The Journal of the Siam Society Vol. LXIV, Part 1-2, 1976 - Khamkoo

I'ATTERNS OJI LAND OWNEHSHIP IN CENTRAL THAILA!';I> 253
the degree of rural poverty, basic questions beyond the competence of
the study. But it does provide evidence with important policy implications
that the rich and powerful have not been rapidly expanding their
relative share of the ownership of rural land in recent decades.
Landlords, Tenants and Encumbrances on Rural Land
According to traditional law land was the property of the King and
the peasants occupied and cultivated it by royal permission. The establishment
of a modern land titling system made it possible for the peasants
legally to alienate their land rights as security for loans.
The primary data in this study provide evidence relevant to the
conventional propositions that the rate of encumbrancing land bas been
accelerating and the consequences have been increasing loss of land and
a shifting of ownership to absentee landlords. Mortgages and khai fa ale,
the two types of encumbrances recognized by law, are considered together
because they are similar mechanisms for borrowing money on the
collateral of the land title.
The encumbrance of rural land, outstanding mortgages and khai
faak, as a percentage of total titled land area is presented in Table 3.
The practice of kiwi faak is substantially less significant than mortgaging
and has been declining since World War II. The extent of encumbrances
is slightly higher in Nakhon Patbom than Ayuthia, and there is no common
pattern of variation except for some evidence of a decline during
the last several decades. The depression increased the extent of encumbrances
on land in Ayutbia but the effect was delayed until 1940 in
Nakbon Pathom. The clear conclusion, contrary to the Burmo-Malthusian
model, is that encumbrances on land are both reversible and
decreasing
In additipn to encumbrances which are legally recorded.on the title
certificate, there is widespread use of the title certificate as security for
loans which are not registered or recognized at law. These "unregistered
mortgages" are prevalent in cases where the loan is small and of short
duration. The creditors, in these cases, have no legal rights to the land,
but their physical possession of the title deeds prevents the true owners