Paper Title
Adverse Possession: Comparison Between Thai Law and English Law
Abstract
This study aims to compare the law regarding “Adverse Possession” between Thai Law and English Law. Adverse possession is a legal principle permitting someone to assert ownership of land under specific conditions, with notable differences between Thai and English law. In Thailand, adverse possession is regulated by Section 1382 of the Civil and Commercial Code, allowing a possessor to attain title after ten years of peaceful and open possession, irrespective of good faith. This indicates that individuals cognizant of the legitimate owner's claim may acquire legal ownership if they fulfill the stipulated conditions. In contrast, English law, mainly governed by the Land Registration Act 2002 and the Limitation Act 1980, mandates that possessors establish exclusive possession for a duration of 10 years and inform the registered owner when applying for title. The English system prioritizes good faith and offers a process for the original owner to challenge claims, demonstrating a more protective approach to property rights. The issues inherent in both systems involve navigating legal intricacies, resolving ownership disputes, and balancing the rights of possessors with those of original owners. This comparative analysis elucidates the ramifications of adverse possession laws in both nations, clarifying their effect on property ownership and rights.
Keywords - Property and Land Law, Adverse Possession, Thailand, England