Legal Problems for Pedal Possession on Public Land Study on Wangsomboon Sub-district, Wangsomboon District, Sa Kaew Province

Abstract

The objective of this research is to study the policies and laws regarding land possession in Thailand, and to analyze the laws regarding land possession, status of land titles and possession, and legal problems or obstacles affecting law enforcement in order to conclude and suggest guidelines for actions regarding land possession. Document research is used in this study which is based on facts and problems in issuing title certificates in Wang Somboon sub-district, Wang Somboon District, Sa Kaeo Province to analyze the cause of the problem. The study found that land ownership can be acquired from several channels. Before issuing a title deed or a certificate of utilization, title of land shall be proved. Each law focuses on land management by the State in terms of land-use control, proof of ownership procedure within the legal framework, and official documents which deemed to be obstacles to the resolution of land disputes. Furthermore, overlapping law enforcement, as well as legal gaps in relation to land possession, causes both legal and operational problems for government officials. The researcher suggests that the Land Code B.E. 2497 should be amended by enabling the issuance of land title deeds or certificate of utilization in permanent forest, Allotment of Land for Living Act, B.E. 2511 should be amended by changing the qualifications of members and allowing land use in other respects than agriculture, or Agricultural Land Reform Act B.E.2518 should be amended by allowing land in the permanent forest to be used for agricultural land reform. In addition, policy recommendations are introduced in this research.