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In case of objection, the land officers shall have power to make enquiry and compromise by considering the map evidence. If an agreement between parties is attained, the matter shall be carried out as such except in case of collusion for purpose of law evasion. If the parties fail to come to any agreement, the parties shall be notified of his/her right to file a lawsuit within ninety days as from the date of notification. In case of no lawsuit within the designated time period, it shall be regarded that the applicant has no intention to have the boundaries examined and verified further.

In a case where the land rights holder wishes to have only his/her land area verified against the Utilization Certificate, the application together with the Utilization Certificate of such land shall be filed with the land officers and the provisions of paragraph two, paragraph three, paragraph four, and paragraph five shall apply mutatis mutandis.

Section 70. For purpose of survey, the competent officials shall have powers as follows:

(1) to summon the person with rights in the adjoining land to observe the boundaries and to acknowledge his/her boundaries by means of signature;

(2) to summon any relevant persons to give statements or furnish documents or any evidence for inspection.

Section 70 bis.53 In the examination and verification of land for purpose of issuance of the Utilization Certificate and the examination of the land area against the Utilization Certificate, the provisions of Section 66 and Section 70 shall apply mutatis mutandis.

Chapter 6
Registration of Rights and Juristic Acts
 

Section 71.54 For any immovable property in the locality of the Provincial Land Office or the Branch Land Office, the land officers shall be the competent officials for registration of rights and juristic acts in connection with the immovable property under the Civil and Commercial Code.

In a case where the information and communication technology system has been used in registering the rights and juristic acts, the land officers shall be the competent officials for registration of rights and juristic acts in connection with the immovable property under the Civil and Commercial Code through the information and communication technology system for any immovable property in the locality of other Provincial Land Offices or the Branch Land Offices as well except in a case where the announcement or the survey is required for the registration thereof in accordance with the rules and procedures published in the Government Gazette by the Director-General.55

Section 72.56 Any person wishing to have the registration of rights and juristic acts in connection with the immovable property under the Civil and Commercial Code shall have the document of land rights presented by the other party to be examined by the competent officials under Section 71 for the registration thereof.

In registering any right and juristic act under paragraph one for the land with the Title Deed, the Land Examination Certificate, or the Utilization Certificate, the other party may file an application with the competent officials under Section 71 at the Department of Lands or any Land Office for the registration thereof except in a case where the announcement or the survey is required for the registration thereof.

Section 73. If it appears to the competent officials that the juristic act filed for registration is a void act, the competent official shall not proceed with the registration thereof.

If the juristic act filed for registration appears to be a  voidable act, the competent officials may carry out the registration of such juristic act only if the other party who suffers damage gives consent and confirmation for the registration thereof.

Section 74. In proceeding with the registration of rights and juristic acts by the competent officials under Section 71, the competent officials shall have power to make enquiry toward the other party and summon any relevant person to give statements or furnish documents or any evidence as deemed necessary and the competent officials shall proceed as it deems advisable.

In a case where it is convincing that the filing for registration of rights and juristic acts is for the purpose of law evasion or the land is bought for the benefit of foreigners, the Minister’s order shall be sought and obtained. The Minister’s order shall be final.

Section 75.57 In proceeding with the registration of rights and juristic acts in connection with any land with the Title Deed or the Utilization Certificate, the competent officials shall record the terms of agreement or make a contract related to this matter, as the case may be, and shall record the same essential issues into both copies of the Title Deed or the Utilization Certificate whereas one copy is for the Land Office use and the other is for the land owner.

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53. Section 70 bis. has been amended by the Act Amending the Land Code (No. 2), B.E. 2521 (1978).

54. Section 71 has been amended by the Act Amending the Land Code (No. 4), B.E. 2528 (1985).

55. Paragraph two of Section 71 has been added by the Act Amending the Land Code (No. 10), B.E. 2550 (2007).

56. Section 72 has been amended by the Act Amending the Land Code (No. 4), B.E. 2528 (1985).

57. Section 75 has been amended by the Act Amending the Land Code (No. 4), B.E. 2528 (1985).


 

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