as cranes, forklifts, loaders, or excavators within 4.00 meters of high-voltage power lines, or prohibiting the cultivation of sugarcane fields, rice paddies, undergrowth, or any other materials within the power line zone.

The construction of any buildings, houses, or other structures of any kind within the power line zone is prohibited.

The planting of trees or crops within the power line zone is prohibited as follows:

The area around the poles and the area surrounding the base of the poles, within 4 meters of the pole base, is prohibited.

The planting of trees or crops of any kind is prohibited within the power line zone, except in Section 3.1. Planting of trees or crops that, when fully grown, exceed 3 meters in height is prohibited.

The planting of sugarcane is prohibited within the power line zone of 500,000 volt power lines.

Any activity that alters the ground conditions within the power line zone, such as raising the ground level, digging, digging ponds, or constructing roads, requires prior written permission from EGAT.

Greenhouses or other structures constructed or erected, trees, or crops planted without complying with these conditions Or without permission, EGAT has the authority to dismantle, destroy, or cut down the area as appropriate without compensation. The Electricity Generating Authority of Thailand has designated the area of ​​rights-of-way as the width of the power line, according to the size of the transmission line, as follows:

69 kV, 9 meters from the center of the power pole on each side.
115 kV, 12 meters from the center of the power pole on each side.
132 kV, 12 meters from the center of the power pole on each side.
230 kV, 20 meters from the center of the power pole on each side.
300 kV, 20 meters from the center of the power pole on each side.
500 kV, 40 meters from the center of the power pole on each side.

___________________________________________

Transfer Prohibition

This may result from issuing a NS.3 without prior use or a SK.1. The government may impose a 10-year transfer prohibition, also known as "Red Title Deed." In this case, if the remaining period of the prohibition period is long, such as 8 years, the problem arises of being unable to resell until the expiration date.

___________________________________________

Lease Agreement

Our country's law requires that leases with terms exceeding 3 years or more must be registered at the land office. Therefore, it is important to check the remaining years and the rental rate. Lease agreements cannot be verified only in cases of leases of less than 3 years, where the lease agreement is made privately, or in cases of leases of only the building, which must be registered at the district office. These leases will appear on the table of contents of the title deed. However, a personal survey must be conducted on the land.

___________________________________________

Usufruct


A right granted by the usufruct holder to possess, use, or otherwise benefit from the property for a period not exceeding 30 years, or for the life of the usufruct holder. Once this right is registered, the tenant must enter into a lease agreement with the usufruct holder, rather than with the owner, who holds the title.

___________________________________________

Right of Occupancy

This right grants the occupant the right to reside in the building without paying rent. This may be for a period of no more than 30 years or for the life of the rightholder.

___________________________________________

Right of Superficies

This refers to the right to own a building, structure, or plantation on or below the land. This may be for a period of no more than 30 years or for the life of the landowner or the life of the rightholder. Upon expiration of this period, the rightholder has the right to dismantle the structure.

___________________________________________

Encumbrance

A person named as a beneficiary has the right to receive periodic payments from the property or to use or benefit from the property as specified. If no period is specified, it is presumed to exist for the life of the beneficiary, or if the period is no more than 30 years.

___________________________________________

Easements

Land may be subject to easements that require the owner to accept certain acts affecting his or her property or to refrain from exercising certain rights inherent in the ownership of the property. A common easement is an easement for passage, allowing another title deed to be used as a passage.

___________________________________________

Erasure of rights can significantly damage the owner's rights. Therefore, it is important to thoroughly investigate the situation before entering into any legal transactions. Some types of evictions do not have a specified time limit. For example, evictions of land under high-voltage power lines are permanent. Landowners must therefore negotiate a fair price to compensate for the lost rights. Those considering purchasing or leasing land should check with the Land Department to ensure that the land they are interested in has not been evictioned, ensuring maximum use of the land and its value.
___________________________________________

Source: FEASY