Legal Measures for Usucapion on Land

Abstract

This academic article aims to study legal measures for usucapion on land. It was found that usucapion means when a person acquires ownership of another person's property by possession according to the provisions of the civil and commercial code, section 1382, which states that “Any person who holds another person's property peacefully and openly with the intention of being the owner If it is real estate, it has been occupied continuously for 10 years, if it is movable property, it has been occupied for 5 consecutive years, that person is said to have acquired ownership”. Legal measures for usucapion on land divided into 4 issues as follows: Issue 1: Demonstration of intent to possess although usucapion is in accordance with the theory and principle of usucapion, but with the principle of usucapion still need to rely on other elements which is an important factor in demonstrating intent to possess. Issue 2: Dispute over possession rights the usurper of possession relies on the provisions of the civil and commercial code, section 1370, as a basis for submitting a petition or complaint to the court in order for the court to order or judge that the usurper of possession easily acquires the right of possession by the opposing possession. Issue 3: The duration of the usucapion to acquire possession rights by an adversary, possession must be held for a period of 10 years, a specified period of time if compared with laws in foreign countries which Thai law specifies a shorter period than other countries. Issue 4: Inheriting possession of an opponent entering and invading and occupying the enemy in various places It is considered to be an invasion of space to live in or to take advantage of It is considered that the term of possession of the enemy must exceed 10 years, be calm and open, and have the intention of occupying it as one's own and such possession rights can be passed on to heirs.