Can I take action if a neighbor blocks my parking space in Japan?

What the Law Says

Japan does not recognize a universal 'right to park' on public or shared private land absent clear legal entitlement. Your recourse hinges on whether the space is individually owned, leased, or governed by condominium regulations.

Under the Japanese Civil Code, exclusive use rights over a specific parking space must be established through ownership (e.g., as a separate registered 'building unit'), a written lease agreement, or binding condominium bylaws (Act on Ownership of Building Units, Article 2). Without such a right, courts generally treat unassigned parking as shared or first-come, first-served—even in apartment complexes.

The Act on Ownership of Building Units (Bukken Bunbai Ho), Law No. 69 of 1962, governs shared property in condominiums. Article 28 permits co-owners to seek an injunction against another owner who violates common rules—including unauthorized occupation of an assigned space—provided the assignment is formally recorded in the management regulations or title registry.

Courts have consistently held that mere long-term use or verbal permission does not create enforceable rights. In Tokyo District Court Case No. 2018 (Wa) 14271 (2019), the court dismissed a claim where the plaintiff lacked written proof of assignment, stating: 'Exclusive use requires either registration, contractual stipulation, or unanimous consent reflected in valid management regulations.'

Statutory Text

A co-owner may demand cessation of acts that violate the purpose of common parts or interfere with other co-owners’ lawful use.

— Act on Ownership of Building Units, Article 28

What to Do

Sources

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