The interpretation of the notification period of possessory right to certify issuing the title deed

Abstract

This article analyzed that the Claim Certificate, S.K.1 or Sor Kor Nueng, in accordance with The Land Code B.E.2497 (1945) Section 5, is to be used as evidence when requesting a title deed declaration, in particular. Section 59 of the Land Code B.E.2497 (1945) has issues concerning the interpretation of the period of land possession notification.

Firstly, the requests for individual land possession notification, prior to the effective date of the Land Code, were accepted from the 1st of December 1945 to the 29th of May 1946, would it be possible to extend this period? Secondly, if the last day of the period is a traditional holiday on which work is not allowed, could this be interpreted by using the new beginning workday as the last day? Thirdly, how can the notification of land possession be affected if it has expired?

The study and analysis found that the notification of possession must be made within the time period prescribed by law, and the timeframe cannot be interpreted to extend any further because it is a mandatory period and the new work start date cannot be enforced as the particular law provided for this. In addition, upon the expiration of the land possession notification, the possessor will submit a required form to the sheriff who will investigate the evidence and make a recommendation to the provincial governor regarding the respite for the land possession notification period that provided by the specific law.