Section 313 — Seizing real rights in immovables
Statutory text (Thai original)
การยึดทรัพยสิทธิอันเกี่ยวกับอสังหาริมทรัพย์นั้น ให้เจ้าพนักงานบังคับคดีกระทำโดยดำเนินการตามวิธีการที่บัญญัติไว้ในมาตรา ๓๑๒ โดยอนุโลม
English translation
The seizure of a real right relating to immovable property shall be carried out by the executing officer by proceeding in accordance with the method provided in Section 312, mutatis mutandis.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This closing section of the group applies the land-seizure method of Section 312 to real rights (jus in rem) that relate to immovable property, treating such rights as seizable assets. Because these rights are typically registered, the same steps of notice and register entry are used with any necessary adaptation. It ensures that valuable interests short of full ownership, tied to land, can be reached in execution. Older Supreme Court decisions citing Section 313 usually concern the pre-2017 numbering on attachment of claims, so they should be read against the current text.
Why this matters in practice
If a debtor holds a registered real right over land, such as a usufruct or servitude, rather than the land itself, that right may still be seized using the Section 312 procedure. Creditors should identify these interests in the land register and follow the same notice and recording steps. Their realisable value depends on the nature and terms of the right.
Frequently asked questions
How is a real right over land seized in execution?
Under Section 313, the executing officer seizes a real right relating to immovable property by applying the land-seizure method in Section 312, mutatis mutandis, including notice and a register entry.
What counts as a real right relating to immovable property?
These are property rights over land short of full ownership, such as a usufruct, servitude, or habitation right, which have value and are typically registered against the land.