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ResourcesThai Civil and Commercial CodeBook4Property Title II Ownership Chapter III Co-ownership

Property Title II Ownership Chapter III Co-ownership

Page: 174

Section: 1352 - 1358

Section 1352.- The owner of a piece of land is bound, subject to reasonable compensation being paid him, to allow the laying through his land of water pipes, drainage pipes, electric wires or similar installations for the use of the adjoining land if, without making use of his land, they could not be laid or could be laid only at an excessive cost ; but he may require that his interests be taken into consideration.

In exceptional cases where the installations are to be above ground, he may require that a reasonable portion of his land, over which such installations are to be laid, shall be bought from him at a price which will cover the value of the land and compensation for any damage from the sale.

Where the circumstances are changed, he may require that the installations be removed to such different part of his land as may be suitable to his interests.

The cost of removal must be borne by the owner of the adjoining land. However, if the special circumstances of the case so require, the other land owner may be held liable for a reasonable proportion of the cost.


Section 1353.- A person may lead his cattle into or through another person’s unenclosed land for grazing and watering ; he may fetch water from a well or pond within such land ; provided always that it is not a plantation and is not prepared for cultivation, sown or covered with a crop. The owner of the land may however forbid such action.


Section 1354.- A person may, if permitted by local customs, enter a wood, forest or pasture land owned by another person to collect fuel or gather wild fruits, vegetables, mushrooms and the like, provided that the owner does not prohibit it.


Section 1355.- The owner of a piece of land along or through which a waterway passes is not entitled to draw more water than is necessary for his reasonable needs to the prejudice of any other piece of land on the waterway.





Section 1356.- If a property belongs to several persons in common the provisions of this Chapter apply unless otherwise provided by law.


Section 1357.- Co-owners are presumed to have equal shares.


Section 1358.-  Co-owners are presumed to have the right to manage the property in common.

Matters of ordinary management are decided by the majority of the co-owners. However, each co-owner may do an act of ordinary management unless the majority has decided otherwise ; but, in any case he may do acts of preservation.

All important matters of management must be decided by a majority of co-owners who must also represent at least half the value of the property.

A change of object may be decided upon only by the consent of all the co-owners.