Section 1390
Statutory text (Thai original)
ท่านมิให้เจ้าของภารยทรัพย์ประกอบกรรมใด ๆ อันจะเป็นเหตุให้ประโยชน์แห่งภาระจำยอมลดไปหรือเสื่อมความสะดวก
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
The owner of the servient property must refrain from any act which will tend to diminish the utility of the servitude or to make it less convenient.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1390 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: any act by the servient owner that physically or practically diminishes the dominant owner's ability to use the servitude is actionable — whether construction, planting, blocking, or narrowing. Laypersons: if your neighbour plants trees, builds a fence, or places obstacles on a right-of-way that your plot has over their land, you can demand removal and compensation under section 1390.
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. 6226/2552 (2009)
The servient owner's duty under section 1390 applies regardless of whether the dominant owner actually uses the servitude at the relevant time.
The disputed path was a road within a land subdivision project burdened as a servitude for the benefit of the plaintiff's land; regardless of whether cars could actually use it, the servitude provisions required the defendant to maintain it and refrain from any act diminishing its utility.
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Supreme Court Judgment No. 3748/2546 (2003)
Placing posts or obstructions that narrow a servitude path violates the servient owner's duty under section 1390 not to diminish the servitude's utility.
The plaintiff, as dominant owner, had the right to use the four-metre-wide servitude path at any point and time. The defendant drove concrete posts into the path, narrowing it and making it inconvenient; this violated section 1390.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.