Section 1390

Supreme Court decisions interpreting this section

1. 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.

   Read the full decision (deka.in.th)

2. 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.

   Read the full decision (deka.in.th)

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.