Access

Legal issues related to buying land, houses, condos in the LOS. Anything about contracts. Finance related, such as getting a mortgage, buying property from the bank, etc.

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ivankrakow
Posts: 6
Joined: Sun Jun 20, 2010 5:02 pm

Access

Post by ivankrakow »

Hi ,

I have a question, regarding land ( 9 Rai)I have been looking at near Myanmar.. I love the area, as it is pretty secluded, with limited amount of ex-pats, no traffic, 50% fruit trees, remainder Jasmine rice, surrounded by mountains, with a nearby rivers.. After reviewing the Chanote title, it was immediately clear to my Thai wife that there was no access. I contacted the sellers who contacted one of the abutters regarding the purchase of a small corner section of land (10M X 20M) , unfortunately they approached the dad ( wife is passed away), only to find out the daughter is the owner ? at this point I think the daughter thought that they were trying to scam her, as well as some loss of face? Now she will not sell at all? It is hard to believe as these folks don't have a lot of cash, although the daughter lives in town and is a school teacher, but still cash is cash? At this point when my wife return from the US, as I am working in Singapore, we will both approach the daughter to see what we can do.. I would like to verify who really owns the land , and exactly where the land boundaries are, as these folks may not own all that they say they do. I don't know any lawyers or if we should bother with that route, and the sellers seem to just accept this.

Any suggestions would be greatly appreciated.
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Sometimewoodworker
Posts: 2602
Joined: Wed Sep 19, 2007 1:22 pm
Location: Non Sa-At, Udon/ Watford UK
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Re: Access

Post by Sometimewoodworker »

ivankrakow wrote:Hi ,

I have a question, regarding land ( 9 Rai)I have been looking at near Myanmar.. I love the area, as it is pretty secluded, with limited amount of ex-pats, no traffic, 50% fruit trees, remainder Jasmine rice, surrounded by mountains, with a nearby rivers.. After reviewing the Chanote title, it was immediately clear to my Thai wife that there was no access. I contacted the sellers who contacted one of the abutters regarding the purchase of a small corner section of land (10M X 20M) , unfortunately they approached the dad ( wife is passed away), only to find out the daughter is the owner ? at this point I think the daughter thought that they were trying to scam her, as well as some loss of face? Now she will not sell at all? It is hard to believe as these folks don't have a lot of cash, although the daughter lives in town and is a school teacher, but still cash is cash? At this point when my wife return from the US, as I am working in Singapore, we will both approach the daughter to see what we can do.. I would like to verify who really owns the land , and exactly where the land boundaries are, as these folks may not own all that they say they do. I don't know any lawyers or if we should bother with that route, and the sellers seem to just accept this.

Any suggestions would be greatly appreciated.
First point is which title the land has if it is a Chanote then locate all the concrete posts shown on the title. Then the area will be sure. Second point is do not buy if you can't get access at the same time. Without access the land is worthless to you. As for lawyers, don't bother with them they add nothing in your case and are seldom used or needed in land sales. Confirm with the land office together with the supposed owner that they hold a clear title.

If you can't locate all the land markers then you may need to get the land office to resurvey, this has to be done by the owner, it can be scheduled faster if you provide extra "tea" usually about ฿3,000

Without access the land is worthless to you. walk away if you can't get access, if you don't get it when you buy you may never get it or have to pay 10 to 100 times the going rate
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Roger Ramjet
Posts: 5646
Joined: Tue Apr 27, 2010 12:55 pm

Re: Access

Post by Roger Ramjet »

ivankrakow wrote:After reviewing the Chanote title, it was immediately clear to my Thai wife that there was no access.
If there is no access how did the previous owners get to the land?
I would be looking at the "chanote" very carefully to find out what sort it is.
Sometimewoodworker wrote:Without access the land is worthless to you. walk away if you can't get access, if you don't get it when you buy you may never get it or have to pay 10 to 100 times the going rate
I agree, walk away.
thailazer
Posts: 650
Joined: Sun Jun 26, 2011 9:55 am

Re: Access

Post by thailazer »

You need access, so make sure you have it, and also make sure you know what width it is. Our property is served by a 4 meter wide public right-of-ways on two sides, and it has a 1 meter wide right-of-way on one other side that serves a small irrigation canal. When we bought our plot, we basically land-locked a two rai section that now has no access. The farmer has come by to try to sell it to us as he knows that we would be the only ones to buy it as the other sides do not have any access. Roads going to your property are important so make sure you have them.
ivankrakow
Posts: 6
Joined: Sun Jun 20, 2010 5:02 pm

Re: Access

Post by ivankrakow »

Thanks for the feedback,

No worries about purchasing this with out access , I like it, but am not prepared to throw away a chunk of change.
I have walked the land and have identified all corner posts. The current owners who run an orphanage ( I have been to the orphanage), purchased this land, thinking that they would build and farm with and for the kids. Before they could make this happened they came across a better piece of property closer to town, so now they don't need this property. I am not sure if they knew their was no access, as they were dealing with the Dad, as well as some miss-information regarding their access. Never got to the building part so never discovered the access?? Regardless of their intent, it is what it is. When my wife comes back to Asia this Nov. we will re-visit the owner (daughter) and land office . My wife is pretty tuned into anyone taking advantage of mr. moneybags, although I am sure some one said that before me.
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