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Police speak with German expats accused of demolishing coronavirus barrier in Chiang Mai


rooster59

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2 hours ago, Odysseus123 said:

Well..you are a well noted farang hater..but leaving that to one side the idea of "doolally"  and "le cafard" is that due to boredom,lack of intellectual stimulation and a general sense of purposelessness one simply loses touch with reality...

 

Hence the habitual tactics of denial,deflection and displacement on display by a number of posters on this thread.

 

The reality-not reported by the intrepid Thai reporter-is that an illegal barrier was placed across the road and when some folks (foreigners) decided to remove it they were hauled off to the police station to explain themselves-and be investigated by Thai Immigration as well.

 

On a general point I believe that you are an Australian-but you will never be a Thai..

My Thai wife,on the other hand,is well on her way to becoming an Australian.

 

 

So... anyone who opposes your view or show some "strange act" (the printable version) that a foreigner does is "doolally" and "le cafard"?

Yes, there are many of them around, but definitely not due to boredom alone...

 

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2 minutes ago, ravip said:

Please do read the OP, you might find the missing gem.

Ravip, you are a tad over the top.  The OP does not state whether or not they broke any law, but rather that they were questioned as to why they demolished a supposed barrier that "locals said it was essential to help prevent the spread of COVID-19 and reported the ‘demolition’ of the barrier to Hang Dong police".  Now the story itself leaves out so much information as to what, who or why, and if the barrier was erected legally and at whose authorization it was placed across a road.  A wind-up is just that a wind-up and common sense should indicate the true actions of either the individuals who responded to the barrier or to your first post.  Please give it a rest.  Unless you can show in the written story where that which I have referenced as portions of the story have been answered then maybe it is time to relax.

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5 hours ago, Yadon Toploy said:

Too many people gone troppo here with puzzled thinking

Gone troppo?  Has a new phrase entered the vernacular of the TV expat forums.  

"Man, that newie has gone troppo on this thread."  <laughs>

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17 minutes ago, ThailandRyan said:

Ravip, you are a tad over the top.  The OP does not state whether or not they broke any law, but rather that they were questioned as to why they demolished a supposed barrier that "locals said it was essential to help prevent the spread of COVID-19 and reported the ‘demolition’ of the barrier to Hang Dong police".  Now the story itself leaves out so much information as to what, who or why, and if the barrier was erected legally and at whose authorization it was placed across a road.  A wind-up is just that a wind-up and common sense should indicate the true actions of either the individuals who responded to the barrier or to your first post.  Please give it a rest.  Unless you can show in the written story where that which I have referenced as portions of the story have been answered then maybe it is time to relax.

Why do you say that I am over the top. They decided to destroy some road block put up by someone legally or maybe illegally. The correct act would have been to inform the Police, isn't it?

Maybe I am over the top for thinking like that... but, I still think the same. If not, a country does not need a law enforcement system. Just let the public sort out their problems, as they wish?

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The German expats have no case to answer:

1) The barrier looks 100% intact and not demolished.

2) It would never stop a virus of any type

Deny, Deny, Deny.... Not guilty gov! Not us, we never saw anything ????   

Edited by soi3eddie
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Just so it is clear to everyone if they ever have a problem within their ingress or egress here in Thailand, as I have been to court in Udon Thani over this issue.

 

Section 1349 of the Civil and Commercial Code governs the Thai legal right to a “right of way.” Under this section, the owner of a piece of landlocked property with no access to a public road may pass over a surrounding land to reach a public road. The place and manner of the pass over must cause as little damage as possible and the person creating the passage must compensate the landowner for any damage that occurred. The compensations can be made through annual payments.

 

The legal right to a “right of way” is a blunt instrument that may generate more problems with neighbors than it solves. Most people do not like using the law to force a passage through their neighbor’s land. There can be issues as to whether the passage minimizes the damage and the amount of compensation. In addition, there may be general animosity created by forcing a path through the neighbor’s property.

 

What is an Easement, Servitude, or Right of Way?

Most neighbors seek an agreed servitude as a flexible and legally enforceable method of solving the issue. Servitudes are covered in Section 1387 of the Civil and Commercial Code:  A servitude is a non-possessory interest in land which is part of the property. Servitudes are generally agreements or covenants between landowners which provides rights to one party and duty to another party. Servitudes can cover many subjects including building restrictions, development rights, or injunctions for certain uses.

 

One of the most common forms of servitude is an easement. An easement is the right to enter onto the property of another with possessing it. An easement allows landlocked property owners a right of way to a public road. Easements need to be registered with the local government land office and compensation must be stated in the agreement. If there is no compensation stated, a fee of 50 baht per plot of land will be assumed by the government land office.

 

Servitudes, easements, and legal right of ways may diminish the property value of the burdened property owner. It is important to review the property records to determine whether there are restrictions or duties that are imposed with the purchase of the property. The cost of these restrictions must be incorporated into the purchase price of the property. 

 

In my case, I had a house in an estate, much like the one shown in the maps people have attached to the OP.  The road ran right next to a Wat, and the other side of the road was owned by a farmer.  It was the only way in, unless we were to take a dirt road 5 km around the back side of farm land.  The road was owned by the farmer, but when he sold the land for which our estates were built a right of way and servitude were negotiated.  It was only after the estates were built, that the land owner decided to cut half of the road out and widen his field so that the only way in was by M/C or walking to the Wat.  Instead we were forced to drive around the dirt road used by other farmers to get to there properties.  As such the HOA took the owner to court, and he was subsequently forced to rebuild the roadway and was also told he could not block our use of it unless he provided another way for us in and out.

 

Very similar to this story in that someone blocked a road.  The story leaves out so much to be desired and pressing charges fr destroying a barrier was not even mentioned, only that the people complained to the police and then immigration became involved.  To be honest, it sounds to me like a pissing match between the estate folks and someone else who decided to take the law into there own hands.

 

The law also protects one from removing a barrier which has been placed illegally blocking a roadway if the road was the only way in and out of a private property.  By blocking the road, and if no other way in, there is no way emergency services could have been provided or for the occupants of the property to escape a catastrophic incident.

 

 

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6 hours ago, connda said:

If a barrier was placed on the road keeping me from accessing my home?  I'd dismantle it too.

Notice.  The local Thais create a barrier that keeps the farangs out.  Then complain to 'the authorities' who then bring down the authority of Immigration to deal with the 'ai' farang who are so cheeky that they dismantled barriers erected to keep them from accessing their own homes.

What should be "investigated" is the Covid-19 inspired racism of the Thai locals who (illegally) erected a barrier across a public road in the first place meant to keep foreign resident for reaching their own homes.

But where has it been determined that is the case? 

 

The op is very thun on specifics, where are you getting your info?

 

Seems to me the raciam and paranoia cut in many directions.

 

Anti thai, anti foregener, anti chinese, take your pick.

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11 hours ago, rooster59 said:

A group of 20 people made of German expats and their Thai wives have been accused of removing a barrier in Chiang Mai set up to prevent the spread of COVID-19.

20 people complained about a German and his wife who removed this barrier.

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2 hours ago, ThailandRyan said:

Just so it is clear to everyone if they ever have a problem within their ingress or egress here in Thailand, as I have been to court in Udon Thani over this issue.

 

Section 1349 of the Civil and Commercial Code governs the Thai legal right to a “right of way.” Under this section, the owner of a piece of landlocked property with no access to a public road may pass over a surrounding land to reach a public road. The place and manner of the pass over must cause as little damage as possible and the person creating the passage must compensate the landowner for any damage that occurred. The compensations can be made through annual payments.

 

The legal right to a “right of way” is a blunt instrument that may generate more problems with neighbors than it solves. Most people do not like using the law to force a passage through their neighbor’s land. There can be issues as to whether the passage minimizes the damage and the amount of compensation. In addition, there may be general animosity created by forcing a path through the neighbor’s property.

 

What is an Easement, Servitude, or Right of Way?

Most neighbors seek an agreed servitude as a flexible and legally enforceable method of solving the issue. Servitudes are covered in Section 1387 of the Civil and Commercial Code:  A servitude is a non-possessory interest in land which is part of the property. Servitudes are generally agreements or covenants between landowners which provides rights to one party and duty to another party. Servitudes can cover many subjects including building restrictions, development rights, or injunctions for certain uses.

 

One of the most common forms of servitude is an easement. An easement is the right to enter onto the property of another with possessing it. An easement allows landlocked property owners a right of way to a public road. Easements need to be registered with the local government land office and compensation must be stated in the agreement. If there is no compensation stated, a fee of 50 baht per plot of land will be assumed by the government land office.

 

Servitudes, easements, and legal right of ways may diminish the property value of the burdened property owner. It is important to review the property records to determine whether there are restrictions or duties that are imposed with the purchase of the property. The cost of these restrictions must be incorporated into the purchase price of the property. 

 

In my case, I had a house in an estate, much like the one shown in the maps people have attached to the OP.  The road ran right next to a Wat, and the other side of the road was owned by a farmer.  It was the only way in, unless we were to take a dirt road 5 km around the back side of farm land.  The road was owned by the farmer, but when he sold the land for which our estates were built a right of way and servitude were negotiated.  It was only after the estates were built, that the land owner decided to cut half of the road out and widen his field so that the only way in was by M/C or walking to the Wat.  Instead we were forced to drive around the dirt road used by other farmers to get to there properties.  As such the HOA took the owner to court, and he was subsequently forced to rebuild the roadway and was also told he could not block our use of it unless he provided another way for us in and out.

 

Very similar to this story in that someone blocked a road.  The story leaves out so much to be desired and pressing charges fr destroying a barrier was not even mentioned, only that the people complained to the police and then immigration became involved.  To be honest, it sounds to me like a pissing match between the estate folks and someone else who decided to take the law into there own hands.

 

The law also protects one from removing a barrier which has been placed illegally blocking a roadway if the road was the only way in and out of a private property.  By blocking the road, and if no other way in, there is no way emergency services could have been provided or for the occupants of the property to escape a catastrophic incident.

 

Are you available for private work ?

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"Not very diplomatic on his part and not a good way of handling it at a stressful time like this. Another farang acting like an arrogant <deleted> and making us all look bad."

 

I disagree. 

 

How would this have played out if the people who decided to erect the barrier had first gone to the German owner of the bread shop? 

"Hi, we want to block off this lane so that people can only funnel into the area via a single road, so we can check them. We know where your shop is and would like to have your input on this idea." 

 

Would there be an issue? Probably. In this case the village head along with the police would be called in to hammer out some sort of solution. Would the foreigner be outvoted? Perhaps. But at least he would have been part of the issue and not targeted afterword, and then portrayed as the instigator of a problem. 

 

The foreigner should be happy he is not in China where he could be evicted from his rented shop by a frightened landlord without recourse. 

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Looks like Thai police responded very quickly to Thais reporting "bad farang". Thai just tolerate foreigners that stay quiet, spend money and go back home. 

Police never came to my house to investigate thefts, and collect evidence. Oh, forget about complaining about garbage burning by Thais.   Because of Thai neighbours I sold house in Nam Phrae, Hang Dong , Chiang Mai.

Edited by thaismog
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