Property and Real Estate Disputes in Thailand

Property and real estate disputes in Thailand are common, fact-intensive and — because Thai land title types and registration practice matter so much — often won or lost on documentary proof and a correct procedural strategy. This guide explains the typical dispute types (title, boundary/encroachment, adverse possession, condominium, mortgage/creditor, construction and contractual claims), the legal mechanisms used to resolve them, practical evidence and interim steps, likely timelines and cost drivers, and how to avoid getting trapped by Thai idiosyncrasies.

Why Thailand’s title system changes the game

Thailand’s Land Department issues several title types with very different legal strength — the chanote (Nor Sor 4 Jor) is the strongest, while Nor Sor 3 / Nor Sor 3 Gor and various possession/registration certificates carry weaker protections. The title type determines how easy it is to register encumbrances, obtain mortgages, and defend against competing claims — so the first practical step in any dispute is to inspect the original title at the local Land Office and obtain an up-to-date extract.

The common dispute categories

1. Title pedigree & competing ownership claims. Gaps in the chain of ownership, forged transfers or simultaneous conveyances often trigger litigation and criminal complaints. A full chain-of-title review and forensic comparison of deeds is essential.

2. Boundary errors and encroachment. Survey discrepancies between the registered plan and physical markers are frequent (old survey pins lost, Nor Sor 3 plots not accurately surveyed). Resolving these normally requires a licensed surveyor’s report and sometimes a court-ordered re-survey.

3. Adverse possession (prescription / squatter claims). Under Thai law, open, peaceful and continuous possession with intention to own can ripen into ownership after statutory periods (typically 10 years for immovable property in many cases). Adverse-possession claims are highly factual and courts scrutinize the nature and continuity of possession.

4. Condominium and juristic-person disputes. Conflicts over common-area management, sinking-fund use, parking rights or building defects are typically resolved under condominium statutes and the juristic-person regulations; internal dispute procedures plus evidence of meeting minutes and accounts are decisive.

5. Mortgages, creditors and competing priorities. Registered mortgages and other Land Department entries have priority by registration order; non-registered agreements or informal pledges are weak against later bona-fide purchasers. Lenders rely on registration and clear title searches.

6. Construction, defect and contractor claims. Disputes over workmanship, defects or delayed handover often combine contract law, warranty obligations and building-permit compliance — expert engineers and detailed as-built records are usually required.

How disputes get resolved — practical pathways

1) Negotiation & mediation (highly recommended first)

Most property disputes in Thailand are settled by negotiation or court-facilitated mediation. Thai courts commonly encourage pre-trial mediation, and mediated settlements recorded at the court are enforceable as judgments. Early, structured mediation saves time and money.

2) Administrative remedies at the Land Department

For certain registry errors, parties can file petitions with the local Land Office — for example, to correct obvious clerical mistakes or request a re-survey. The Land Department also receives complaints and can order administrative steps that sometimes resolve issues quickly without full litigation.

3) Civil litigation

When negotiation fails, parties sue in civil court for declaratory relief (quiet title), injunctions, damages, partition or specific performance. Expect fact-heavy evidence production — original title deeds, surveyor reports, tax receipts and witness statements. Courts may order their own survey and appoint technical experts.

4) Interim relief — preservation orders & injunctions

If there’s a real risk of asset dissipation (land being sold, buildings demolished), Thai courts can grant interim injunctions or preservation orders. Such relief is discretionary and requires credible evidence of urgency and irreparable harm. Use this early where risk is high.

5) Criminal complaints

Where fraud or forged titles are suspected, file a criminal complaint (and often ex parte preservation applications) — criminal proceedings can run alongside civil claims and they provide tools (police investigations, forensic document analysis) helpful to the civil case.

Evidence & expert proof — what wins cases

• Original title deed & Land Office extract (obtain recent extract dated within days of filing).

• Licensed land surveyor’s report tying the registered plan to on-site markers; aerial or GPS evidence is increasingly persuasive.

• Bank remittance records (FET) and receipts to trace purchase funds — crucial in mixed-nationality purchases or claims of separate ownership.

• Photographs, continuous possession records and witness affidavits for adverse-possession claims.

• Construction contracts, inspection reports and defect lists for building disputes.

Timelines, costs and realistic expectations

Simple administrative corrections or mediated settlements can resolve in weeks to months. Civil trials for complex title or boundary litigation typically take 12–36 months (longer if appeal is required). Costs depend on complexity and expert witness needs — forensic surveys and valuation experts add materially to fees. Plan for parallel criminal investigations if fraud is alleged; these proceed on different timetables.

Practical prevention — the best litigation avoidance steps

• Inspect original title at the Land Office and obtain a current extract before purchase.

• Commission an independent licensed surveyor when boundaries or title types are not chanote.

• Use clear, signed SPAs with robust warranties and escrow for deposits; register leases and mortgages to protect priorities.

• Keep documentary proof of funds (FETs for foreign remittances) and receipts.

• Include dispute-resolution clauses (mediation → arbitration/court; seat and governing law) but remember Land Department registration issues are inherently local and administrative remedies may still apply.

Conclusion

Property disputes in Thailand are resolvable, but success depends on the right mix of documentary proof, early survey evidence, and an appropriate dispute path (administrative correction, mediation, civil suit, or criminal complaint). Start every property transaction with a Land Office extract and licensed survey, preserve original documents, budget for expert evidence, and involve experienced Thai property counsel early — prevention and early mediation usually save the most time and money.