About the Free 5 Rai and the Right-of-Way

This Land and House parcel for sale in Loei Province, Thailand, contains a total of 20 rai for the price of 15,000,000 Baht. There are two separate parcels, a 15 rai parcel and a 5 rai parcel  joined by a right-0f-way easement which is signed and will be transferred to the Buyer.

The Seller offers the 15 rai parcel for 15,000,000 baht and the 5 rai parcel is for free.

The Right-of-Way is marked by concrete posts:

The 5 rai parcel is a beautiful square parcel which has been cleared and is suitable for many uses. It is surrounded on three sides by wooded government lands.

The 5-rai parcel is joined to the main parcel by a short Right-of-Way that is binding on the adjoining owner by Contract. Another word for right-of-way is “easement”. In Thailand, the law is that there can be no land-locked parcels. When a parcel is landlocked, the owner blocking access to a public road is required to grant a right-of-way to the landlocked parcel.

In our situation, the adjoining neighbor signed a right-of-way agreement stating the location of the right-of-way over a tiny corner of her land, rarther than to be required to allow an entire private road be built along her entire property line to the public road.

The Right-of-Way Agreement can be downloaded below and is marked off by 6 foot concrete markers that were placed over 15 years ago. This right-of-way has been in continuous use for over 15 years by the current and previous owner. Currently, underground water and electric lines run through the right-of-way to service a second deep water well located on the 5-rai parcel.

There is no discount  for any buyer that does not want the 5 rai parcel due to the right-of-way. If our right-of-way to the 5 rai parcel which we offer to you for free is of concern to you,  you should look elsewhere for your property needs. If you prefer not to receive the 5-rai parcel, the Seller will retain it,  but there is no sales price discount.

The Law of Right of Way for Landlocked Property in Thailand

Law: Section 1349 of the Civil and Commercial Code governs the Thai legal right to a “right of way.” Under this section, the owner of a piece of landlocked property with no access to a public road may pass over a surrounding land to reach a public road.

“Land-locked property” refers to a property that has no direct access to a public street, so the only way on or off the property is to cross land owned by someone else. The land-locked owner has the legal right to a “way of necessity” across an adjacent property. This legal permission is called an “easement” and does not need to be registered with any government body to be valid.

If necessary, the dominant (land-locked) owner may construct a road across the servient (burdened) property.


The actual Right 0f Way Agreement can be downloaded here, and the English translation is below:


Click Here for English Translation: EnglishTranslationR/WAgreement

Both the 15 rai parcel and the 5 rai parcel have top title deeds (Chanotes), and the deed for the 5 rai parcel can be downloaded and viewed HERE: Chanote for Rear 5 Rai Parcel