An unlawful occupant on your Thai land or villa: owner's remedies under Section 1336 and the trespass laws

Can you remove someone who is living on your land or in your villa without any right? The Civil and Commercial Code (CCC) gives the owner a clear right to recover the property, but the way to enforce it is through the courts, not self-help. This guide covers the owner's basic remedies; adverse possession by long-term occupants is covered in the squatters guide.

The civil right: CCC Section 1336

Section 1336 states that, within the limits of the law, the owner has the right to use and dispose of the property and to take its fruits, and "has the right to follow and recover his property from any person who has no right to retain it, and the right to prevent any unlawful interference with such property." In practice this is the legal basis of a claim to recover possession and to stop interference.

• Who it works against — someone holding without a legal right, such as an occupant who never had permission or a former tenant whose right has ended.
• Who it does not work against — someone who holds a valid right, such as a lease, usufruct or superficies. Then the dispute turns on that contract; see the lease landlord and tenant duties guide and the lease clauses to check.
• What you need to prove — that you are the owner. A registered Chanote is the strongest evidence; for lesser titles, see the title deed types guide.

The criminal side: trespass

Section 362 of the Penal Code covers entering another person's immovable property to take possession of it, wholly or partly, or to disturb the peaceful possession of it. The stated penalty is imprisonment up to one year, a fine up to THB 20,000, or both. Section 365 raises the penalty to up to five years or THB 100,000 where force or threats are used, a weapon is carried, two or more people act together, or the act happens at night.

• It protects possession, not only ownership — the provision is framed around the person in peaceful possession, which matters if you are a lessee or caretaker as well as an owner.
• Compounding — sources indicate trespass offences can be settled by agreement except the aggravated offence under Section 365. Confirm the current position with a Thai lawyer.
• Police reality — police may treat a dispute between an owner and someone who claims a right to stay as a civil matter. Do not assume a report will result in removal.

Do not evict yourself

Practitioner summaries warn that changing locks, cutting utilities, removing belongings or intimidating an occupant without court involvement can expose the owner to criminal liability, including under the trespass provisions. One such guide describes the proper route as written notice, a lawsuit, a hearing, a judgment and execution by court officials, and gives a 6-18 month range for tenancy evictions. Treat that timeline as a practitioner estimate rather than a statutory period; contested or remote-island cases can differ.

A practical sequence

• Document first — dated photos, a copy of the title deed, any written permission or lease, and witness statements of when and how the occupant arrived.
• Send a written demand to leave, in Thai and English, through a lawyer. It also helps show the occupant knew they had no right.
• Check the clock — claims can be time-limited; see limitation periods for property claims. Long, open occupation is also what adverse possession arguments rely on.
• File the civil claim for recovery of possession and, where relevant, compensation. If there is a risk of transfer or damage in the meantime, ask about interim court orders.
• Use the criminal complaint selectively — it may add leverage in a clear-cut entry case, but it does not replace the civil judgment.
• Enforce through the court — after judgment, execution is carried out by court officials.

Why it matters on Phangan

Absentee owners with unfenced plots or a villa left empty between seasons are the typical target of quiet occupation. Regular site visits, clear boundary markers and a written caretaker arrangement make a later claim far easier. Budget for lawyer fees if it escalates.

The short version: the law is on the owner's side, but the process is judicial, and doing it yourself can turn an owner into the defendant.