Encroachment of Land
The Plaintiff and the Defendant purchased adjacent subdivided plots of land for residential construction. The Defendant elevated his land by filling soil and subsequently completed the construction of his house.
Thereafter, the Plaintiff conducted a land survey in preparation for sale and discovered that the Defendant had unlawfully encroached upon the Plaintiff’s land by approximately 10 square wah. In particular, a kitchen structure extended into the Plaintiff’s land by approximately 3 square wah.
The Defendant admitted the encroachment and offered to purchase the encroached portion. However, the Plaintiff refused and demanded removal of all encroaching structures. The Defendant failed to comply.
The Plaintiff then filed a claim requesting:
(1) removal of all encroaching structures;
(2) damages at the rate of 40 Baht per month; and
(3) an injunction prohibiting further interference.
The Defendant argued that the encroachment was made in good faith and without intent, and proposed compensation by offsetting the land value against the cost of land filling.