Liability on adjoining land

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BUSHWHACKER
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Liability on adjoining land

Post by BUSHWHACKER » Thu Jul 06, 2017 9:39 am

I recently bought some property here. The property has a house, garage and swimming pool.
Recently, someone bought the empty lot that adjoins my property. There are no structures on this lot except for a man made well about 3 meters deep, constructed with concrete cylinders.
The people who bought the property learned that the well was constructed by the people who once owned the property that I bought from them. They dug the well there as a source of irrigation water for their lawn and garden.
Now, the people who own the land want me to remove the concrete cylinders and fill in the well.
I feel that I have no responsibility with this issue. I knew nothing about any well on the adjoining property. Also the well was clearly visible when the current owners of the property with the well, bought the land. When they bought the property, they bought the well.
Looking at it another way, I think that if they dug a hole and discovered a container full of gold coins with my address on it, they would claim the gold as it was on their property.
Question is, without paying a lawyer yet, am I liable?
Bushwhacker

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Nereus
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Re: Liability

Post by Nereus » Thu Jul 06, 2017 9:47 am

:lach: :lach: Worth a try, stupid Farang will not know!

Tell him something that involves sex and travel!
May you be in heaven half an hour before the devil know`s you`re dead!

musungu
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Re: Liability

Post by musungu » Thu Jul 06, 2017 10:32 am

Liable? - without any doubt the answer is a resounding NO !
Prior Planning & Preparation Prevents Piss Poor Performance.

RCer
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Re: Liability

Post by RCer » Thu Jul 06, 2017 12:02 pm

This is Thailand. Find someone schooled in Thai law and certified to answer legal questions.

In the US, the answer would be no.

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JimmyGreaves
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Re: Liability

Post by JimmyGreaves » Thu Jul 06, 2017 12:14 pm

RCer wrote:
Thu Jul 06, 2017 12:02 pm
This is Thailand. Find someone schooled in Thai law and certified to answer legal questions.

In the US, the answer would be no.
Yes so more of our hosts can fleece you!!
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J.J.B.
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Re: Liability

Post by J.J.B. » Thu Jul 06, 2017 1:00 pm

On the face of it I can't see you being liable in any way. At the same time, there could be some binding covenant based on the whole parcel of land that the previous owners sold in part to you governing such things as wells, sewers, electrical cables etc.

I would want to know on what legal grounds the new neighbours think you are liable and take it from there.
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BUSHWHACKER
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Re: Liability on adjoining land

Post by BUSHWHACKER » Thu Jul 06, 2017 2:05 pm

I had someone ask a lawyer friend of hers and the answer was that I have no liability. I am just trying to see if I can get other opinions before telling the requestor to get on his bike.
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Re: Liability on adjoining land

Post by Bluesky » Thu Jul 06, 2017 2:56 pm

From information provided on your posting I would think it unlikely that you would carry any liability.
However, if you have been using the well to draw water for your own purposes since you purchased your property and it can be proven, there may be an issue.
Likewise if their was a binding agreement in place between the the previous owner of your parcel of land and the previous owner of the ajoining land regarding the sinking of the well and drawing of water.
If there was a clause that formed part of the contract of sale/purchase for either yourself or, the sale/purchase by the new owner of the ajoining block regarding the well there may be an issue regarding well usage/reinstatement of the land.
I would be seeking an explanation (preferably in writing) on what basis you would be liable from the new purchaser of the ajoining block.
It may well be worthwhile to invest a little time and money and have a competent Thai qualified lawyer check your contract of sale/purchase and opine on the matter.
You may have already thought of this bit how you deal with this issue will certainly have a bearing one way or another on you future relationship with your neighbour.

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