What is an easement? Can I use others' land?

What the Law Says

Japanese law defines and regulates easements under the Civil Code. An easement grants a limited, non-possessory right to use another’s land for a defined purpose — but it does not transfer ownership or general usage rights.

An easement (‘servitude’ in some translations) is established under Article 280 of the Civil Code: it allows the owner of one piece of land (the dominant tenement) to use another’s land (the servient tenement) for a specific, continuous, and beneficial purpose — such as passage, drainage, or utility lines.

To be enforceable against third parties (e.g., future owners), an easement must be registered under the Real Property Registration Law. Unregistered easements may exist between parties by agreement but lack full legal protection.

Article 283 lists how easements may be created: by law, by juridical act (e.g., contract or will), or by prescription (long-term, open, and peaceful use for 20 years). However, prescription-based easements still require registration to be effective against third parties.

Article 289 states that an easement terminates if the dominant and servient lands come under the same ownership, if the purpose becomes impossible or unnecessary, or if both parties agree to extinguish it.

Statutory Text

An easement is a right to use the immovable property of another person for the benefit of one’s own immovable property.

— Civil Code, Art. 280 — Definition of easement

Statutory Text

An easement may be established by law, by juridical act or by prescription.

— Civil Code, Art. 283 — Establishment of easements

Statutory Text

An easement is extinguished when the dominant and servient estates become owned by the same person; when the purpose of the easement becomes impossible or unnecessary; or when the parties agree to extinguish it.

— Civil Code, Art. 289 — Extinguishment of easements

What to Do

Sources