Section 389 — Petty trespass to immovable property
English translation
Whoever trespasses into the immovable property of another in order to take possession of that immovable property, in whole or in part, or enters to do any act disturbing the peaceful possession of his immovable property, shall be liable to imprisonment not exceeding one month, or a fine not exceeding ten thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This section is the low-level counterpart to the main trespass offences in the property-crimes provisions. The elements are (1) entering the immovable property of another, and (2) doing so either to take possession of it wholly or partly, or to do an act disturbing the possessor's peaceful possession. The defining feature is the trespasser's purpose, taking possession or disturbing possession, which separates this offence from the aggravated forms of trespass that carry heavier penalties, for example those committed at night, by force, or by several persons together.
Why this matters in practice
Penalty exposure is limited: one month's imprisonment or a fine up to 10,000 baht. The frequent dispute is whether the entrant had a purpose of taking or disturbing possession, as opposed to a genuine claim of right or a boundary or land-use dispute better resolved as a civil matter. Where aggravating circumstances are present, such as entry at night, use of force, or acting in a group, the prosecution may charge a heavier trespass offence instead of this petty one.
Frequently asked questions
What makes trespass a petty offence under Section 389?
Section 389 covers entering another's immovable property to take possession, wholly or partly, or to disturb peaceful possession, without the aggravating circumstances that trigger heavier trespass offences.
Is a boundary dispute a crime under Section 389?
Not necessarily. A genuine claim of right or a land-boundary dispute may lack the purpose of taking or disturbing possession and is often better resolved as a civil matter.