Legal Issues Regarding Land Use and Dispute Resolution in Land Development Projects

Abstract

The objective of this study is to examine the laws related to land allocation in the case of land use in land development projects and the resolution of disputes that arise, analyzing them in conjunction with relevant concepts and theories, and comparing them with laws from other countries. This is intended to serve as a foundation for writing this academic article.

The study found that the Land Allocation Act B.E. 2543 (2000) presents two significant issues (1) The problem of requiring the creation of regulations regarding public utilities, housing, and traffic within the land development after the establishment of the homeowners' association, which prevents buyers from reviewing the conditions or restrictions of rights before making their purchasing decisions, thereby forcing them to comply with rules imposed later, even if they affect the property rights of both individual and communal owners. This leads to disputes and (2) The absence of specific mechanisms in the Land Allocation Act B.E. 2543 (2000) or any related laws for dispute resolution, requiring general dispute resolution methods, such as court action, which do not allow for quick resolution of conflicts. These two issues contrast with practices in foreign countries.

The author suggests that land developers should be required to set regulations regarding rights restrictions for buyers from the stage of applying for land allocation permits, so that buyers are aware of the limitations before deciding to purchase. Additionally, the Land Allocation Act B.E. 2543 (2000) should include provisions for dispute mediation to provide a mechanism for resolving arising disputes.