Legal Opinion on Encroachment upon State Property and Invalid Transfer of Land
In 1942 (B.E. 2485), Mr. Daeng donated a titled parcel of land to the Department of General Education without registration. The Department took possession and constructed a public school named “Prachaban Daeng Uthit School” in accordance with the donor’s intent.
Subsequently, Mr. Lueang occupied and built a residence on a portion of the land (approximately 2 ngan), openly and peacefully with intent of ownership, and later transferred the land and house to Mr. Khiao through registration.
However, the land in dispute constitutes state property for public use under Section 1304 of the Civil and Commercial Code. The initial donation, though unregistered, became effective upon delivery and public use as confirmed by Supreme Court precedents (e.g., Decisions No. 1044/2497, 665/2482, 2046/2517).
As such, the property cannot be acquired by adverse possession. Mr. Khiao cannot rely on prescription derived from Mr. Lueang’s possession (Supreme Court Decisions No. 1429/2512, 1933/2517).
Therefore, the State is entitled to initiate legal action to compel removal of the encroaching structures and to prohibit Mr. Khiao and related persons from further interference with the land.