Boundary Surveys and Disputes With Neighbours — Land Office Re-Surveys, Encroaching Buildings and the 10-Year Adverse Possession Rule

Boundary disputes are among the most common neighbour conflicts in Thailand, especially for land sold several times over, inherited plots never re-surveyed, or provincial land whose markers vanished long ago. Fences built on a previous owner's assumptions can be off by tens of centimetres to several metres, and trouble usually erupts when someone wants to build, sell or put up a new fence. Understanding the procedure and law helps resolve things rationally before they become lawsuits.

When to Commission a Boundary Survey

A boundary re-survey has officials or surveyors check the plot's boundaries against the deed map and re-set markers correctly. Do it when buying land, especially without clear markers; before building fences or structures near the boundary; when markers are missing or moved; when you suspect encroachment; and before subdividing inherited land. Surveying first costs far less than fixing problems later.

The Re-Survey Process

1. Apply at the Land Office — with the original deed and ID, paying fees and a survey-cost deposit.
2. Scheduling — the office sets a survey date; waiting times depend on each office's queue.
3. Notify neighbours — officials notify adjoining owners to attend, observe the markers and sign to certify the boundary.
4. Survey and mark — surveyors measure against map evidence and set markers in the correct positions.
5. No objection — officials complete the process and amend the deed map if needed.
6. Objection — officials attempt mediation; if no agreement, the party wishing to proceed must go to court within the prescribed period.

Besides government surveyors, licensed private surveyors may be used, which can shorten waits in busy areas; their results go to the Land Office for verification.

Encroaching Buildings: Good Faith vs Bad Faith

If a survey shows a neighbour's house or building extends onto your land, the law distinguishes by the builder's state of mind:

Case	General legal principle
Good-faith encroachment (unaware of crossing the line)	The builder owns the building but must pay the landowner for use of the land and register a servitude; when the building ceases to exist, the landowner can have the registration cancelled
Bad-faith encroachment (knew yet built)	The landowner may require removal and restoration of the land at the builder's expense
Fences or minor structures that aren't buildings	Usually negotiable — removal or realignment depending on facts and agreement

Good faith is a question of fact. Notifying the neighbour in writing as soon as you discover encroachment stops them later claiming they continued building unaware.

Adverse Possession: the Risk of Silence

Under Thai law, a person who possesses another's property peacefully, openly and with intent to own, continuously for ten years in the case of immovable property, acquires ownership. In practice, if a neighbour fences in part of your land and openly uses it as their own for ten years without your objection, they may petition the court to declare ownership of that part by adverse possession. Absentee owners — say, of provincial land bought and left — should inspect periodically and act immediately on finding encroachment.

Resolving Disputes Rationally

Most boundary disputes end in conversation, since both parties remain neighbours. Start with a survey to establish facts, discuss on that basis, and consider flexible solutions — selling the encroached strip, swapping land, or registering a servitude. Use Land Office or dispute-mediation services, and keep the courts as a last resort.

FAQ

Should a fence sit exactly on the boundary or set back?

Build within your own boundary, set back slightly so no footing or part protrudes, and survey clear markers before building. For a shared fence on the line, agree with the neighbour in writing.

After buying, the real area is smaller than the deed says. What now?

Establish whether it's neighbour encroachment, an old map error or a past subdivision; each has a different remedy, and you may have contractual claims against the seller — which is why surveying before transfer matters.

Can the survey proceed if the neighbour doesn't attend?

Officials follow the statutory notification procedure; if properly notified neighbours neither attend nor object, the survey can proceed under the rules.

Conclusion

Boundaries should be clear before you buy and before you build. Survey when in doubt, notify neighbours in writing about encroachment, and never stay silent long enough for adverse possession to apply. Read more about servitudes, landlocked plots and title deeds on the MyProperty blog.