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1 month ago
The term "Prescription" in Thai is a combination of "possession" and "adversarial." According to the Royal Institute Dictionary, it signifies acquiring possession through an unlawful act, specifically by holding or having the right to rule over another's property.
Prescription, as defined by the Civil and Commercial Code, Section 1382, involves peacefully and openly possessing another person's property with the intention of ownership. The criteria for acquiring ownership through Prescription include possession for ten consecutive years for real estate and five consecutive years for movable property.
Possession:
Actively holding or utilizing the property, such as cultivating crops or raising animals, indicating ownership.
Property of Others:
Refers to property owned by another individual, typically with a title deed or reservation for land.
Peacefully:
Possession must occur without threats, force, deception, or interference from others preventing ownership.
Openly:
Possession should be visible and not concealed or camouflaged.
With the Intention of Ownership: Possession must be with the clear intention of becoming the owner, not on behalf of someone else or under a contract giving possession rights.
Ownership Duration:
Ten consecutive years for real estate and five years for movable property.
Perimeter Conditions:
If the property has a fence, ownership announcement sign, or a clear fence and door for a house, hostile possession conditions may not be met.
No Owner Identification:
No person should identify themselves as the owner during the prescription period; otherwise, the acquisition may be invalidated.
Advice to property owners to regularly check their real estate to ensure the preservation of ownership rights and compliance with prescription criteria.
In the dynamic landscape of property ownership, understanding 'Prescription' is crucial. Explore legal criteria and definitions in the UK Property Ownership Guide by 'Care Properties.' For ongoing insights and expert advice, visit YoohooHomes.
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