In Thailand real estate land law, building a property on another person’s land maybe deemed to be trespass depending on whether there is good or bad faith.
If a person has, in good faith, constructed a building upon or which encroaches upon another person’s land then as long as they pay the owner of the land to use it, the right can be registered as a servitude.
If the building is constructed on the land, then the constructor must pay for any increase to the value of the land caused by the presence of the building.
However, if a person has, in bad faith, constructed a building on land belonging to another, he must return the land to it’s former condition, unless the owner of the land wishes to keep the building – they then must pay for either the price of the building or a sum representing the increased value of the land.
