Right Of Way

[PAINTER01]

Hi I have a querie about right of way on a multi house project. The landseller cannot or will not put in writting that I have right of way across the sites comunual road to access the public highway.
Is this common? or if we do not get it in writing would worse case scenrio be that I am refused access to my house because we have no right of way through the private road to my house?
I appear to be at an impass my lawyer says we must have it and the landowner and developer says that it is not required and we clearly have access (but not written or registered)

Is there any one on multi house sites who does have this right of way access in writing or is this my lawyer being too protective for me.

Painter01

[DawnHRD]

Only by rumour/gossip mill but I've heard of one development where a couple of houses were denied their right of way after they moved in, because they had nothing in writing. That would have been about a year ago now.

[Guess]

............or is this my lawyer being too protective for me.

Painter01

I don't think he is. He is doing his job properly by the sound of it. If you do not have direct access to a public highway from you property you must get rights of access agreement signed by the landowners which I believ is then lodged with the Tessabarn.

[malcolminthemiddle]

It is called a "ransom strip" for obvious reasons.

In the poorly written standard Thai Land Purchase Agreements I have seen it is described as "servitude access'.

Guess is correct registration is normally done at the same time the land transfer or lease agreement is lodged at the Land Department.

Problems with the existing title of the common road maybe the cause of his reluctance to register your servitude access, which I assume would be retrospective?

Do you have any leverage left with your builder/developer?

[PAINTER01]

Thanks for the reply I think you have confirmed my concerns about the possibility of having restricted access at some point in the future.
Although this is unlikely I have to look at worse case scenario, I imagine the security guard with a barrier imposing a 50 baht admission fee to my estate

[DawnHRD]

In the case I heard about, although I have to point out (again) I have no knowledge of its veracity, concrete bollards were erected across the respective "right of ways"

[malcolminthemiddle]

Another nail in the resale coffin.

Who will buy a property without legal right of access?

Prices dropping yet?

[Jaime]

I foresee an increase in helicopter sales. Buy now before they get too expensive.

[PeteC]

I foresee an increase in helicopter sales. Buy now before they get too expensive.

This happened all the time in the old west. Blocked the cattle from the water hole. Just stampeed the beasts through the fence. Modern day terms; rev the SUV and go for it and I doubt he'll shoot at you. If enough Fortuners, Tigers, Vigos et al bolt, he'll run for the hills! Pete

[PAINTER01]

Thanks for the replies and the pm, JW.
Had a long talk with my lawyer today and there was a misunderstanding.

There is no problem with the road around my site. The problem is one of the small Soi's which goes to my part of town which does not concern me.

Thanks again for the replies, it goes to show that when you have a problem there are people on the ground who can answer and help and if not solve offer guidance and reasurrance

Many Thanks


Painter

[JW]

No worries, if you have anything else that concerns you feel free to ask.
Hope all gets sorted out.