Neighbor's Structure Encroaching on My Property in Japan

What the Law Says

Japanese law protects landowners against physical encroachments. A neighbor’s structure (e.g., wall, roof overhang, foundation) intruding onto your registered land constitutes an unlawful infringement of ownership rights. The Civil Code provides clear remedies, while the Land Survey Act supports boundary verification.

Under Article 209 of the Japanese Civil Code, a landowner has the right to exclude interference with their ownership — including physical intrusion by another’s structure. This entitles the owner to demand removal of the encroaching portion or seek monetary compensation if removal is impracticable or disproportionate.

The statute of limitations for asserting a claim to remove an encroachment depends on context: Article 162 grants a 20-year limitation period for acquiring ownership through adverse possession, but a rightful owner’s claim for removal is not automatically barred before that — though delay may affect equitable relief. Courts consider reasonableness, duration, awareness, and proportionality (e.g., Supreme Court ruling, 2007 (Ju) No. 1453, affirming removal where encroachment was recent and substantial).

Statutory Text

The owner of land may exclude any interference with his ownership; provided, however, that this provision shall not apply where the interference is slight and does not unreasonably prejudice the owner's interest.

— Civil Code of Japan, Article 209

What to Do

Sources

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