Landlocked Land vs Land With Public Road Access: What to Know Before Buying Land in Thailand

What Is Landlocked Land, and How Is It Different From Land With Public Road Access

Landlocked land is a plot completely surrounded by other plots, with no route of its own to a public road — the only way out is by crossing someone else’s land. This differs from land with public road access, where one side of the plot directly borders a road the public can legally use.

Many buyers assume that as long as there’s a walkable path in and out, even a narrow one crossing a neighbor’s plot, there’s no real problem. But for legal purposes and for getting a building permit, the legal status of that access route matters far more than how convenient it is to walk through.

Some cheap-looking plots in Korat or Roi Et may in fact be landlocked land with no clear legal right of access. A buyer who doesn’t check this before purchasing can run into serious trouble later when applying for a building permit — sometimes only discovering the problem after the land is already fully paid for.

How Thai “Right of Necessity” Law Protects Landlocked Land

Thailand’s Civil and Commercial Code establishes a right known as a “right of necessity,” which allows the owner of land surrounded by other plots with no outlet to a public road to pass through the surrounding land to reach one. This also covers cases where there is technically an outlet but it crosses a marsh, swamp, or a drop-off too steep to actually use.

Using this right requires choosing the route that causes the least damage to the surrounding landowner, and the landlocked landowner must pay reasonable compensation to the owner of the land being crossed. It isn’t an unconditional right you can simply exercise.

Where the landlocked situation was created by subdividing or transferring a larger plot, the owner of the cut-off portion can only claim a right of way across the specific plot(s) involved in that original subdivision or transfer — and in this case, the law does not require compensation.

Can You Get a Building Permit on Landlocked Land

Thailand’s Building Control Act requires that land intended for construction have access to a public road meeting the conditions set by law. If a plot is landlocked with no clearly established right of necessity or no documentation confirming access, applying for a building permit typically runs into trouble right from the submission stage.

Even where a right of necessity exists by court order or neighborly agreement, if the width of that access route doesn’t meet what the local authority requires for a fire truck or a construction material truck, officials may require the access to be widened before issuing a permit — an unbudgeted expense many buyers don’t see coming.

Owners of landlocked land should check with the provincial Public Works and Town Planning Office, or the local municipality or SAO (Subdistrict Administrative Organization, known in Thai as “Or Bor Tor”), before buying, to confirm whether the existing access is sufficient to obtain a permit for the house they intend to build.

What Thai Building Law Says About Road Width

Ministerial Regulation No. 33 (1992), issued under the Building Control Act, clearly sets out requirements for high-rise buildings and extra-large buildings: the land must have one side at least 12 meters long fronting a public road with a right-of-way at least 10 meters wide, and if the building’s floor area exceeds 30,000 square meters, that road must be at least 18 meters wide.

These figures apply only to high-rise and extra-large buildings. For an ordinary small-to-medium residential house — what most people actually build — there is no single central road-width figure that applies everywhere, since local municipal or SAO regulations can set their own detailed requirements. Assuming the high-rise figures apply to an ordinary house is a common and costly misunderstanding.

Because of this, anyone planning an ordinary residential house in Korat, Roi Et, Khao Yai, or Pak Chong should confirm the minimum road width that actually applies directly with the local authority, rather than assuming the large-building figures apply to their own house.

How to Check Whether a Plot You Want to Buy Is Landlocked

Start by checking the map attached to the title deed — known in Thai as a chanote — to see whether any side of the plot fronts a public road as shown on the land survey, or whether the only access is a path crossing another plot. You can do this before you’ve even scheduled a viewing.

If the access route you see is actually a private road belonging to a neighboring plot, ask to see the legal documentation for using it — such as whether it’s a registered easement. A path you can currently walk through doesn’t automatically mean you have a legal right to keep using it; the neighboring owner could close it off later if there’s no documentation behind it.

Visiting the local Land Office or the municipality/SAO with the title deed number in hand is the most direct way to confirm a plot’s access status before committing to a deposit, and it’s worth requesting copies of any relevant documents to keep on file.

Before Buying Land With Any Doubt About Access, Do This First

Don’t take a seller’s word that “access is no problem” at face value. Ask for written documentation of the right of access and verify it with the relevant government office every time, especially for land set well back from a main road or priced suspiciously low compared to neighboring plots.

If you’ll need to rely on a right of necessity, consult a land law specialist alongside planning your house design, since negotiating access with a neighboring landowner can take longer than the construction itself — and any agreement should be put in writing.

The OBILIS team advises homeowners to confirm a plot’s access status clearly before buying, before starting house design work in Korat or Roi Et, so the permit process later goes smoothly instead of getting stuck fixing an access problem afterward. Note also that foreigners generally cannot own land outright in Thailand, a separate legal restriction worth factoring into any land purchase alongside access questions.

If you want a figure for the house you actually have in mind, try the budget planner first, or contact us for an estimate based on your real plan and land.

Related reading: Land Use Zoning Colors in Thailand: Which Colors Let You Build a House in Isan | Building Setback Rules in Thailand: How Close to the Fence?

Frequently Asked Questions

If I buy landlocked land, can I always claim a right of necessity?

Not always. Claiming a right of necessity requires meeting the legal conditions, and often involves negotiation or litigation with the neighboring landowner if no agreement can be reached, which takes time and money. Don’t buy landlocked land assuming this right alone will solve your access problem without checking thoroughly first.

Landlocked land is cheaper than land with road access — is it worth buying?

A lower price may not be worth it if you end up spending extra time and money resolving access afterward, on top of the risk that a building permit gets rejected. Calculate the total cost against comparable land with public road access before deciding — don’t just compare price per rai.

What’s the difference between a registered easement and a right of necessity?

A registered easement arises from an agreement formally recorded at the Land Office. A right of necessity is a statutory right a landlocked landowner can claim even without a prior agreement, but it requires proving the legal conditions are met and usually involves paying compensation to the owner of the land being crossed.