10/2550 Thailand Supreme
Court Opinion 55 (No. 5521) 2007
Mr. Choon Lertchaiprasert vs. Mr. Sujin Pruthitada et al.
Re: Breach, Violation, Encroaching on Property
To determine if an individual who constructs a residential home encroaching on another person’s property did so in good faith, one must determine if the builder was aware that he was constructing on the property of another person.
In the event the builder was cognizant of the fact that he was constructing on the Thailand property of another person, the construction would be deemed to be done so dishonestly. On the other hand, if at the time of the construction, the builder was not aware that he was constructing on the property of another person, and sincerely believed that he was constructing on his own property, and subsequently discerned the truth of the matter, it will be deemed that the encroachment was done so in good faith.
The two defendants knew that they were constructing a building and fence encroaching on the property of the plaintiff at the start of their construction. The two defendants had received notice from the plaintiff that they were encroaching on the plaintiff’s property, yet deliberately constructed the building until it was completed. Therefore, the defendants committed a dishonest act and violated the property rights of the plaintiff.