Let's say you've lived in Thailand your whole life, as have generations of your ancestors. What is it that makes you uniquely Thai? Well, there are several things, among them your language, culture and history.
An important facet of life here is that Thais feel a strong connection to this land mass bordered by Myanmar, Laos, Cambodia and Malaysia.
Between the authors, we've lived in numerous other countries and had the pleasure of getting to know other cultures. Something that distinguishes the Thai people is that they feel a strong collective love for the forests, cities, lakes and shores that make up this country.
Of course, citizens of other countries are patriotic, too. But the Thai consciousness includes a collective joy and possessiveness over the geography of this land seldom seen elsewhere.
So who owns the land in Thailand? And what constitutes the land?
To find the origins of land ownership we need to look first at history.
The Sukhothai period lasted from roughly the 12th to the 14th centuries AD. It is during this time that Thailand began its evolution as an absolute monarchy. There is an inscribed stone from this period, probably from around 1292, giving land rights to those who clear wilderness and turn it into plantations or farms.
It was not possible to claim these rights against the king, however, because the king had absolute entitlement of all land in the Kingdom and could expropriate it at will, without compensation. But the origin of land ownership dates back to this time, because the rights created at this time gave individual Thais rights to the land that could be asserted over other individuals.
The Ayuthaya period lasted from the 14th to the 18th centuries. A law, enforced around 1360, gave Thais rights to the land under their possession. Specifically, these rights could be transferred or inherited. Citizens had to notify local authorities as to when they began to use their land and had to pay land taxes to the government. During the Ayuthaya period, all private land rights were subordinate to the ownership of the king, and the monarch had the right to expropriate at will and without providing compensation.
Absolute monarchy continued throughout the Rattanakosin period, which began in 1782. In 1932, of course, the country was transformed into a constitutional monarchy. The concept of land ownership also evolved. For example, the Issuance of Title Deed Acts from 1909 to 1943 paved the way for the registration and ownership of land in the modern era. Modern legislation further protected individual rights and clarified an individual's land rights versus those of the state. We will discuss these next week.
James Finch of Chavalit Finch and Partners (finch@chavalitfinchlaw.com) and
Nilobon Tangprasit of Siam City Law Offices Ltdb (nilobon@siamcitylaw.com).
Researchers: Arnon Rungthanakarn and Sitra Horsinchai.
For more information visit www.chavalitfinchlaw.com.
Questions? Contact us at the email addresses above.