JapanRight to use neighboring land - extent?
In Japan, the right to use neighboring land is strictly limited and generally requires consent or a court order; it does not arise automatically, even for essential access or construction.
What the Law Says
Japanese law does not grant a general right to use neighboring land without permission. Limited exceptions exist under strict conditions, primarily governed by the Civil Code.
The Civil Code of Japan sets out narrow circumstances where use of another’s land may be permitted. Article 210 allows a landowner to request use of adjacent land only if it is 'necessary' for construction, repair, or maintenance of structures on their own land — and only when no other reasonable alternative exists.
Even then, the use must be temporary, minimal in scope, and subject to compensation for any damage caused. The neighboring landowner’s written consent is required unless a court grants permission after confirming necessity and fairness.
Importantly, there is no implied or customary right of access, passage, or support across neighboring land — unlike some common law doctrines such as easements by necessity. All such rights must be expressly agreed upon or judicially authorized.
Statutory TextIf the construction, repair or maintenance of a building or other work on one's own land necessitates the use of adjacent land, the owner of the land on which the building or work is situated may use the adjacent land to the extent necessary for such purpose.
— Civil Code of Japan, Art. 210 — Use of Adjacent Land
Statutory TextIn the case provided for in the preceding paragraph, the owner of the land on which the building or work is situated shall compensate the owner of the adjacent land for any damage caused thereby.
— Civil Code of Japan, Art. 210 — Use of Adjacent Land
What to Do
Obtain written consent from the neighboring landowner before entering or using their land.
If consent is refused but use is truly necessary (e.g., no alternative access for essential repairs), file a petition with the district court under Civil Code Art. 210.
Document the necessity (e.g., photos, engineer’s report) and prepare to pay full compensation for any damage or inconvenience.
Never enter or use neighboring land without consent or a court order — doing so may constitute trespass or unlawful occupation under the Penal Code.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.