Section 62. Regarding all lawsuits in connection with the land ownership with its Title Deed, the Court shall notify the land officers in the relevant locality of the final judgment or order.
Section 63. In case of damage, defect, and loss of Title Deed by any means, the owner may make a request for its substitution.
Upon the issuance of the substitution, the former Title Deed shall be annulled unless the Court orders otherwise.
In applying for the substitution of the Pre-emption Certificate, the Utilization Certificate or the Land Examination Certificate, the aforesaid provisions shall apply mutatis mutandis.
Section 64.51 In case of damage, defect, and loss of the Title Deed, the Land Examination Certificate, the Utilization Certificate, or the Pre-emption Certificate which is maintained at the Land Office, the competent officials under Section 71 shall have power to call for the said document from the land rights holder for purpose of reproduction thereof based on the existing originals.
Chapter 5
Land Survey
Section 65. The cadastral survey shall be conducted in accordance with the rules and procedures prescribed in the Ministerial Regulations.
Section 66. For purpose of survey, the competent officials and labors shall have power to enter the land of the land rights holder or the possessor during daytime but the land rights holder shall be notified of the entry in advance. The land rights holder or the land possessor shall facilitate the entry of the said competent officials and labors as appropriate.
In erecting the monuments in the land for purpose of the traverse control, the competent officials shall have power to do so if necessary.
In conducting the land survey, the competent officials, if imperative and appropriate, shall have power to do digging, cutting and lopping branches, or anything to the objects that hinder the survey as much as necessary by bearing in mind that it shall cause the least damage to the owner.
Section 67. It is forbidden to destroy, alter, or remove the reference marks or the monuments that are driven into the ground by the competent officials without permission of the land officers.
Section 68. Whenever it is necessary for any person to act as set forth in Section 67, a request shall be filed with the land officers for permission.
In case of decline against such request, the land owner shall have the right to lodge an appeal with the Minister within fifteen days after such decline is acknowledged. The Minister shall issue an instruction within sixty days after the appeal is accepted. The Minister’s instruction shall be final.
In case of absence of the Minister’s instruction up to the expiration of sixty days as prescribed in the preceding paragraph, it shall be regarded as permission.
Section 69. Whenever it is expedient to examine and verify the boundaries of land as shown in the map in any locality, the provincial Governor shall make notification for purpose of acknowledgement of the land rights holder at least fifteen days in advance. To make notification, a written notice shall be put up within the confinement of the land and the land rights holder shall be, in addition, notified of the designated date and time as well. The land rights holder shall accompany the competent officials when the examination and verification of the land boundaries is conducted.
The land rights holder under the preceding paragraph may appoint his/her representative to accompany the competent officials during the examination and verification in lieu thereof.
After the examination and verification, the competent officials shall have power to issue a new Title Deed to replace the former which is to be annulled and returned.
Section 69 bis.52 Any land rights holder with intention to have his/her Title Deed examined and verified may file an application together with the Title Deed with the land officers and the competent officials shall carry out the examination and verification as requested.
In surveying the land, if it appears that the land possession is inconsistent with the map or the area as shown in the Title Deed, the land officers shall, after the person with rights in the adjoining land certifies the land boundaries, have power to make correction of the map or the record of land area to correspond with the result of actual survey, except in case of collusion for purpose of law evasion.
In a case where it is not possible to contact the person with rights in the adjoining land to observe the land boundaries, or the said person fails to be present after being notified by the competent officials, or the said person is present to observe the boundaries but decline to certify the boundaries without opposing the survey, the competent officials shall notify such person through a written notice requesting his/her signature to either certify or oppose the boundaries within thirty days after the delivery of notice. If the person with rights in the adjoining land fails to take either action within the designated time period and the applicant certifies non-encroachment upon the adjoining land and gives consent for any correction of the map or the record of land area to be made to conform to the actual survey, the land officers shall proceed under paragraph two without such certifying of the boundaries.
Any communication or notification to the person with rights in the adjoining land under paragraph three shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.
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51. Section 64 has been amended by the Act Amending the Land Code (No. 2), B.E. 2521 (1978).
52. Section 69 bis. has been amended by the Act Amending the Land Code (No. 4), B.E. 2528 (1985).
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