Book 4 — Property

Section 1308

Statutory text (Thai original)

ที่ดินแปลงใดเกิดที่งอกริมตลิ่ง ที่งอกย่อมเป็นทรัพย์สินของเจ้าของที่ดินแปลงนั้น

Verbatim from the Royal Gazette / Office of the Council of State

คำแปลภาษาอังกฤษ

Where land is formed by alluvion, it becomes the property of the riparian owner.

This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.

Firm annotation

Section 1308 is part of Book 4 (Property) of the Thai Civil and Commercial Code. This entry is awaiting firm-authored commentary; the statutory text above is verbatim from the Office of the Council of State (OCS Krisdika) Thai source, with the English translation from the FAO/UN FAOLEX repository. Always rely on the Thai original for legal proceedings.

Notable

Why this matters in practice

Lawyers: accretion attaches automatically to a titled plot if that plot genuinely fronts the water body; survey registration is still advisable to update the title document. Laypersons: if your land abuts a river or sea and sediment builds up naturally in front of it, that new land belongs to you — but if the build-up was caused by third-party construction, courts examine whether it qualifies.

Legislative history

Part of the original Civil and Commercial Code codification; no major subsequent amendment.

  • alluvion
  • accretion
  • riparian
  • riverbank
  • land formation

Supreme Court decisions interpreting this section

  1. Supreme Court Judgment No. 10662/2551 (2008)

    Alluvion accretes to the riparian owner even when the sediment was induced by a third party's construction, provided the riparian owner had no involvement in that construction.

    Alluvion formed in front of the plaintiff's land because a third party had built a stone breakwater into the sea; since the plaintiff had no part in constructing the breakwater, the resulting new land still accreted to the plaintiff's land under section 1308.

    Read the full decision (deka.in.th)

  2. Supreme Court Judgment No. 1860/2539 (1996)

    Alluvion adjacent to a titled plot automatically becomes part of that plot and vests in its registered owner by operation of section 1308.

    Section 1308 provides that alluvion adjoining titled land becomes part of that titled land and belongs to its owner; where accretion was adjacent to a land parcel with a title deed, it formed part of that parcel and became the property of the registered owner.

    Read the full decision (deka.in.th)

  3. Supreme Court Judgment No. 4930/2539 (1996)

    Section 1308 applies only where the owner's land genuinely fronts the water body; accretion arising from dry land adjacent to, but outside, the boundary is not covered.

    The eastern boundary of the plaintiff's land adjoined dry land, not a river; the accretion in dispute arose outside the plaintiff's land boundary from that dry land and therefore was not the plaintiff's property under section 1308.

    Read the full decision (deka.in.th)

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.

Related guides on ThaiLawOnline

This is educational reference, not legal advice. Consult a qualified Thai lawyer before relying on any provision.

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