Landlocked Land in Thailand — Why 'Blind Plots' Sell Cheap, the Right of Necessity, and How to Secure Legal Access

Among provincial and suburban land listings, some plots are priced well below their neighbours per square wah. Ask a little further and you find they are landlocked — no side touches a public road, so you must cross someone else's land to reach them. Some investors see a bargain, but without understanding the law and planning access, such a plot can become an asset that can't be used or sold.

Why Landlocked Land Is a Problem

Plots without legal access face several problems at once. Building permits: local officials consider building access, and the building control law sets access widths for larger buildings. Finance: most banks refuse landlocked plots as collateral or value them very low. Utilities: power and water need routes across others' land. Resale: the next buyer faces the same issues and will discount the price.

The Right of Necessity Under the Civil Code

Thai law protects owners of enclosed land through a "right of necessity" (thang jam pen). If a plot is so enclosed by other land that it has no way out to a public road, its owner may pass through the enclosing land to reach one — choosing a route that meets the need while causing the least damage, and paying compensation to the owner whose land is used. The same applies where the only exit crosses a pond, marsh, sea or a steep drop between the land and the road.

A key exception: if the plot became landlocked because an original plot was subdivided or partly transferred — say, an owner split a large plot and sold the inner portion — the inner owner may claim passage only over the land that was divided, and without compensation. This matters greatly for buyers of subdivided plots where the seller hasn't provided a road.

Right of Necessity vs Registered Servitude

Issue	Right of necessity	Servitude (right of way)
Origin	Arises by law when land is enclosed	By registered agreement, or by 10 years' prescription
Condition	Genuinely enclosed, no other exit	No enclosure required
Compensation	Payable (except subdivision cases)	As agreed; none for prescription
Security	May end if another exit emerges	More secure; on the deed once registered
Bank view	Banks usually want it formally registered	More acceptable once registered

Ways to Secure Access

1. Buy a strip as a private road — negotiate a narrow strip from a neighbour to the public road; outright ownership is the most secure but most expensive.
2. Register a servitude of passage — agree with a neighbour to register a right of way, specifying width and route, for agreed compensation.
3. Make the seller provide access before transfer — for subdivided plots, the contract should require registered access before the transfer date.
4. Claim a right of necessity in court — if negotiation fails, sue; the court sets the route and compensation. Slow, but legally recognised.
5. Combine with the neighbouring plot — buying the adjoining plot outright or a joint development can sometimes beat opening a route.

Spotting Landlocked Land Disguised by a Usable Track

A common trap: the plot has a convenient dirt or concrete track, and the seller says it has been used for years. Survey maps then show the track sits on someone else's land with nothing registered. If that owner changes their mind or sells to someone who closes it, the problem is immediate. Request the survey sheet and maps from the Land Office, confirm whether any side genuinely abuts a public road or a registered right of way appears on the neighbouring deed, and ask the local authority whether the road is public or private.

FAQ

Is cheap landlocked land worth buying to speculate?

It can be, if you have a clear access plan before buying and price the cost of opening access in. Buying in the hope of negotiating later is very risky — neighbours will know they hold the leverage.

How wide can a right of necessity be?

As wide as the land's use reasonably requires, decided case by case — a footpath or a vehicle track. For development-scale access, a registered servitude or a purchased strip is clearer.

Will banks lend on landlocked land?

Generally very difficult. Most want properly registered access first, so prepare cash or sort out access before applying.

Conclusion

Landlocked land is cheap for a reason. The right of necessity exists, but using it costs money and time. Check survey maps and neighbouring deeds and secure an access plan before buying. Done right, a landlocked plot can be an opportunity; without access, a low price isn't worth it. Read more about servitudes and title deeds on the MyProperty blog.