The name of Phra Phayom Kalayano -- the famous abbot of Wat Suan Kaeo in Nonthaburi -- has various connotations. For religion, he is a prolific sermon giver whose lively oratory style lures the younger generation to listen to the Lord Buddha's teachings. For social development, the 68-year-old monk is a living example of a Phra Nak Pattana -- or a developing monk who works to improve the lives of poor people.
The evidence of his passion to help poor people is reflected in Wat Suan Kaeo, a temple in Bangkok's northern vicinity.
The temple is more than a monastic dwelling; it is a place where Phra Phayom helps the poor and needy to earn an income through honest professions. It has become a garbage recycling centre where donated items such as electronic and electrical appliances are repaired for resale or even distributed to needy people. The temple also boasts an organic farm which produces healthy food for the local community.
But Phra Phayom is best known countrywide for his mordant humour when he used copies of a land title deed for a plot of land owned by the temple to make bags for fried bananas to mock the country's land management.
That notorious episode took place in April 2007 when Nonthaburi Provincial Court ruled that the land owned by the Suan Kaeo Foundation, a non-profit organisation under the temple, had been illegally acquired.
The land in question was a one-rai plot in front of the entrance of the temple. The foundation had spent 10 million baht to buy the plot from a local woman, Wanthana Suksamroeng, who sold the land she claimed under adverse possession. The land had a legal title deed issued by the Department of Land (DoL), the state agency responsible for land records across the country.
Adverse possession, also known as "squatter's rights", is a legal principle that applies when a person who does not have legal title to a piece of land can claim legal ownership based upon a history of possession or occupation of the land without the permission of its legal owner. The law states that individuals who stay on the property for more than 10 years can apply for ownership if they show they have stayed there peacefully, openly and with full display of ownership.
The verdict handed down by Nonthaburi Provincial Court on April 2, 2007 withdrew the land ownership of the temple. The judge reasoned Ms Wanthana's adverse possession did not meet the requirements stated by the law.
A complaint against Ms Wanthana's acquisition was lodged with the court on Sept 29, 2006 by Chamnong Hiranpradit, heir of Thongyu Hiranpradit, who Mr Chamnong insisted is the real landlord.
Wat Suan Kaeo was dragged into their dispute because Ms Wanthana sold one rai of land to the Suan Kaeo Foundation for 10 million baht.
Phra Phayom said he suspected irregularities in the case because he did not understand why Mr Chamnong waited for two years and seven months to file the petition.
He also questioned the DoL, which granted the land title to the temple after the purchase.
After the verdict was given in 2007, the temple lodged a complaint asking the court to re-examine the verdict.
In 2016, the Suan Kaeo Foundation asked Nonthaburi Provincial Court to examine the issuing of the land title deeds. However, the court at the end of October 2017 rejected the request. Undeterred, Phra Phayom vowed to pursue justice to the end.
The case sparked widespread criticism online after a Facebook page named "Maem Pho Dam" said it had received a complaint from Phra Phayom.
The revered monk sent the case to the appeal court before the New Year. The case is expected to heat up again in years to come.
UNFAIR TREATMENT
Phra Phayom is ready to see the case, if not ruled in his favour, at least settled in the Supreme Court and may consider "stopping" buying and receiving land donations if it turns out that the temple cannot retain its land ownership.
"The temple appealed against the ruling on Nov 29," Phra Phayom, also known by his monastic rank Phra Ratchathammanithet, told the Bangkok Post in an exclusive interview in December.
"The temple decided to go to the Supreme Court because we felt the temple has been treated unfairly. It is not about personal interests, we just want to set a precedent because I believe there might be more individuals affected by the land ownership issue," Phra Phayom said. He added that the case of Wat Suan Kaeo Foundation is not unique.
"In 2007, our case was one among 400 cases of land ownership with problems concerning adverse possession that went to court that year. I believe the problem is on the increase. There must be a lot of individuals who have spent their fortune buying land from sellers who claim adverse possession and run into ownership problems. The Land Department at least must make sure that the title deeds issued are correct," Phra Phayom told the Bangkok Post last month.
ADVERSE POSSESSION
The case has shed light on the problem of land ownership acquired by adverse possession, says Eathipol Srisawaluck, a lecturer and expert on land ownership at the Faculty of Law at Chulalongkorn University.
He said the problem stems from the lack of land ownership records, leading to difficulties in determining land ownership.
"The problem of verification [of land ownership] has long been a major problem in Thailand. During the property boom in the early 90s there was even a case involving a plot claimed by three owners. There have been disputes over land title deeds issued in public forests, or Nor Sor 3 plots which are non-transferable deeds and there are claims of overlapping ownership of plots that have been acquired based on adverse possession," Prof Eathipol said.
The DoL has struggled with limited human resources. With 2,210 official land survey staff, the department last year received more than 400,000 requests from individuals to conduct land surveys on site, part of the process of issuing land title deeds. So far, the DoL has completed only 260,000 requests.
With an excessive workload, the issuing of land title deeds is sometimes processed hastily as officials need to work fast to expedite the service in order to avoid complaints by individuals if the issuing of the land title deed is delayed.
Land surveys in Thailand are a time consuming process. Given the dearth of staff, the wait can take up to 700 days in the case of remote Pattani province, although the usual waiting time is 120 days on average, according to the DoL.
Malfeasance is another part of the problem when false claimants give kickbacks to officials to obtain title deeds.
FAMILY MATTER
Prof Eathipol said problems are often found within families. In most cases, land owners often let their offspring stay together on the property. After the original land owner dies, their offspring -- sometimes the second or even the third generation -- claim ownership.
In some cases disputes arise between descendants of the original land owner and domestic helpers who have lived on the land for decades. In the Suan Kaeo Foundation case, the seller, Wanthana Suksamroeng, was in fact a gardener who had been allowed to live on the land.
Third parties might face legal woes if they purchase land from those who claim ownership by adverse possession if heirs of the original owner claim the land.
FIGHTING FOR JUSTICE
In his four decades in the monkhood, this land dispute is the most serious problem involving plots of land the temple has acquired. Phra Phayom has expanded the temple compound, which originally covered only three rai, in order to run many development projects for the poor.
It has also turned parts of its new land into vegetable and fruit allotments as another way to help low-income people. At present the temple owns a total of 3,800 rai, including plots owned by its 11 branches countrywide. One may ask why one of the nation's most famous monks is so bothered about a one-rai land plot?
"We just want to set a precedent because I believe there might be more individuals -- ordinary people facing similar cases. If an established monk like myself can be dragged into a case like this, imagine what will happen to ordinary people without social backup," said Phra Phayom, adding that he hoped this case will lead to improvements in the verification of land title deeds.
waste not want not: Wat Suan Kaeo has a garbage recycling centre where donated items such as electrical appliances and old clothes are repaired and resold at low prices.
appearances can be deceptive: Unlike most Buddhist temples in Thailand, Wat Suan Kaeo, located in Bang Yai district of Nonthaburi, looks more like a small office building.
the fight goes on: The Suan Kaeo Foundation had spent several hundred thousand baht to build a shelter and fresh market. The Wat Suan Kaeo Foundation is going to appeal in the Supreme Court.
new lease of life: From old cars to construction materials, Wat Suan Kaeo finds ways to turn donated items into new products that can be resold. The project gives new careers to many people. Photos: Tawatchai Kemgumnerd
proof if needed: Phra Phayom holds the land title deed to the disputed plot.
trouble spot: The disputed land located at the temple entrance. The seller claimed the plot through adverse possession which allows those who have stayed on the land for over 10 years to claim ownership.
