Section 1382 — Adverse possession — ten years (immovable) / five years (movable)
Statutory text (Thai original)
บุคคลใดครอบครองทรัพย์สินของผู้อื่นไว้โดยความสงบและโดยเปิดเผยด้วยเจตนาเป็นเจ้าของ ถ้าเป็นอสังหาริมทรัพย์ได้ครอบครองติดต่อกันเป็นเวลาสิบปี ถ้าเป็นสังหาริมทรัพย์ได้ครอบครองติดต่อกันเป็นเวลาห้าปีไซร้ ท่านว่าบุคคลนั้นได้กรรมสิทธิ์
Verbatim from the Royal Gazette / Office of the Council of State
English translation
A person who, peacefully and openly, possesses the property of another with the intention of being its owner acquires ownership of such property when he has been continuously in possession for a period of ten years if the property is immovable, or five years if it is movable.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Three elements must be proved cumulatively: (1) peaceful possession — no force, no concealment, no permission from the owner; (2) open possession — visible to a reasonable owner exercising diligence; and (3) intention to own (animus domini) — possessor must hold the property as their own, not as tenant, caretaker, or licensee. The 10-year clock is broken by the registered owner's express objection, by litigation, or by acknowledgement (§1377). Note: adverse possession does not run against state land or land held under Sor Por Kor 4-01 or other restricted title.
Why this matters in practice
Lawyers: adverse possession of titled land requires all three elements simultaneously throughout the ten years — peaceful (no contest by the owner), open (visible to neighbours and the true owner), and with owner's intent. A licensee or tenant cannot start time running without a clear change of character. Laypersons: if you have occupied land titled in someone else's name continuously for ten years — openly, without hiding, and treating it as your own — you may apply to court to have the title transferred to you. Be aware: the owner can interrupt the period by taking legal action.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment. The ten-year period for titled immovables has been consistently applied by the Supreme Court. State public-domain land under section 1304 is immune from adverse possession.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 9788/2553 (2010) ★ Landmark
Adverse possession under section 1382 requires all three elements — peaceful, open, and owner's intent — to subsist continuously throughout the entire ten-year period.
Acquisition of ownership by adverse possession under section 1382 requires possession that is peaceful, open, and with owner's intent, continuously for ten years. The court examined whether the defendant's possession of the plaintiff's land met all three elements throughout the period.
-
Supreme Court Judgment No. 6151/2558 (2015)
Adverse possession under section 1382 does not require knowledge that the land belongs to another; good-faith possession with owner's intent satisfies the requirement.
The defendant possessed the plaintiff's land under a mistaken belief that it was the defendant's own land; the court held that possession with owner's intent under section 1382 does not require knowledge that the land belongs to another — possession in good faith with the intention of ownership is sufficient.
-
Supreme Court Judgment No. 14291/2558 (2015)
A co-owner's standing to sue for ejectment alone is a public-order issue; separately, the court must determine whether the occupier's possession satisfies section 1382.
The plaintiff, as one co-owner of the disputed land, sought to eject the defendant. The question of whether a co-owner alone has standing to sue for ejectment is a matter of public order, raiseable by the defendant even without prior pleading; the court also considered whether the defendant's occupation might have ripened into adverse possession under section 1382.
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 or licensee acquire ownership of land by adverse possession?
No — a tenant or licensee holds with the owner's consent and does not have 'owner's intent'. They are not in adverse possession. To start time running, they would need to openly repudiate the tenancy/licence and possess as owner, which would require clear outward conduct indicating the change of character.
What happens if the true owner sells titled land that someone else has already adversely possessed for ten years?
Once the ten-year adverse possession period is complete, the possessor acquires ownership by operation of law. The registered owner's title is extinguished, even if the possessor has not yet applied to court to update the title deed. A subsequent buyer of the registered title takes subject to the adverse possessor's rights.