Easements and Right of Way in Thailand: How to Secure Lawful Access to Your Property

Why Buyers in Thailand Need to Understand Easements

An easement (servitude, or 'phra cham yom' in Thai) is a real right to use another person's property within defined limits, without owning it. For a foreigner purchasing a villa or land in Thailand, this is not an abstract legal concept but a practical matter: will the plot have guaranteed, legally protected access to a road, water supply and utilities? A plot without a registered right of access may look attractive but be effectively cut off from the outside world, and its value can drop sharply as a result.

The easement framework is governed by Sections 1387-1401 of the Civil and Commercial Code of Thailand (CCC). Under Section 1387, immovable property may be subject to an easement by which its owner is required to tolerate certain acts in relation to that property, or to refrain from exercising certain ownership rights, all for the benefit of another piece of immovable property.

Two Plots: Dominant and Servient

Every easement involves at least two parcels of land:

• Dominant plot - the one for whose benefit the encumbrance is created. For example, your villa that needs road access.
• Servient plot - the one that bears the encumbrance. The road, pipeline or drainage ditch runs across it.

An easement is attached to the land itself, not to the identity of the owner. This means that when either plot is sold, the right follows the property: the new owner of the dominant plot retains the right of access, and the new owner of the servient plot remains obliged to allow it. Accordingly, the encumbrance reduces the value of the servient plot and increases the value of the dominant one.

What an Easement Can Cover

The most common subjects of an easement are:

• the right to walk or drive across neighbouring land to reach a public road;
• the laying and maintenance of pipelines, cables and other utilities;
• the construction of irrigation and drainage channels;
• the use of a neighbouring well or water source;
• restrictions on construction and building height on a neighbouring plot.

The last point matters for buyers of properties with views. The Thai Land Department permits private building restrictions to be created by easement, even where planning regulations would otherwise allow the neighbour to build to a greater height. In other words, a sea view can be legally 'reserved' by burdening the neighbouring plot with a prohibition on tall construction.

How an Easement is Created

There are two main routes:

1. Registration at the Land Department. The parties enter into an agreement, and the encumbrance is entered in the records for both plots (generally noted on the reverse side of the Chanote, i.e. the Nor Sor 4 title document). Only a registered easement is reliably enforceable against third parties and passes to future buyers.
2. Acquisition by prescription (Section 1401 CCC): if actual use, for example a right of way, has been exercised openly and continuously for 10 years, the right may arise by operation of prescription. However, establishing it requires court proceedings, which are lengthy and not guaranteed to succeed.

The practical conclusion is straightforward: a verbal arrangement with a neighbour is not sufficient. Only an easement entered in the register is protected.

Easements and the Right of Necessary Passage Are Not the Same Thing

Buyers often confuse a voluntary easement with the right of access to a 'landlocked' plot. If land is completely surrounded by other people's plots and has no outlet to a public road, the CCC (Sections 1349-1350) gives the owner the right to demand passage across neighbouring land, in exchange for reasonable compensation. This is the right of necessary passage, and it exists by operation of law rather than by agreement.

Relying solely on the right of necessary passage is risky, however: its boundaries, width and the payment due are often determined through litigation. Registering a full easement is the more reliable approach.

Obligations of the Parties

The CCC allocates responsibilities fairly clearly:

• The owner of the dominant plot bears the costs of maintaining the subject of the easement, for example repairs to the access road (Section 1391), and may not increase the burden beyond what was agreed (Section 1388).
• The owner of the servient plot must not take any action that diminishes the utility of the easement (Section 1390), such as blocking the access road.

When an Easement Is Extinguished

The right is not permanent. The principal grounds for extinguishment are:

• total destruction of either plot (Section 1397);
• non-use for a period of 10 years (Section 1399);
• merger of the dominant and servient plots in the hands of a single owner (Section 1398);
• loss of any benefit to the dominant plot from the easement (Section 1400), with the possibility of revival if circumstances change.

The 10-year non-use rule deserves particular attention: if a registered right of way is not actually exercised, the right may eventually lapse.

What to Check and What to Watch Out For

• Obtain a fresh title extract (Chanote) and examine the reverse of the document for any easement entries, both those benefiting your plot and those burdening it.
• Confirm that access to the plot is secured by a registered easement and not merely by a neighbour's goodwill.
• Compare the access route described in the register with the physical reality: check that the width, location and purpose match (pedestrian access only, or also vehicular access and utility lines).
• For properties sold on the strength of their views, check whether a height-restriction easement over neighbouring plots exists or can be created.
• If the plot is landlocked, address the right of necessary passage and its registration at the outset, so that you are not dependent on a neighbour's disposition.
• Engage an independent Thai lawyer to carry out due diligence and formalise all arrangements through the Land Department rather than by private written agreement.