Thailand Law Library

by Thailand Lawyer

Real rights may be created only by the virtue of this Code or other laws.

Subject to a provision of this Code or other laws, no acquisition by juristic act of immovable or of real right appertaining thereto is complete unless the juristic act is made in writing and the acquisition is registered by the competent official.

Where immovable property or real right appertaining thereto is acquired otherwise than by juristic act, the acquirer's right cannot be dealt with through the register unless it has been registered, nor can it, without registration, be set against a third person who has, for value and in good faith, acquired it and registered his right.

Where a transfer of immovable property or real right appertaining thereto has been registered to the prejudice of a person who was previously in a position to have his right registered, he may claim cancellation of such registration, provided that in no case cancellation be claimed against a transferee for value in good faith.

The provisions of the two foregoing sections shall apply mutatis mutandis to modification, extinction and revival of real rights appertaining to immovable property.

The provisions of the three foregoing sections shall apply mutatis mutandis to ships or vessels of six tons and over, to steam-launches or motor-boats of five tons and over, to floating houses and to beasts of burden.

Where several persons claim to have acquired the same movable property under different titles, the person who is in possession of the property is preferred that he has acquired it for value and has obtained the possession in good faith.

This section does not apply to movable property specified in the foregoing section nor to lost property or property acquired through an offence.

The domain public of State includes every kind of State property which is in use for public interest or reserved for the common benefit, such as:

1. waste land and land surrendered, abandoned or otherwise reverted to the State according to the land law;
2. property for the common use of the people e.g., foreshores, water-ways, highways, lakes;
3. property for special use to the State e.g., a fortress or other military buildings, public offices, warships, arms and ammunition.

Any property which forms part of the domain public of State is in-alienable except by virtue of a special law or Royal Decree.

No prescription can be set up against the State with regard to any property which forms part of its public domain.

No seizure of State property can be effected, whether such property forms part of its public domain or not.