Thailand Law Library

by Thailand Lawyer

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.

The owner of the dominant property is not entitled to make any change, either on the servient or on the dominant property, which increases the burden of the servient property.

Changes in the requirements of the owner of the dominant property do not entitle him to impose an additional burden on the servient property.

The owner of the servient property must refrain from any act which will tend to diminish the utility of the servitude or to make it less convenient.

The owner of the dominant property is entitled, at his own expense, to do all that is necessary to preserve and make use of the servitude. He must, in doing so, cause as little damage as possible to the servient property.

He must at his own expense keep the work done in a state of good maintenance and repair. However, if the owner of the servient property benefits by the work, he must bear a share of the expenses in proportion to the benefit which he receives.

Where servitude affects one part only of the servient property, the owner of that property may, by showing that the charge would be for his benefit and by undertaking to bear the cost of it, require that the servitude be removed to another part of his property, provided this would not be less convenient to the owner of the dominant property.

Unless otherwise provided in the act creating it, a servitude follows the dominant property when the latter is disposed of or made subject to other rights.

A servitude cannot be disposed of or made subject to other rights apart from the dominant property. Section 1394. Servitude continues even if property is divided.

In case of a division of servient property, the servitude continues to be a burden on each part. However, if the servitude is not, and from nature of the case could not be, exercised over any particular part, the owner of such part may demand to be relieved from it.

In case of a division of dominant property, the servitude continues to exist for the benefit of each part. However, if the servitude is not, and from the nature of the case could not be, exercised for the benefit of any particular part, the owner of the servient property may demand to be relieved from servitude with respect to such part.

Servitudes acquired or exercised by any of the co-owners of the dominant property is deemed to have been acquired or exercised by all co-owners.

Servitude is extinguished by the total destruction of the servient or dominant property.

If servient and dominant properties are vested in one and the same owner, such owner may have the registration of servitude cancelled; until such cancellation the servitude continues to exist as regards to third persons.

Servitude is extinguished by non-usage for ten years.

Servitude is extinguished if it has ceased to benefit the dominant property; but it revives if the condition of things becomes such that the servitude can be enjoyed again, provided that the period of prescription specified in the foregoing section has not elapsed.

The provisions concerning prescription as described in Title III of this Book shall apply mutatis mutandis.