Section 1399

Supreme Court decisions interpreting this section

1. Supreme Court Judgment No. 3940/2540 (1997)

   Using a previously burdened path only by permission of the servient owner after the servitude is obstructed amounts to non-use sufficient to extinguish the servitude under section 1399.

   The defendant had built a house and gated the disputed path about twenty years earlier; thereafter the plaintiff used the path only with the defendant's permission. Even though the plaintiff had formerly held a servitude, by subsequently using it only with permission the plaintiff effectively abandoned the servitude and it was extinguished by non-use under section 1399.

   Read the full decision (deka.in.th)

2. Supreme Court Judgment No. 2668/2541 (1998)

   Continued use of any part of the servitude prevents extinguishment by non-use under section 1399.

   The servitude agreement did not specify the exact boundary line of the right-of-way; the court held the servitude extended over all parts of the land necessary for the benefit described. Since the defendants continued to use the path, there was no non-use to trigger extinguishment under section 1399.

   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.