THE MANAGEMENT OF LAND LEASES OF TEMPLES WITHOUT LEGAL EVIDENCE OF LEASE AGREEMENTS

Abstract

This research aimed to: 1. study the conditions, problems, and obstacles in managing temple land leases lacking legal evidence; 2. compare relevant laws between Thailand and other countries; and 3. propose legal development guidelines. The methodology integrated documentary research, in-depth interviews with 17 informants, and a focus group with 10 experts. Data were analyzed using descriptive content analysis.

The research findings were as follows: 1. Conditions and Problems Temple lands were classified into three types: temple compound, temple estate (Thorani Song), and maintenance land (Kanlapana). The primary issue was the lack of written lease agreements signed by tenants, as required by the Thai Civil and Commercial Code. This absence led to unfair claims and subsequent disputes over possession rights and rental fees. 2. Legal Comparison Australia (Note: Corrected from Austria): The Native Title Act recognized pre-existing indigenous rights. Muslim Countries: The Waqf Law closely resembled Thailand's temple estate system by dedicating land for charity. Japan The Japanese Civil Code legally recognized unwritten lease agreements. Myanmar Under the Land Acquisition Act, temple land was managed as religious property by the Sangha and the state, and 3. Legal Development Guidelines: The study proposed applying the Four Noble Truths to foster Right View and adjust attitudes between temples and residents. Practical recommendations included rights verification and establishing a digital database. Legally, temples could receive benefits (e.g., rent) from temple estates (Thorani Song) without allowing ownership transfer. For maintenance land (Kanlapana), ownership remained with the original donor, unlike temple estates.