Revision of the rules for cutting cross-border branches

• The rules for cross-border bamboo trees have been revised!
• FAQs
• Introduction of consultation

　Anyone can investigate the landowner by obtaining a real estate registration certificate through the Legal Affairs Bureau window or the Internet on their own. In addition, it is also effective to conduct interviews, as there is a possibility that Neighborhood Association Neighborhood Associations and neighbors know the information. If you need an heir survey, please consult a lawyer or other professional.

Legal Affairs Bureau Various Certificate Request Procedures (External Sites) (External Sites)

　The “appropriate period” in 1 above is the purpose of giving the time required to cut off cross-border branches, and depending on the case, it is basically considered to be about two weeks.

　After notifying the landowner of the purpose, date and time, place and method of use in advance, it is possible to use the adjacent land to the extent necessary to cut out the cross-border branch. In addition, this does not apply when it is difficult to notify in advance (when the landowner is unspecified or is unknown, when there is an urgent situation, etc.). (Article 209 of the revised Civil Code)

"Housing land ownership" (Revised by the Civil Code in April 2023) (PDF: 116KB)

※Excerpts from the 2021 revision of the Civil Code and Real Estate Registration Act and the points of the Inherited Land National Treasury Attribution Law (Ministry of Justice)

　Basically, based on the fact that the branches cross the border and infringe land ownership, and that the landowner cuts out the branches and escapes the obligation of the owner of the bamboo tree to remove the branches originally bears, It is possible to charge the owner of the bamboo tree. (Articles 703 and 709 of the Civil Code)

　Branches of trees that have crossed borders will also be property of the next landowner, so the city cannot cut branches that crossed. This rule revision means that the "owner of cross-border land" cuts branches if appropriate procedures are taken. Since it will be a civil matter (neighborhood relationship), please make a solution based on discussions between the parties and a solution based on the law.

　If you follow the appropriate steps, you can respond by yourself, but you may cut too much branches more than necessary or cause unexpected trouble with the owner of bamboo tree, so consult a lawyer, judicial scrivener, etc. We recommend that you proceed.