Servitudes, Usufruct and Rights of Habitation — the Real Rights Attached to Land That Buyers Overlook

When checking a title before buying, most people look only at the owner's name and whether there's a mortgage. But Thai law also recognises "real rights" that give someone other than the owner certain rights over a plot — and crucially, these survive a sale. Some plots carry a neighbour's right of way through the middle that cannot be blocked; some houses have someone entitled to live there for life though the title is in another name. This guide explains the main real rights buyers should know.

Servitude: When Your Land Serves Someone Else's

A servitude (pharajamyom) burdens one plot (the servient land) for the benefit of another (the dominant land). Common examples: a walkway or driveway, drainage pipes, water mains or power lines crossing the land, or a restriction on building anything that blocks light or air. Servitudes attach to the land, not the person; when either plot changes hands, the servitude remains.

They arise in two main ways. One is by agreement registered at the Land Office, recorded on the back of the deed. The other is by prescription: using another's land — say, walking across it — openly and continuously for more than 10 years with the intention of exercising a right. Prescriptive servitudes are dangerous for buyers because they may not appear on the deed at all yet are legally effective. Walking the land and noticing paths, pipes or poles crossing it matters.

In housing estates, roads and utilities built by the developer are by law subject to a servitude for the benefit of every plot in the estate; the developer cannot close or alter them at will.

Usufruct: Using and Profiting From Another's Property

Usufruct (sitthi kep kin) entitles the holder to possess, use and take the benefits of the property — live there, let it and collect the rent, or harvest produce — while ownership stays with the owner. It may run for a fixed term (up to 30 years) or for the holder's lifetime, and must be registered to be complete. It ends on the holder's death and is not inherited.

Habitation: Live There, but Not Let It Out

A right of habitation is narrower: the right to live in a building rent-free, without the ability to let it to others for profit, and it cannot be transferred, even by inheritance. It suits elderly relatives or anyone needing housing security without a transfer of ownership.

Superficies: Owning a Building on Someone Else's Land

Superficies lets the holder own buildings, structures or plantations on or under another's land. It is common in commercial projects where a landowner won't sell but lets an investor build and own the building for an agreed period, after which the building usually reverts to the landowner under the contract.

Comparison

Right	Beneficiary	Can it be let for profit?	Inheritable?
Servitude	Owner of the dominant land (runs with land)	Used per its type, e.g. passage	Runs with the land
Usufruct	Named person	Yes	No — ends on death
Habitation	Named person	No	No
Superficies	Named person	Yes	Yes, unless agreed otherwise

How to Check Before Buying

1. Request a certified copy of the deed from the Land Office — read every page of the registration record, not just the front; registered real rights appear there.
2. Walk the land — look for paths, vehicle tracks, pipes, poles or fences out of line that may indicate prescriptive servitudes.
3. Talk to neighbours — ask whether anyone has long used a way across the plot; no document records this.
4. Get written warranties from the seller — the contract should state there are no encumbrances beyond those on the deed.
5. Check who lives in the house — occupants who aren't owners may hold habitation rights or leases binding on a buyer.

Using Real Rights in Estate Planning

An increasingly common Thai family arrangement: parents transfer the home to a child during their lifetime to avoid future inheritance disputes, while registering a lifetime usufruct or habitation for themselves. Parents are assured of living there for life or continuing to collect rent even though the child owns the title, and the child cannot sell the house out from under them because the right runs with the property.

FAQ

Can a servitude be cancelled?

In some cases — both owners agree and register its cancellation, it goes unused for more than 10 years, or both plots come under one owner. Disputes usually require a court ruling.

Should land with a servitude cost less?

It should be considered, since servitudes restrict use — you can't build over a right of way, or must leave space. The impact depends on location and size: one through the middle hurts more than one along the edge.

What does registering a usufruct cost?

Land Department registration fees apply, differing between transactions with and without consideration. Ask your local Land Office before proceeding.

Conclusion

A mortgage-free deed doesn't mean the land is free of burdens. Servitudes, usufruct and habitation rights run with the land regardless of owner. Read the full registration record, walk the plot and ask around — and remember these rights are also valuable family-planning tools. Learn more about Thai title deeds on the MyProperty blog.