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Phuket's Pullman, one of two resorts with titles challenged

Phuket's Trisara, Pullman Resorts Hit as Land Department Cancels Suspect Parkland Property Titles

Thursday, December 11, 2014
PHUKET: Two of Phuket's most highly-regarded five-star resorts, Trisara and the Pullman Phuket Arcadia Naithon Beach, will be affected by a Land Department order today cancelling 17 property titles.

The announcement was made by the department yesterday and could eventually affect property valued at 5000 million baht.

It's believed the title cancelled that affects the Pullman involves a strip of land that has yet to be developed. Trisara, often compared to Amanpuri as perhaps a rival to the top resort on Phuket, is likely to be more comprehensively affected.

Today's cancellation is the latest step in a long investigation probing allegations that some developments bordering Phuket's Sirinath National Park have included sections of land appropriated from the public park.

Three Dolphins, a company that owns Trisara and other well-known resort brands on Phuket, was listed in cancellation documents today. Another title deed ordered cancelled affects a portion of land under the Malaiwana brand.

Leading the investigation is the Director General of the Royal Forest Department, Theerapat Prayurasiddhi. Khun Theerapat has not backed off since his appointment earlier this year by the military.

He told Phuketwan during a trip to the holiday island to look at possible encroachment by a resort on Kamala's expensive Millionaire's Mile that he intended to evict people who had occupied public land illegally, whether they were rich or poor.

So far he has maintained his promise.

The cancellation of the title deeds involving Trisara is likey to intensify debate about whether any illegal resort should be demolished and returned to parkland, as the law currently states, or converted to benefit future parkland preservation in a more practical way.

Teams of investigators are due on Phuket tomorrow to begin investigating another 700 suspect plots.

Investigators have always made the point that current owners may have been deceived if the suspect titles have changed hands several times.

Comments

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I can't see anything but prolonged litigation in the claim of these titles. Whether they were obtained legally or not, if they were issued by the Land Department and the businesses paid for the land on the face value of this document, in addition to confirmation via searches on the titles, it is hard to see they do not have a legal claim or at the very least a claim against the corrupt officials employed within the Lands Department to recover their losses. As they were employees of a government department, the government will be liable.

Posted by Manowar on December 11, 2014 15:36

Editor Comment:

Are you confusing the Land Department and the Land Titles Office? Failure of a property buyer to undertake due diligence doesn't make the purchase legal. Governments are unlikely to accept responsibility if officials are found to have been corrupt.

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Those land-grabbers must bear the demolition of illegal buildings. anyway they were making huge profit at the expenses of law-abiding taxpayers.
note that in other national parks around Thailand all illegal building were removed by force at the expenses of land-grabbers.

Posted by Whistle-Blower on December 11, 2014 15:38

Editor Comment:

It's not possible yet to assume guilt on anyone's part. There is no suggestion that the present owners are at fault. A resort managed on behalf of the state with all profits going to park protection would perhaps be better than any demolition - but the case has a way to go yet.

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Let's justice prevail. But also blame to the government officials who are involved. And keep common sense in mind.

Posted by phuketgreed on December 11, 2014 15:53

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@ Editor
Buyers must check properly the land documents and get guaranteed that all chanotes are genuine.

The land titles must and will have to be revoked, and land will have to be reverted to its original states as it is done in other national parks in Thailand.

It will up to the losers to lodge official complaints against the previous sellers and official corrupt civil servants but that will be a lengthy legal battle.

By the way most of land-grabbers knew about the flying Sor Kor 1 but did not care much about it as money was flowing under the table to grease influential people and corrupt civil servants.

Posted by Whistle-Blower on December 11, 2014 16:16

Editor Comment:

It's easy to throw around wild accusations, WB, but as the investigators keep saying, some of these titles have changed hands many times. Even the authorities have problems finding out if and when the deceptions took place.We'll wait to see what the experts say. No point in your guesswork.

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Whatever they call it in Thailand, If the Land Titles office issued a title document and you searched he title of the property throught the LTO then the property would appear genuine.
There is no higher department with which you can search. Conducting Due diligence starts with the LTO and the title document will include a schedule with issues affecting the title being other authorities, roads dept, water, easements etc.
If the schedule included the property as being part of a nation park or similar, the title could not be issued in the first place, I would have thought.
As for whether employees of the government are responsible or the government itself, they will probably be jointly responsible. It is not a purchasers responsibility to ensure the government employ trustworthy and competent staff or ensure these staff are acting within the law.

Posted by Manowar on December 11, 2014 16:38

Editor Comment:

The government cannot be held responsible for the misdeeds of employees. If officials have acted to falsify titles, then they have deceived the government, too.

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Perhaps this should be considered as similar to buying a stolen car or other stolen merchandise. Even if it was purchased in good faith, it still remains stolen property and must be returned to the legal owner. The only recourse is to take a civil suit against the person who sold it to you.

Posted by Richard S on December 11, 2014 17:58

Editor Comment:

That's about right.

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A stolen car is different to a property title because a car has to be rebirthed to transfer ownership. The usual way is to use the vin number from a written off car and transfer the tags, vin, serial nos to the stolen car. Engine numbers are usually filed off and restamped.
You would not be able to transfer ownership of the car If it had been reported stolen and the details recorded.

Property titles can't be changed because they are a specific lot on a plan. The plan and lots are registered as are the conditions or restrictions related to each property.
The LTO should have historical records from the initial ownership to the present and be able to trace back through this history to find if and when and who was involved when the illegal title was created.
A potential purchaser having conducted a title search and receiving a notice of clear title has no idea of what may have occurred between previous owners and corrupt officials. It will only tell you what occurred and when.
I would assume that if land is declared nation park or similar, these boundaries will appear on a location plan. I have no idea how the same plan can have a section of the nation park also listed as another separate property title unless a new location plan has been made, reducing the area of the national park by the inclusion of the illegally created land titles.

Posted by Manowar on December 11, 2014 20:34

Editor Comment:

Indeed. Maps are a key feature of the investigation. It would take several people conniving to produce the result you suggest.

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There was an interesting situation in Perth a few years ago where a property was sold by scammers while the owners were overseas for 6 months.
On their return, their keys did not work in their door locks. Unknown people opened the door and to their surprise said they had brought the property a few months before.
A Chinese man had got hold of the original owners identity and contacted a real estate agent and settlement conveyancer by email to organise the sale. The whole sale was done by email and funds transferred to an offshore account.
The owners went to court to reclaim ownership of their property and lost. The basis of the judgement was that the new owners were an innocent party and not part of the fraud, the title had been transferred by the Land Titles Office and the rights of the new owners could not be extinguished due to fraud by an unrelated party. The court found the the original owner could claim compensation from the conveyancer and the real estate agent for not confirming the fraudulent sellers identity and against the LTO.

Posted by Manowar on December 11, 2014 21:04

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I think an important point to remember is it takes serious money combined with serious influence and connections to 'connive' to put these deals together.

Another problem is many of the culprits are probably long retired or even dead. I think demolishing these places sends the best message. No matter how much you've spent you lose all it if found to be on the public's land. I just don't buy the line people didn't know.

Posted by Arun Muruga on December 11, 2014 23:09

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AM, agree but some of these ' deals' we're done years ago and current owners may just be innocent parties. I don't suggest this to be the situation in every case.
Where existing owners were a party to this illegal action, they should lose their titles immediately but where titles have changed ownership a number of times and the latter purchase involved obtaining requisitions on title from the LTO, the situation is slightly different especially when the title has been held for a reasonable period.
Remember that the history and legality of land titles is complex but very similar in most countries over the last few thousand years.
The transition from terra nullius ( land belonging to no one) to freehold title required many steps and obligations by the numerous claimants and occupiers of an individual parcel of land during this transition.

Posted by Manowar on December 12, 2014 08:08

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This is the what the court of justice should do for all greedy land-grabbers at Sirinath National Park and public lands in Phuket.

http://www.bangkokpost.com/news/general/449339/encroachers-jailed-17-years-on
THAILAND - KANCHANABURI
JUSTICE - ENCHROACHERS JAILED 17 YEARS ON

Kanchanaburi: The Supreme Court has sentenced three people to six years and eight months in prison for encroaching on protected areas of Srinagarind Dam National Park, ending a case that has dragged on for 17 years.

Posted by Whistle-Blower on December 13, 2014 09:19

Editor Comment:

Be patient, WB. Be patient.


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