The Problem of the Exercise of the Right to Changethe Land Tenure Owner under the Act Agricultural Land Reform 2518 B.E.

Abstract

             The objectives of this study were to investigate the situations of the problems, rules, theories and legal measures relating to the authority of officials in the issuance of deeds or rights documents or the land separation of ALRO according to the Agricultural Land Reform Act 1975, Section 39, to study the comparison of Thai and foreign laws regarding land acquisition rights of ALRO in order to bring the results of the study to be a guideline for amendment of the law to persons occupying the land of ALRO could change hands for someone other than the statutory heir.

             This research result was a qualitative research studied from the Land Code, Civil and Commercial Code, Agricultural Land Reform Act 1975, books, textbooks, law articles, and interviews specialized experts, including the involved people. From the study, it was found that the case of notification of the intention to acquire land rights under Section 27 ter under the Land Code of ALRO, it could not be done in the case of possession of a forest before the promulgation of the Land Code in 1954, the letter of rights could be issued in the survey under Section 58 and Section 58 bis according to the Land Code. Therefore, the authorities would issue the land rights certificate only for the people who report SK.1 and SK.2 before the establishment of ALRO. The authorities had no rights to issue land rights documents; therefore, the occupant lacked the right in the land of ALRO.

              Suggestions should be made to amend the Agricultural Land Reform Act of 1975, Section 39 by specifying that the land to which a person was entitled by Agricultural Land Reform could not divide or transfer the rights to that land to others. Unless it was inherited to a statutory heir or transferred to a farmer institution or for the benefit of Agricultural Land Reform, 1975, Section 39. The amendment by specifying rights to those who made or took possession of ALRO land, sold or divided to others who were not statutory heirs, because of  it would not cause inequality in land ownership, such as people with ownership of land (Title Deed), certificate utilization of land (NS.3, NS.3K), claim certification (SK.1), which would make the use of the right to hold the ALRO Land of the general public in the northeastern region was arable or possessed in the ALRO by promoting people to have land for farming and resulting in better economy of Thailand.