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vendredi avril 28, 2017
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Servitude agreement online for Thailand

 

Our price : 4,000 baht

The average price by Law firms is normally more than the double of that.

 

The  Right of servitude grants the use of another's property for limited purposes. It is included in the Commercial and Civil Code of Thailand (CCCT), at sections 1387 to 1401. Section 1387 states that:

'An immovable property may be subjected to a servitude by virtue of which the owner of such property is bound, for the benefit of another immovable property, to suffer certain act affecting his property or to refrain from exercising certain rights inherent in his ownership'.

It originates from Roman Law, and was called servitus or servitutes. When people needed a shortcut to pass over the land of someone else, to get some water for example, a right of servitude was created.

A servitude allows the owner of a land to use or pass over the land of someone else. It's one of the rare Civil Law concept also known in Common Law. You might see it called "Right of ways", "Right of passage" or "easement". The concept of servitude was introduced later in Civil Law and Thailand adopted a Civil Code mostly based on French Civil Law.

A servitude usually involved two separate properties. It is basically a charge imposed on an immovable property called the servient land, in favor of another immovable property, called the dominant land. With a servitude, the owner of the servient land is required to tolerate certain acts of use by the owner of the dominant land or himself abstain from exercising certain rights inherent in ownership.

A servitude does not give the holder a right of possession. It only gives some privilege over a piece of land. You might need a servitude over a parcel of land to be sure that you can access a road or to be able to have access to some water or other utilities. You might also need a servitude to access a public road if your parcel of Land is surrounded by others.

Our price for drafting a servitude agreement include instructions how to register it yourself at the land depar tment. If you have any problem, you can always call us and we will try to help you on the phone. Should you wish one of our Thai lawyer to register this agreement, we can also do it but the price will be much more higher, depending on your location.
 
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Disclaimer

The content of this web site aims to circulate general information that cannot be considered as legal advice. Laws can change quickly and therefore it is impossible to cover all exceptions in detail. The information provided here is therefore without any guarantee concerning its exact meaning or its continuing validity. Our web site contains links to other sites. These links are provided for practical reasons only. We decline any responsibility concerning these web sites owned by others and we do not necessarily agree with their content. Anyone wanting to create a link to the present site may do so freely. We encourage distribution of legal information, as we encourage making it available to the general public, freely or at a low cost. But we also want to protect the product of our work and even our writings. Therefore, the content of the present web site may not be reproduced for commercial purposes, or another website, under any format without our express written consent. Translation using functions like "Google translation" might not fully be accurate. Isaan Lawyers provides professional legal services at reasonable costs in many areas of Thailand.

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