When Heirs Reclaim Temple Land: Unregistered Land Dedication and Gaps in Thai Law on the Protection of Temple Land

Abstract

This academic article aims to analyze the legal problems arising from the dedication of land to Buddhist temples without registration of ownership transfer and the gaps in Thai law concerning the protection of temple land. The land dispute involving Wat Pa Adulyaram in Khon Kaen Province is employed as a contemporary case for framing the analysis, together with the Civil and Commercial Code, the Land Code, the Sangha Act B.E. 2505 (1962), relevant Supreme Court decisions, and academic literature. The analysis finds that the principal problem does not stem from an absence of legal protection for temple land itself, but rather from a lack of continuity between the donor’s intention, the temple’s acceptance and possession of the land, and the formal registration of ownership. This is particularly problematic during the transitional period in which privately owned land intended for religious dedication has not yet legally become temple property. If the donor dies before the registration process is completed, a dispute may arise as to whether the land remains part of the deceased’s estate passing to the heirs or has already become temple property. Determining the legal status therefore requires consideration of the donor’s intention, legal formalities, delivery, possession, and land registration. The article proposes four reforms: clearly defining the form and legal effects of land dedication to temples; establishing a notification system for land dedication prior to ownership registration; creating procedures for verifying and recognizing the status of land historically occupied by temples; and integrating land information among temples, the National Office of Buddhism, and the Department of Lands. These measures would align the donor’s intention, temple rights, heirs’ rights, and official land records, thereby reducing disputes and strengthening long-term legal certainty concerning temple land.