Section 1336 — Right of owner to recover property and to prevent unlawful interference
Statutory text (Thai original)
ภายในบังคับแห่งกฎหมาย เจ้าของทรัพย์สินมีสิทธิใช้สอยและจำหน่ายทรัพย์สินของตนและได้ซึ่งดอกผลแห่งทรัพย์สินนั้น กับทั้งมีสิทธิติดตามและเอาคืนซึ่งทรัพย์สินของตนจากบุคคลผู้ไม่มีสิทธิจะยึดถือไว้ และมีสิทธิขัดขวางมิให้ผู้อื่นสอดเข้าเกี่ยวข้องกับทรัพย์สินนั้นโดยมิชอบด้วยกฎหมาย
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
Within the limits of the law, the owner of property has the right to use and dispose of his property and to acquire its fruits; he has the right to follow and recover his property from any person who has no right to retain it, and the right to prevent any unlawful interference with such property.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1336 gives the owner four cumulative rights: (1) use, (2) disposition, (3) fruits, and (4) the right of recovery and exclusion (rei vindicatio). The recovery right runs against anyone holding the thing without legal right — including a thief, a tenant who has overstayed, or a finder. Where the holder claims a possessory right (e.g. usufruct, lease, lien), §1336 yields and the parties' dispute is resolved by the source contract. The right to follow property survives even when the thing has passed through several hands, subject only to the bona fide purchaser exceptions in §1303–§1305.
Why this matters in practice
Lawyers: an ownership action (rei vindicatio) is imprescriptible — the owner can sue to recover at any time, as long as the defendant has not acquired ownership by adverse possession under section 1382. Laypersons: as owner, your right to demand return of your property never expires simply by the passage of time — but if someone else has occupied your land openly for 10 years as owner, they may have acquired title and you may lose the right to reclaim it.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment. The right to follow and recover property (droit de suite) is not subject to any acquisitive prescription — ownership itself does not prescribe, only possession does.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 15315/2558 (2015)
The registered owner may invoke section 1336 to recover land from an occupier unless the occupier can show a right to retain it superior to the owner's title.
The respondent, as the registered owner of the title deed to the disputed land, asserted that the applicant's occupation constituted a tort and sought to exercise the owner's right to recover the land under section 1336; the court examined whether the applicant had any right to retain the land.
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Supreme Court Judgment No. 4268/2562 (2019)
An unregistered cohabitant has no automatic co-ownership claim over the deceased partner's land; the heirs may recover it under section 1336.
Defendant 1 and K had cohabited since 1953 without registering their marriage; Defendant 1 entered and possessed the disputed land, which was K's separate property. Upon K's death the land passed to the heirs; Defendant 1 could not claim co-ownership, and the heirs could exercise the owner's right of recovery under section 1336.
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Supreme Court Judgment No. 8155/2561 (2018)
An owner's right to develop land under section 1336 is limited only by restrictions that are clearly stated in the subdivision permit or applicable law, not by implied conditions.
A land allotment permit and building permit for an empty plot did not, on their face, indicate any restriction to two-storey construction; the owner's right to use and build on their land under section 1336 remained subject only to restrictions actually contained in the subdivision permit conditions.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can an owner sue to recover their land at any time, regardless of how long someone else has occupied it?
Yes — there is no limitation period on an ownership action under section 1336. However, if the occupier has possessed the land peacefully, openly, and as owner for ten continuous years, they may have acquired ownership by adverse possession under section 1382, which would extinguish the original owner's right.
As a foreigner, can I own land in Thailand and exercise the rights under section 1336?
Foreigners generally cannot own land in Thailand under the Land Code. However, foreigners may hold a registered usufruct, superficies, or long-term lease, which gives them rights of use and enjoyment similar in practical terms to ownership. If you have such a right, you can enforce it under the relevant provisions (sections 1417 and 1410), not section 1336 directly.