Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour le 5 septembre 2026
A servitude (ภาระจำยอม, phara cham yom ou pharajamyom, also called an servitude) is a real right under Sections 1387 to 1401 of the Code civil et commercial by which one plot of land, the servient property, is burdened for the benefit of another plot, the dominant property. The commonest example is a right of way across a neighbour’s land to reach a road, followed by rights to run water, drainage or power lines. A servitude attaches to the land, not to the person, so it passes automatically to whoever owns each plot next, which is why it matters so much in a title search.
Table des matières
How a servitude works under the Civil Code
Two plots with different owners are always involved. The owner of the servient land must tolerate something (people and vehicles crossing, pipes running underground) or refrain from something (building above a certain height). The owner of the dominant land gets the benefit, and Section 1393 makes the right follow the dominant land into the hands of every later owner. A servitude does not give possession of the servient land, only the specific use agreed.
A servitude is created by agreement and registered at the Bureau foncier, which notes it on both title deeds: as a benefit on the dominant Chanote and as an encumbrance on the servient one. Without registration it binds only the parties who signed and cannot be enforced against a buyer of the servient land (Section 1299). It can also be acquired by prescription after 10 years of open, peaceful use as of right, and it is lost by 10 years of non-use (Section 1399), by merger of the two plots in the same hands, or by destruction of either property.
Where foreigners meet servitudes in practice
Access is the usual issue. Many villas, especially on subdivided farmland in Phuket, Samui or Hua Hin, are reached by a private lane owned by a developer or a neighbour. If no servitude is registered, the lane can be fenced off or sold and the house is landlocked. Section 1349 then gives a way of necessity, but it must be claimed, compensation is payable and the route is the least damaging one, not the road the buyer expected.
A foreigner cannot own the dominant land, but the benefit of a servitude runs with the land and is enjoyed by whoever holds it, including a foreign lessee, usufructuary or superficiel. Registration is done at the Land Office covering the servient land, by both owners or their representatives under a Tor Dor 21 procuration, with the deeds, ID documents and a sketch of the route. Fees are modest where no money changes hands; where the neighbour is paid, the fee is calculated on the consideration.
The common mistake is to rely on a contract clause promising access, or on years of use of a road. Neither is a registered right. The vérifications nécessaires before purchase should read the back of the title deed of every plot between the house and the public road.
Servitude compared with usufruct and lease
A servitude, a Usufruit and a lease all appear on the encumbrance page of a Chanote, but they do different jobs. A usufruct and a lease give a person the right to occupy and use the land itself, for a lifetime or for up to 30 years. A servitude gives a plot of land a limited right over another plot, with no time limit, and it belongs to the plot rather than to a named person.
| Droite | Who benefits | Durée |
|---|---|---|
| Servitude | The dominant land, whoever owns it | Perpetual, lost after 10 years of non-use |
| Usufruit | A named person | Lifetime, or a fixed term up to 30 years |
| Location | A named tenant | Up to 30 years, registered if over 3 years |
In a dispute, the civil court can order the servient owner to remove obstructions and pay dégâts. Where nothing was registered, the claimant must prove 10 years of use as of right, and the neighbour usually argues the use was merely tolerated.
Foire aux questions
Can a foreigner hold a servitude in Thailand?
Not in their own name as owner of land, because a foreigner cannot own the dominant plot. The servitude belongs to the land, so a foreigner who leases the dominant land, or holds a usufruct or superficies over it, enjoys the right of way or other servitude for as long as their own right lasts.
How do I register a right of way in Thailand?
Both landowners attend the Land Office that covers the servient plot, or send representatives with a Tor Dor 21 power of attorney, bringing both title deeds, ID documents and a sketch of the route. The officer records the servitude on both Chanotes. A servitude that is not registered cannot be enforced against a later buyer of the burdened land.
Quelle est la différence entre une servitude et une voie de nécessité ?
A servitude is agreed and registered, and it can cover any lawful use of the neighbouring land. A way of necessity under Section 1349 arises by law only when a plot has no access to a public road; it gives access alone, along the least damaging route, and the landlocked owner must compensate the neighbour.
Voir aussi : Encumbrance on a Thai title deed, Usufruit, Superficies right, Chanote, Servitudes en Thaïlande ET Titres de propriété en Thaïlande.
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