Section Code: 0065 - 0070
Land Code Promulgating Act, B.E. 2497 (1954)
As amended until Land Code Amendment Act (No.12), B.E. 2551 (2008)
Chapter 5: Land Survey
Land surveys for the issuance of title deeds shall be in accordance with rules and procedures prescribed in Ministerial Regulations.
In the interest of the land survey, the competent authority and employees shall have the power to enter upon the land of persons who have rights therein or of possessors during the day provided advance notice to persons with rights in the land is given. Person with rights in the land and possessors shall give reasonable facilities under the circumstances. In case it is necessary to erect mapping stakes on anyone's land, the competent authority shall have the power so to do as may be necessary.
In surveying, when and to the extent necessary and reasonable, the competent authority shall have the power to dig the land, cut and trim branches, and do otherwise with obstructions to the surveying taking into consideration the causing of the least amount of damage to the owner.
It is forbidden to all except the competent authority to destroy, alter, move or remover any boundary marker or mapping stake placed or built in by any place by the competent authority except by permission of the land official.
In case any person has to do what is set out in Section 67, he shall file an application for permission with the land official.
In case permission is denied, the owner of the land may appeal to the Minister within fifteen days of being informed of the denial. The Minister shall decide within sixty days from receipt of the appeal. His decision shall be final.
If the Minister does not decide within the sixty days set out in the preceding paragraph permission shall be deemed granted.
When it is advisable to verify land boundaries in any locality according to the map, the Province Governor shall inform persons with rights in the land not less than fifteen days in advance. Notice shall be posted on the land to give notice to interested persons and a supplementary notice of the day and time shall be given to persons with rights in the land. And persons with rights in the land shall escort the competent authority around during the verification of boundaries survey.
Persons in the preceding para graph with right in the land may appoint a representative to escort the competent authority around during the verification of boundaries survey on his land.
On completion of the verification of boundaries, the competent authority shall have the power to issue a new title deed in place of the original which is then void and shall be returned.
Section 69 bis
Any land rights holder with intention to have his/her Title Deed examined and verified may file an application together with the Title Deed with the land officers and the competent officials shall carry out the examination and verification as requested.
In surveying the land, if it appears that the land possession is inconsistent with the map or the area as shown in the Title Deed, the land officers shall, after the person with rights in the adjoining land certifies the land boundaries, have power to make correction of the map or the record of land area to correspond with the result of actual survey, except in case of collusion for purpose of law evasion.
In a case where it is not possible to contact the person with rights in the adjoining land to observe the land boundaries, or the said person fails to be present after being notified by the competent officials, or the said person is present to observe the boundaries but decline to certify the boundaries without opposing the survey, the competent officials shall notify such person through a written notice requesting his/her signature to either certify or oppose the boundaries within thirty days after the delivery of notice. If the person with rights in the adjoining land fails to take either action within the designated time period and the applicant certifies non-encroachment upon the adjoining land and gives consent for any correction of the map or the record of land area to be made to conform to the actual survey, the land officers shall proceed under paragraph two without such certifying of the boundaries.
Any communication or notification to the person with rights in the adjoining land under paragraph three shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.
In case of objection, the land officers shall have power to make enquiry and compromise by considering the map evidence. If an agreement between parties is attained, the matter shall be carried out as such except in case of collusion for purpose of law evasion. If the parties fail to come to any agreement, the parties shall be notified of his/her right to file a lawsuit within ninety days as from the date of notification. In ca se of no lawsuit within the designated time period, it shall be regarded that the applicant has no intention to have the boundaries examined and verified further.
In a case where the land rights holder wishes to have only his/her land area verified against the Utilization Certificate, the application together with the Utilization Certificate of such land shall be filed with the land officers and the provisions of paragraph two, paragraph three, paragraph four, and paragraph five shall apply mutatis mutandis.
In the interests of the survey, the competent authority shall have the power:
- To summon persons with rights in adjacent lands to take care of the boundary line and sign an acknowledgement of the boundaries of their own land;
- To summon persons concerned to give oral testimony or submit documents or any other evidence relating to the investigation.
Section 70 bis
In the examination and verification of land for purpose of issuance of the Utilization Certificate and the examination of the land area against the Utilization Certificate, the provisions of Section 66 and Section 70 shall apply mutatis mutandis.