The abbot of a forest temple in Khon Kaen has produced the original title deed for land donated more than three decades ago, as the donor’s heirs intensify their efforts to reclaim the site.

Phra Kru Adulyasananithet has lodged an objection to an application by the heirs for a replacement land title deed, and is asking to have the property where Wat Pa Adulyaram stands registered in the temple’s name.

The heirs in turn have brought trucks and construction materials to block all access points to the temple. They are also attempting to enforce eviction notices giving temple authorities 15 days to start removing structures on the land.

The abbot on Friday took his case to the provincial office of the Department of Lands, accompanied by Krisakorn Sanitsakdee, a senior official of the National Office of Buddhism, and Dhamma Army Foundation vice-president Prayut Prathetsena.

Mr Krisakorn said two issues were being addressed: the objection to a replacement deed sought by the donor’s granddaughter, known as “Aunt Da”, representing the heirs; and an application to change the name on the existing title deed from Hiang Phimsri, who died in 1991, to that of the temple.

Mr Krisakorn said the National Office of Buddhism regarded the case as urgent, adding that it encouraged temples nationwide to transfer land titles from donors to prevent similar disputes.

“Once a donor gives land to a temple, the land is regarded as state property, even if the title deed has not yet been changed. The donor’s heirs have no right to reclaim it,” he said.

Success in the courts

In litigation dating back to 2004, he said, the temple had previously won cases at every court level, but the heirs continued to pursue the matter, with the application for a replacement deed filed on July 27.

Phongsuwat Chaiyontueak, an official at the Department of Lands, said his office would gather information from relevant agencies before considering the request to change the title into the temple’s name.

He said the title deed had not been lost, as claimed by the heirs, because the original remained in the temple’s possession and had been presented to officials.

Mr Prayut said the temple was now taking steps to complete all legal and administrative procedures concerning the property.

“This is a fresh start for the temple. Legally, the temple’s land is the temple’s land, but the title had never been formally transferred,” said the Dharma Army Foundation vice-president.

He said the case could become a precedent for protecting temple property nationwide, noting that land disputes often become difficult to resolve after the original donors have died.

The 72-year-old abbot said the 21 rai of disputed land on which the temple stands was formally donated in 1990 in front of local residents, with photographs and copies of the title deed kept as evidence.

Permission to build was sought in 1992 and the complex was officially registered as a temple in 1998, he said.

The senior monk said the original land title deed had also been presented to the temple in the presence of local residents while Hiang Phimsri was still alive.

“Aunt Da”, who represents heirs of the late land donor Hiang Phimsri, is seen at the entrance to Wat Pa Adulyaram on Monday. (Photo: Chakkrapan Natanri)

Trespassing complaint

Khon Kaen police, meanwhile have issued summonses for Ms Da and four other people to acknowledge allegations of trespassing and obstruction of entrances to Wat Pa Adulyaram, saying CCTV footage and witness accounts place Ms Da at the scene.

As the temple has the right to possess the land, outsiders interfering with that right by placing pipes and pouring concrete across the entrances could constitute trespassing, said Pol Col Yotsawat Kaewsuebthanyanit, chief of the Muang Khon Kaen police station.

Investigators have identified four vehicles linked to the incident: two vans, a concrete mixer and a pickup truck used to transport concrete pipes.

The two vans were found to have travelled from Bangkok. Police have summoned people associated with both vehicles to provide statements as witnesses.

The concrete truck driver told police that his employer had received an order to carry out work at the site and that he believed the concrete was being poured to facilitate traffic. Police will also question the business owner.

The person associated with the pickup truck has been identified and was scheduled to meet investigators later on Friday.

The summons for Ms Da was sent to her registered address in Bangkok. She has 15 days to report to investigators.

Ms Da, a granddaughter of Hiang Phimsri, runs a real estate business in Bangkok with her husband. Her knowledge of property matters led the family to appoint her to lead the fight to reclaim the land from the temple.

A concrete mixer and pipes are placed at an entrance of the temple on Monday, as heirs of the land donor attempt to block all access. (Photo: Chakkrapan Natanri)