Property and real estate disputes in Thailand are frequent, fact-heavy and often hinge on documentary strength and procedural choice. Because Thailand’s land-title system and registry practice are distinctive, the practical lawyering task is less about abstract doctrine and more about (1) quickly securing the right original documents and surveys, (2) choosing the correct forum (administrative Land Office route, negotiated settlement, civil suit, injunction or criminal complaint), and (3) preserving the asset while the dispute unfolds. This guide gives a focused, practical roadmap for owners, buyers, lenders and advisers confronting Thai property disputes.

Why Thailand’s title system matters

Thailand issues several title types—chanote (Nor Sor 4 Jor), Nor Sor 3 Gor / Nor Sor 3, and various possession or registration certificates—with materially different legal weight. A chanote is coordinate-based, survey-backed and widely accepted by banks; lesser certificates may require additional proof to show marketable ownership. Priority, mortgage enforcement and third-party protection all turn on what’s recorded at the local Land Office. First practical step: inspect the original title and obtain a current Land Department extract dated within days of any filing or suit.

The common categories of disputes

1. Title & chain-of-ownership defects — forged transfers, simultaneous conveyances, missing links in chain of title. These are document wars; forensic comparison of deeds and witness statements is decisive.

2. Boundary, survey and encroachment disputes — discrepancies between registered cadastral plans and on-site markers; tree/road encroachments or fence disputes. These require a licensed surveyor and often a court-ordered re-survey.

3. Adverse possession (prescriptive) claims — long, open and continuous possession may ripen into ownership after statutory periods; courts scrutinise exclusivity and intention to own.

4. Mortgage, priority and creditor fights — registered encumbrances prevail; unregistered security or “informal” pledges are weak. Lenders rely on registration and priority by date.

5. Condominium / juristic-person disputes — maintenance, sinking fund misuse, defect liabilities and common-area control often turn on internal minutes and financial accounts.

6. Construction, defects and contractor claims — warranty scope, latent defects and remedies under building contracts. Expert engineering evidence is essential.

7. Fraud and criminal action — where forgeries or fraudulent sales are suspected, parallel criminal complaints often accompany civil claims.

Practical remedies and the right procedural path

Choosing the correct route early saves time and cost.

1. Negotiation & Mediation (first line)

Thai courts and many commercial counterparties favour negotiation and court-linked mediation. Mediation can be recorded as a consent judgment and enforced. Use it when parties are solvent and a commercial settlement is credible.

2. Administrative Land Office remedies

For registration errors or clerical mistakes, petition the local Land Office. The Land Department can correct obvious errors, order a re-survey, or block transfers pending investigation. Administrative relief is often faster than litigation for narrow registry problems.

3. Civil litigation — quiet title, injunctions, partition, damages

When title is contested, sue for declaratory relief/quiet title, or for specific performance (compel transfer) or damages. Courts can also order preliminary injunctions or property preservation to prevent dissipation. Civil trials are evidence-heavy; expect judges to examine originals and hear surveyor testimony.

4. Interim preservation orders & injunctive relief

If the opponent threatens demolition, sale, or removal, obtain emergency preservation injunctions. Thai courts are able to grant urgent orders but require convincing evidence of irreparable harm and urgency.

5. Criminal complaints and forensic investigations

For forged deeds or fraudulent conspiracies, file a criminal complaint with the police (and notify the Land Office). Criminal proceedings allow police investigations, forensic document examiners and produce tools unavailable in civil court. Civil and criminal tracks can proceed in parallel.

What documentary and expert evidence wins cases

• Original title deed (not a photocopy) and a recent Land Office extract.

• Licensed surveyor’s report matching cadastral coordinates to site markers (GPS evidence and annotated photos are persuasive).

• Chain-of-title mapping with translations, notarizations and dates.

• Bank remittance evidence (FET) and receipts to trace purchase funds—critical in cross-border purchases or claims of separate funding.

• Continuous possession evidence for adverse possession (photographs, witness affidavits, utility bills, tax receipts).

• Construction/engineering reports for defect claims.

• Condo minutes, accounts and juristic-person records for strata disputes.

Always produce an exhibit index and ensure translations are certified; Thai courts prefer Thai-language evidence or certified Thai translations.

Timelines, costs and what to expect

• Administrative corrections / mediation: weeks to a few months.

• Civil trials (first instance): commonly 12–36 months; appeals add years.

• Criminal investigations: unpredictable; may run alongside civil suits and can materially aid civil remedies.
  Costs scale with expert witnesses (surveyors, valuers, engineers) and forensic document work—budget accordingly.

Enforcement realities

Even after winning, enforcement requires careful steps: court-ordered auctions (judicial sale), Land Office executions, or creditor routes. Enforcement against foreign-held assets or offshore structures requires cross-jurisdictional coordination and additional time/cost.

Prevention: best practices to avoid disputes

• Always inspect the original title at the Land Office and obtain an up-to-date extract before signings.

• Commission an independent licensed surveyor for boundary or non-chanote plots.

• Use clear, well-drafted SPAs with express seller warranties, escrow, completion conditions and retention clauses for developer defects.

• Require certified evidence of funds (FET, bank transfers) for foreign purchases.

• Register mortgages and leases promptly and obtain Land Office receipts to protect priority.

• For developments, insist on performance bonds, completion guarantees and defect retentions.

Practical checklist for an urgent property dispute

1. Secure the original title and obtain a fresh Land Office extract.

2. Commission a licensed surveyor to record current markers and prepare a report.

3. Photograph and catalogue physical evidence (fences, markers, boundaries, changes).

4. If transfer is threatened, seek an urgent injunction and notify the Land Office.

5. If fraud suspected, file a criminal complaint and apply for preservation orders.

6. Assemble bank/payment records and witness contacts for evidentiary support.

7. Engage experienced local counsel early; quick procedural moves preserve remedies.

Conclusion

Property disputes in Thailand are resolvable, but success turns on speed, original documentation and the right tactical choice (administrative fix, mediation, civil suit, injunction or criminal action). Prevention—original title checks, surveys and robust contractual protections—remains the most cost-effective strategy. When disputes arise, preserve the title, get a licensed survey, collect contemporaneous proof of possession or payments, and involve experienced Thai property counsel immediately to choose the path that best protects your interest.