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ResourcesThai Civil and Commercial CodeBook4Property Title II Ownership Chapter I Acquisition of Ownership

Property Title II Ownership Chapter I Acquisition of Ownership

Page: 169

Section: 1314 - 1321

Section 1314.- The provisions of Sections 1310, 1311 and 1313 apply mutatis mutandis to any kind of work which is fixed to land, and to the planting of trees or crops.

However, in case of paddy or other crops harvested one or more times a year, the owner of the land must either allow the person in good faith or the conditional owner who has made the planting to remain in possession of land till after the harvest on payment of a sum of money based on the rental value of the land, or take immediate possession of the land on payment of compensation to the other party.


Section 1315.- When a person has constructed buildings, or has made any other work which is fixed to land, or has planted trees or crops, on his land with materials belonging to another person, he becomes the owner of the materials, but he must pay for their value.


Section 1316.- If several movables belonging to different persons have been joined in such manner that they become component parts or indivisible, the different persons become co-owners of the composite thing, each person’s share being proportionate to the value of his thing at the time of its being joined with the other things.

If one of the things could be regarded as the principal thing, its owner becomes sole owner of the composite thing, but he must pay the value of the other things to their respective owners.


Section 1317.- If a person uses materials belonging to another person to make a new thing, the latter person becomes the owner of such thing, irrespective of the question whether the materials can or cannot assume their former condition, but he must pay for the work.

However, if the value of the work greatly exceeds the value of the materials used, the worker shall become the owner of the thing, which is the result of his work, but he must pay for the value of the materials.


Section 1318.- A person may acquire the ownership of an ownerless movable by occupation, unless the occupation is forbidden by law or is in violation of another person’s right to occupy such movable.


Section 1319.- A movable becomes ownerless if the owner gives up its possession with the intention of renouncing its ownership.


Section 1320.- Subject to special laws and regulations relating thereto, wild animals are ownerless so long as they have their freedom. Wild animals in zoological gardens and fishes in ponds or other enclosed private waters are not ownerless.

A captured wild animal becomes ownerless if it regains its freedom and the owner does not pursue it without delay or gives up the pursuit.

A tamed animal becomes ownerless if it gives up the habit of returning.


Section 1321.- Subject to special laws and regulations relating thereto, a person who catches a wild animal on waste lands or in public waters, or, without opposition of the owner, on private lands or in private waters, becomes its owner.