Section 1387 — Servitude — definition
Statutory text (Thai original)
อสังหาริมทรัพย์อาจต้องตกอยู่ในภาระจำยอมอันเป็นเหตุให้เจ้าของต้องยอมรับกรรมบางอย่างซึ่งกระทบถึงทรัพย์สินของตน หรือต้องงดเว้นการใช้สิทธิบางอย่างอันมีอยู่ในกรรมสิทธิ์ทรัพย์สินนั้น เพื่อประโยชน์แก่อสังหาริมทรัพย์อื่น
Verbatim from the Royal Gazette / Office of the Council of State
English translation
An immovable property may be subjected to a servitude by virtue of which the owner of such property is bound, for the benefit of another immovable property, to suffer certain act affecting his property or to refrain from exercising certain rights inherent in his ownership.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1387 codifies the real-property servitude — Thai law's version of an easement. Typical servitudes: rights of way, drainage, electricity-line passage, light/view easements. The servitude attaches to the land itself and passes to whoever owns the dominant or servient land — not personal to the original parties. Registration at the Land Office under §1299 is essential; without registration, the servitude binds only the original parties. Different from the §1349 "way of necessity" which arises by statute, not agreement.
Why this matters in practice
Lawyers: a servitude attaches to the dominant land, not to a person; it runs with both plots on transfer. Consent-based use, even for decades, does not ripen into a servitude unless it was adverse (without the servient owner's permission). Laypersons: a registered right of way across your neighbour's land (e.g. an access road) is a servitude; it belongs to your plot, not to you personally, and passes to future buyers of your land. Using the neighbour's land with their permission does not give you this right — you must either register it or use it without permission for ten continuous years.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment. A servitude must be registered under section 1299 to be fully effective as a real right against third parties; it may also arise by prescription under section 1401.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 417/2553 (2010) ★ Landmark
Consented use of another's land, however prolonged, cannot ripen into a servitude by prescription; adverse use without the owner's consent is essential.
The plaintiff had used the disputed path for over thirty years but had always done so with the defendant's consent; no matter how long the consented use continued, the plaintiff did not acquire a servitude by prescription under section 1387 because the use was not adverse to the servient owner.
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Supreme Court Judgment No. 251/2542 (1999)
A claim for either a way of necessity or a servitude may be pleaded in the alternative; the court determines which applies on the evidence.
The plaintiff pleaded that the disputed path was either a way of necessity or a servitude; the court was entitled to determine which category applied based on the evidence, and the two causes of action were not mutually exclusive in the same pleading.
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Supreme Court Judgment No. 672/2542 (1999)
Subdivision of the servient tenement does not extinguish the servitude; successor plots remain burdened in proportion to the original charge.
After a servient plot was subdivided and part of it was issued as separate title deeds, the remaining portion of the original servient plot still retained its character as a servitude-burdened strip, binding all successor plots that derived from the original servient tenement.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What is the difference between a servitude and a way of necessity?
A servitude (section 1387) is a registered real right voluntarily granted or acquired by ten years' adverse use; it runs with the land and binds future owners. A way of necessity (section 1349) is a statutory right arising automatically when land is landlocked; it does not require registration and is limited to the minimum passage needed. A servitude can cover many things besides passage (drainage, views, etc.); a way of necessity covers only pedestrian and vehicle access.
Does using a path across my neighbour's land for 10 years automatically give me a servitude?
Only if the use was adverse — meaning without the neighbour's permission, openly, and continuously for ten years. If at any point the neighbour gave consent, the clock resets and the consented period does not count toward the ten years. You should then apply to court for a declaration and register the servitude at the Land Office.