Boundary Ditch Excavation Dispute: Measurement of Legal Distance from Land Boundary under Section 1342
Red and Dam owned adjacent rice fields, sharing a common boundary ridge (bund) measuring 2 sok in width. Dam excavated a ditch on his own land along the boundary, with a width of 2 sok and a depth of 2 sok.
Red, fearing that his land might collapse due to the excavation, objected and demanded that Dam cease digging. Dam argued that he had the right to do so, claiming that the excavation did not exceed half of the depth measured from the midpoint of the boundary ridge, as the distance from the midpoint to the edge of the ditch was 1 sok. Dam continued the excavation along the entire boundary line.
Red then brought an action before the court, seeking an order compelling Dam to fill the ditch. Alternatively, if Dam failed to comply, Red requested that Dam be ordered to pay 5,000 Baht to enable Red to carry out the filling himself.
Issue:
Whether Dam’s excavation complied with the legal distance requirements under the Civil and Commercial Code.
Holding:
The distance must be measured from the boundary line itself, not from the midpoint of the boundary ridge. Dam’s excavation, having failed to maintain the legally required distance under Section 1342 paragraph 2 of the Civil and Commercial Code, was unlawful.
Judgment:
Dam is liable and must fill the portion of the ditch exceeding the lawful limit. If he fails to do so, he must compensate Red for the cost of restoration, not exceeding 5,000 Baht, in accordance with Supreme Court Decision No. 544/2516.