Guidelines for the Management of Land Ownership Documents of Chinese Cemeteries: A Case Study of Katanyu Anusorn Cemetery, Nakhon Pathom

Abstract

Currently, some Chinese cemeteries in Thailand are increasingly abandoned as descendants no longer visit to maintain burial plots or perform traditional rituals. This results in unpaid annual maintenance fees and lack of continuous care. Consequently, cemetery operators face long-term management challenges, as they cannot contact heirs or manage abandoned plots due to concerns over land rights and potential disputes.

 A review of ownership documents reveals that most are only receipts issued by cemetery operators, lacking clear details on rights, obligations, and usage conditions. This research aims to develop guidelines for managing cemetery plot ownership documents to ensure legal clarity and compliance, and to propose suitable document formats for Thai-Chinese descendants. The study employs in-depth interviews with cemetery operators, descendants, and legal experts.

The findings identify three models of plot rights: 1) permanent purchase, feasible as co-ownership under the Civil and Commercial Code, involving shared ownership in a single land parcel; 2) long-term lease (30 years) through a registered lease agreement specifying conditions such as usage, transfer, and termination; and 3)columbarium units, which can be provided in both lease and purchase forms. In the case of leasing, it follows the legal framework of real property lease agreements. In the case of purchase, operators may develop condominium-style buildings under the Condominium Act and sell individual units for urn storage. However, this model faces limitations in cost, practicality, and suitability.