Section 1375
Statutory text (Thai original)
ถ้าผู้ครอบครองถูกแย่งการครอบครองโดยมิชอบด้วยกฎหมายไซร้ ท่านว่าผู้ครอบครองมีสิทธิจะได้คืนซึ่งการครอบครอง เว้นแต่อีกฝ่ายหนึ่งมีสิทธิเหนือทรัพย์สินดีกว่าซึ่งจะเป็นเหตุให้เรียกคืนจากผู้ครอบครองได้การฟ้องคดีเพื่อเอาคืนซึ่งการครอบครองนั้น ท่านว่าต้องฟ้องภายในปีหนึ่งนับแต่เวลาถูกแย่งการครอบครอง
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
Where a possessor is unlawfully deprived of possession, he is entitled to have it returned, unless the other party has over the property a better right which would entitle him to claim it back from the possessor. An action for recovery of possession must be entered within one year from the time of dispossession.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1375 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.
Why this matters in practice
Lawyers: the one-year period is a strict limitation on the possessory action itself, not prescription extinguishing ownership; an owner who misses the one-year window may still bring an ownership action under section 1336. Laypersons: if someone takes your land or property by force or stealth, you must sue within one year to recover possession — after that you lose the possessory action, though you may still have an ownership claim.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1747/2562 (2019)
A possessory action under section 1375 must be filed within one year of dispossession; filing after that period extinguishes the possessory claim.
The defendant admitted in its defence that it had seized possession of the plaintiff's land; the plaintiff sued more than one year after the dispossession and disturbance of possession; the court held the plaintiff had lost the right to bring a possessory action under section 1375.
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Supreme Court Judgment No. 3656/2551 (2008)
A person who voluntarily relinquished possession and remained as a licensee cannot later claim a possessory right against the person to whom possession was transferred.
The defendant had originally held possessory rights in the land but abandoned them to the plaintiff, agreeing to remain as an occupant without charge; when the defendant later refused to vacate, the plaintiff could invoke the owner's rights to recover possession.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
If I lose the one-year possessory action, do I lose my land forever?
Not necessarily. Losing the one-year possessory action under section 1375 means you can no longer rely on your prior possession alone. However, if you are the registered owner under a title deed, you may still bring an ownership action under section 1336, which has no limitation period — provided the occupier has not completed ten years of adverse possession under section 1382.