No One May Seize or Transfer Ownership of Temple Land for Personal Use

The Thai Supreme Court ruled that temple land ("Thornani Song") cannot be seized, transferred, or owned by individuals or government agencies without proper legal authority. This principle is grounded in several laws governing the Sangha (monastic community) and land ownership.

Key Points:

• The land in question was confirmed to belong to the plaintiff temple.

• The Ministry of Agriculture had no legal right to take over this temple land or transfer it to a third party.

• The defendant, who received the land from the Ministry, did not acquire lawful ownership.

• While the Civil and Commercial Code (Section 1373) presumes ownership from possession, this presumption was rebutted by evidence showing the land's temple status.

• As a result, the registration of land combination and subdivision is invalid, but only for the part of the land overlapping the temple plots.

• Portions not involved in the dispute remain unaffected.

Relevant Laws Cited:

• Civil and Commercial Code: Section 1373

• Civil Procedure Code: Section 142

• Sangha Administration Acts: R.S. 121 (Section 7), B.E. 2484 (Section 41), B.E. 2505 (Section 34)

Conclusion: Temple land is legally protected and cannot be claimed or repurposed by individuals or state bodies without proper legal authority. Any unlawful registration or transfer of such land is void.