When selecting real estate or land for residential and business purposes, one of the first and most critical aspects to inspect is the “entrance-exit access.” However, if you find a piece of land you like but it happens to be landlocked—surrounded by other plots with no access to a public road—or if you unwittingly purchased one, this problem can be resolved through 2 main legal mechanisms: requesting a Way of Necessity and creating a Servitude, both of which differ entirely in details, procedures, and legal benefits.
Legal Summary Guidance: What to Do When Buying Landlocked Land? If you buy landlocked land with no access to a public road, you have a legal right to demand the opening of a “Way of Necessity” through surrounding land to reach a public road pursuant to Section 1349 of the Civil and Commercial Code, provided you pay compensation for using the path to the owner of that land. Alternatively, another method is to negotiate for the registration of a “Servitude” with neighboring land owners by entering into a mutual agreement and properly registering the right at the Department of Lands.
In-Depth Differences: How Do “Way of Necessity” and “Servitude” Differ? Although the primary objective of both rights is to open access points for landlocked land, significant differences exist in legal substance and enforcement. Yuttithambhibarn Law Office has summarized the key criteria for easy understanding as follows:
Right to Request a “Way of Necessity” (Enforced by Operation of Law)
- Arises from Physical Necessity of the Land: The land is genuinely enclosed with no exit, or an exit exists but requires crossing a pond, marsh, sea, or steep terrain involving extreme difficulty.
- Selection of Route: The law dictates cutting a path through surrounding plots that causes the least damage to other land while providing reasonable convenience to the requester.
- Width of the Path: The Court usually considers granting width based on actual necessity for passage (such as a walkway or a suitable vehicle path).
- Compensation: The requester of a Way of Necessity must pay appropriate monetary compensation to the landowner granting passage.
Right to Request a “Servitude” (Arises from Legal Transaction Contract or Prescription)
- Arises from Agreement or Usage: May result from contract negotiations between landowners (contracts between dominant and servient properties) or prescription, which means passing through that land peacefully, openly, and with the intention to enjoy the right continuously for over 10 years.
- Advantages: The width and format of the path can be freely agreed upon, such as requesting an extra-large route to drive commercial cargo trucks.
- Security of Rights: This contract must be registered with the land officer so that the Servitude right remains attached to and runs with the land permanently, even if land ownership changes hands in the future.
Steps to Claim Rights and Prepare Evidence to Request Access Opening When negotiations with neighboring landowners fail or result in exorbitant compensation demands, turning to judicial proceedings to consider rights becomes the next step. Items you must prepare together with your legal team include:
- Cadastral Maps and Land Title Deeds: To clearly prove to the Court and officials that your land is indeed landlocked and which plots surround it.
- Photos and Videos of the Actual Site: Showing physical characteristics, location coordinates, and the desired path layout for utility usage.
- Negotiation Evidence (If Any): Such as formal notices requesting passage or chat records showing good-faith attempts to negotiate compensation.
Consult Land Lawyers: Strategic Planning in Ramkhamhaeng-Wang Thonglang Area Disputes regarding land law and real estate access routes are highly delicate cases. Owners of landlocked land require strategic thinking in choosing to file a lawsuit or laying out road routes through neighboring land to minimize damage to the other party and save as much compensation cost as possible under court-accepted standards.
If you are experiencing landlocked land problems in Bangkok—especially in prime areas with high spatial complexity like Ramkhamhaeng, Wang Thonglang, or Lat Phrao—and require transparent advice regarding title deed checks, litigation success chances, and clear, straightforward fee structures, you can immediately contact our team of Barrister-at-Law attorneys with over 15 years of land litigation experience using the details below:
Office Location: No. 573/133 Ramkhamhaeng 39, Phlabphla Subdistrict, Wang Thonglang District, Bangkok 10310 (Conveniently accessible, near Ramkhamhaeng and Lat Phrao areas)
Hotline Phone Number: 09-6985-9545
Email for sending document details: info@yuttithamlaw.com
Frequently Asked Questions Regarding Landlocked Land and Way of Necessity (FAQ)
Q: If land was originally part of the same plot but became landlocked after an inheritance division, can a Way of Necessity be requested for free?
A: According to Section 1350 of the Civil and Commercial Code, it is clearly specified that if land is divided or transferred in a manner that leaves one plot landlocked, the owner of that landlocked plot has the right to demand a Way of Necessity only over the land that was divided. Most importantly, “no compensation needs to be paid” to the landowner granting passage.
Q: Once we have registered a Servitude, can the original landowner build a fence or obstacle to block the path?
A: No, they cannot. The owner of the servient property (the party granting passage) must not perform any act that reduces the benefit of the Servitude or diminishes its convenience. If an obstacle is placed to block the way, the Servitude holder has the right to file a lawsuit with the court to enforce removal and immediately claim damages.
