Section 1401
Statutory text (Thai original)
ภาระจำยอมอาจได้มาโดยอายุความ ท่านให้นำบทบัญญัติว่าด้วยอายุความได้สิทธิอันกล่าวไว้ใน
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
Servitude may be acquired by prescription, the provisions concerning acquisitive prescription as described in Title III of this book shall apply mutatis mutandis. feedback (/form/1-samuiforsale-contact-form.html?tmpl=component) /
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1401 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 dominant owner's intent must be to acquire a right in the servient land as owner of the dominant tenement, not as a licensee; cases routinely fail because the user accepted the servient owner's permission at some point. Once acquired, the dominant owner should apply to court and register the servitude. Laypersons: if you have used a path across your neighbour's land openly, continuously, and without ever asking their permission for ten years, you may have a right to apply to court for a permanent registered right of way.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 9322/2552 (2009) ★ Landmark
Servitude by prescription under section 1401 requires actual, continuous, open use of the servient land with intent to acquire the right — mirroring the adverse possession standard of section 1382.
Acquisition of a servitude by prescription under section 1401 read with section 1382 requires the dominant owner to use the servient land peacefully, openly, and with the intent to acquire the servitude right; the key factor is actual, continuing use of the servient land by the dominant owner.
-
Supreme Court Judgment No. 6459/2551 (2008)
A servitude acquired by prescription before the land was sold binds the subsequent purchaser even if that purchaser bought in good faith at a court auction.
Although the plaintiff purchased the land at a court auction in good faith, the defendant had already used the land continuously, openly, and with owner's intent for more than ten years before the plaintiff's acquisition; the defendant had therefore acquired a servitude by prescription under section 1401 which bound the plaintiff.
-
Supreme Court Judgment No. 4000/2548 (2005)
Use of a path with the owner's consent does not satisfy the adversity requirement of section 1382 as applied via section 1401; no prescriptive servitude arises from consented use.
The plaintiff had used the disputed path with the original owner P's consent; the court held that use with the owner's consent is not adverse use under section 1382 as applied by section 1401, and therefore the plaintiff had not acquired a servitude by prescription.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.