Section 1381 — Change in character of possession by a representative possessor
Statutory text (Thai original)
บุคคลใดยึดถือทรัพย์สินอยู่ในฐานะเป็นผู้แทนผู้ครอบครอง บุคคลนั้นจะเปลี่ยนลักษณะแห่งการยึดถือได้ ก็แต่โดยบอกกล่าวไปยังผู้ครอบครองว่าไม่เจตนาจะยึดถือทรัพย์สินแทนผู้ครอบครองต่อไป หรือตนเองเป็นผู้ครอบครองโดยสุจริต อาศัยอำนาจใหม่อันได้จากบุคคลภายนอก
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
Where a person holds property as representative of the possessor, he may change the nature of his holding only by a notice to the possessor that he no longer intends to hold the property for such possessor or by becoming in good faith, through the act of a third person, possessor under a new title.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1381 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
For lawyers: an estate administrator cannot acquire the estate property by adverse possession unless they first clearly notify the other heirs that they are holding on their own account. For laypersons: holding someone else's land on their behalf does not, no matter how long, automatically become ownership — you must formally declare a change of intent.
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. 16430/2557 (2014)
An estate administrator holds estate property as a representative under Section 1381; without clear notice to the heirs of a change of intent, no adverse possession can arise.
An estate administrator who managed estate land without ever notifying the heirs of an intention to hold in his own right was held under Section 1381 to be holding as a representative and could not claim adverse possession; the limitation period for inheritance claims had not begun to run.
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Supreme Court Judgment No. 5697/2553 (2010)
The one-year period to recover possession runs only from the date the representative possessor notifies the true possessor of a change of holding under Section 1381, not from when the representative first took physical control.
Where defendants held land as representatives of the plaintiff, they could not be said to have 'wrested' possession until they notified the plaintiff of a change in their holding under Section 1381; the one-year period to reclaim possession (Section 1375) did not begin until that notification.
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 a tenant ever acquire the rented property by adverse possession?
Generally no. A tenant holds as a representative of the owner under Section 1381. To convert that possession into adverse possession, the tenant would need to formally notify the landlord that they are now holding on their own account — mere long occupation without such notice does not establish adverse possession.