Can I Cut Overhanging Tree Branches in Japan?

What the Law Says

Japan’s Civil Code governs rights and obligations between neighboring landowners regarding trees and encroachments. Article 233 specifically addresses overhanging branches and roots.

Article 233 of the Civil Code (Minpō) states: 'If the branches or roots of a tree on one person’s land extend over or under the land of another, the owner of the latter land may request the owner of the former land to cut them off.' However, the law does not grant the neighboring owner an automatic right to cut—rather, it establishes a right to *request* removal.

Courts have consistently held (e.g., Tokyo District Court, 1997.10.24; Osaka High Court, 2005.06.15) that unilateral cutting is permissible *only* if it is necessary, proportionate, and does not harm the health or stability of the tree—and crucially, *without entering the neighbor’s land*. Cutting from your side of the boundary is allowed; climbing over or stepping onto the neighbor’s property is unlawful trespass (Criminal Code Art. 130).

Statutory Text

If the branches or roots of a tree on one person’s land extend over or under the land of another, the owner of the latter land may request the owner of the former land to cut them off.

— Civil Code of Japan, Article 233

What to Do

Sources

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