Thread: Boundary wall

We have a 1.8m wall all around our property. The next door neighbour has land filled their land using our wall as a soil retainer to a height of 90cm. This is new soil and hasn't had a chance to be weathered in yet. What I'm worried about is the wall will come under great pressure once the rain season comes. I've read various articles saying this and that but nothing legally. So is there a legal right as to whether my neighbours can do what they've done. I have to declare that the husband of the owner neighbour is a German lawyer not that it makes much difference.

Originally Posted by Pragmatic

We have a 1.8m wall all around our property. The next door neighbour has land filled their land using our wall as a soil retainer to a height of 90cm. This is new soil and hasn't had a chance to be weathered in yet. What I'm worried about is the wall will come under great pressure once the rain season comes. I've read various articles saying this and that but nothing legally. So is there a legal right as to whether my neighbours can do what they've done. I have to declare that the husband of the owner neighbour is a German lawyer not that it makes much difference.

Pics might help, depends how strong the wall is

If the wall is 6 foot high, how do you know what is going on over the other side?

https://www.google.com/search?q=my+n...PbTompgB8,st:0

Has the boundary of your land been set out by the land office with markers?


If not, it should be.

Will cost a few thousand baht, and there is often a backlog of a few months, depending on location.

Your wall should be inside your boundary line, not on it.

Anything that Fritz puts past your boundary can and should be removed, you should also tell the Koont that your land is neither Poland nor the Sudeten, and to stay within his boundary, by him building his own Buriram Wall inside his boundary line.

Originally Posted by Edmond

Has the boundary of your land been set out by the land office with markers?

Yes was done in 2005-6. My walls are all inside the markers.

Originally Posted by Pragmatic

Strong or not it's about encroachment by using our wall to act as a retainer basically. I have read that neighbours aren't allowed to encroach to within 5cm of a boundary marker. Our land and the neighbours land are 100% Chanote titled .

So Prag, we built a wall or fence as some call it around our property. So the neighbors benefit from our wall but in the big picture it becomes like a community property deal. If you built it right on your property line then you will have to discuss with your neighbors.

We built ours a bit inside our property line but as time has gone on trees and shrubs have grown up against the wall. My wife has explained to the neighbor that his trees should it knock the wall down it is his responsibility so now he keeps the trees well cut back.

I do not think dirt against it will create an issue, unless he is pushing it up against it.

Originally Posted by Pragmatic

Yes was done in 2005-6. My walls are all inside the markers.

Then you shouldn't have any issue. Decide what you want to do about it, and inform him.

Either tell him to remove everything that has been placed on your side of the boundary, or do like Stumps and make it clear that if there is any issue with your wall he will be fully responsible for the cost of repairing/rebuilding it.


Personally, I would probably be firm but fair, and simply say that we want to keep our land clear, so please remove the soil/earth from our land, thank you very much.

Prag, I have had exactly the same happen.

We built a wall around the pond area, 1.8m or 2m I'm not sure. The outside of the wall is along the edge of our boundary, I believe.

When the guy next door decided to build some apartments around six years ago, he filled the land ridiculously high before building. I have marked the level of his fill in the picture below with a line. It wasn't just the integrity of the wall with the weight of the soil against it that concerned me, but also the total loss of privacy since anyone but a pygmy could just look straight in, over the wall.

I got him to add a new layer to the top of the wall, which doesn't look great but at least protects my privacy while fishing in the evenings! Incidentally, the wall has suffered no visible ill-effects from the soil fill on the neighbour's side.

Originally Posted by Mendip

Prag, I have had exactly the same happen.

We did same Mendy. One neighbor added about 1 meter of soil on his land but that hasn't had an impact on the wall integrity.

The few things to keep any eye out for is run off during rainy season. Sometimes it can divert to your property and creat a different issue.

As mentioned watch any plants or trees they may plant. Big trees can put an intrinsic load on the wall as they grow and eventually push it over or crack it.

Of any of my concerns it would be about run off during rainy season. It's funny how all of a sudden what seems like a simple add dirt program changes rain run off.

My 2 baht worth Prag.

The owner of the land next door is going to build short stay accommodation and like Mendip our privacy will be restricted. But in no way will I build our wall higher than what it currently is. Why no visits from our neighbours to inform us of their plans? I'd have thought a lawyer would be a bit more informative to his neighbours.

^^^^ Not great, I would say around 50% on average. Why do you think I keep cockerels!

There's four apartments and currently three are occupied, one by a very attractive girl who I see every morning on my dog walks.

This area of town is expanding rapidly and there's apartments going up all over the place, so a lot of competition. I believe that they go for around 4000 Baht a month so not a great return in my opinion. I have considered renting an apartment to use as an office to provide some structure to the day, if indeed it was legal for me to remotely work in this country.

Originally Posted by Stumpy

Of any of my concerns it would be about run off during rainy season. It's funny how all of a sudden what seems like a simple add dirt program changes rain run off.

The rain season is my main concern being as the land falls towards our wall. Only time will tell but it'll be too late then.

Originally Posted by Pragmatic

The owner of the land next door is going to build short stay accommodation and like Mendip our privacy will be restricted. But in no way will I build our wall higher than what it currently is. Why no visits from our neighbours to inform us of their plans? I'd have thought a lawyer would be a bit more informative to his neighbours.

Sadly Prag this is Thailand. They never feel compelled to at least give a neighbor a heads up.

We have a large piece of land next to us. The lady is getting on in age and I told my wife it might be a good idea to buy it just to eliminate any potential new owner from building an hotel, home stay or whatever next to us. I'd sooner buy it and just leave it as land. Maybe rent out the old house for 1000 bht a month so the govt is happy and no taxes.

Originally Posted by Pragmatic

and like Mendip our privacy will be restricted. But in no way will I build our wall higher than what it currently is.

The neighbour's builder added the additional layer to the wall at their expense. You may be surprised at their willingness seeing as it's their privacy affected as well. If you start sunbathing in the nude it will soon impact occupancy rates in his apartments... and I was prepared to do a lot worse than that.

Stumpy, as for run off, the pond would kindly accept any but it just hasn't been an issue. The infill against my wall has been concreted over and rain goes into drains that empty on the other side of his property. The area is a narrow corridor at the back of his apartments so there's no plants etc. The only real impact on me is the loss of privacy at having people living so close, and lights from the back of the apartments shining on the pond at night.

Originally Posted by Pragmatic

The rain season is my main concern being as the land falls toward our land. Only time will tell but it'll be too late then.

Yeah. I know a few neighbors who went through similar situations. A few ended up having to add run off easements to channel water away. It's more like a gutter if you will. But of course at your expense.

Originally Posted by Stumpy

We have a large piece of land next to us. The lady is getting on in age and I told my wife it might be a good idea to buy it just to eliminate any potential new owner from building an hotel, home stay or whatever next to us.

I also went through this. The plot of land the apartments are built on wold have squared off our land nicely and I would have built a detached office down by the pond. As soon as the neighbour knew we were interested he racked up the cost to three times what it was worth. It would have been nice, but not that nice.

Yeah Mendy. There is the privacy issue for sure and noise. I haven't had to deal with that but did have to look at the rain runoff. It's really funny how just adding a half a meter or so of dirt changes where the water runs or diverts during big rains.

Originally Posted by Mendip

I also went through this. The plot of land the apartments are built on wold have squared off our land nicely and I would have built a detached office down by the pond. As soon as the neighbour knew we were interested he racked up the cost to three times what it was worth. It would have been nice, but not that nice.

Yeah we are in same boat. While the lady has been friends with my wife's family for 50+ years and no children , she knows that I am a foreigner and that just increased the cost. We aren't there yet but maybe in a few years. Her plot is about as big as ours so it would double our land ownership but quite honestly it doesn't bring us any value. I wouldn't build on it and wouldn't sell. Just be a security buy to keep it open.

Originally Posted by Edmond

Nipping it in the bud would be better than waiting.

I agree but only my wife can negotiate with the owner and my wife isn't confrontational except with me.

I’m surprised at your naivety Prag.

Neighbourliness, courtesy and respect in Thailand has no currency when a profit is to be made. This not only dictates Thai thinking but that of farang living here too.

Given the facts that you have erected your wall within the property’s boundary, and it is registered as such, I would instruct lawyers, Isaan Lawyers in Khorat are good, to write to your neighbour putting him on notice that should his development impinge adversely on your property , and your rights to enjoyment of the same, then he will be held responsible for all damages arising therefrom. Also if he is using your wall as an abutment to facilitate his development then he should be offered the choice of either ceasing and desisting, or to recompense you for its usage without prejudice to you taking the aforesaid legal action in the event his development causes damage to your wall or property.

Baaic stuff but it would serve to concentrate his mind and to remind him that you are a force to be reckoned with and not someone he can take for granted.

If he transpires to be a cvunt then explain that when he has built his skanky bothies and lets them out then you will be burning your rubbish and plastic on a regular basis, buying speaker stacks for your morlam shindigs and raising terriers that will bark at their own shadows.

Originally Posted by Pragmatic

The rain season is my main concern being as the land falls towards our wall. Only time will tell but it'll be too late then.

I would politely but firmly tell them it was not built as a retaining wall, so if the weight of their fill soil and rainy season runoff causes it to collapse then it is their fault and they will be paying for repairs. Suggest to them that at the very least they put a gutter or french drain along their side to run any water off elsewhere.

Originally Posted by Seekingasylum

I would instruct lawyers, Isaan Lawyers in Khorat are good

Yes, they have fairly recently been taken over by a British guy and are very easy to deal with. I have used them a couple of times for notarising and certified translations.

The footer on their emails mentions that they don't deal with 'Neighbourhood disputes', however I don't think this counts a such, yet.

Originally Posted by Pragmatic

I agree but only my wife can negotiate with the owner and my wife isn't confrontational except with me.

There really isn't any negotiation, and there is nothing stopping you from the first step, which is you telling the German foker to get all their shit off your land.

Originally Posted by mikenot

I would politely but firmly tell them it was not built as a retaining wall, so if the weight of their fill soil and rainy season runoff causes it to collapse then it is their fault and they will be paying for repairs. Suggest to them that at the very least they put a gutter or french drain along their side to run any water off elsewhere.

A good idea.

Also, get a quote for a total wall rebuild, and tell the builder not to be conservative, then handing it over while explaining that they would be responsible for full payment, so to get their shiz off your land before they do anything else.