What is right of way for enclosed land?

What the Law Says

Japan’s Civil Code grants a mandatory right of way for landlocked (enclosed) landowners to cross adjacent land to reach a public road.

If a piece of land has no direct access to a public road — meaning it is completely surrounded by other private lands — the owner has a legal right to establish a passage across neighboring land. This is called the 'right of way for enclosed land'.

The right arises automatically by law; no agreement or prior permission from the neighboring landowner is needed. However, the enclosed landowner must choose the route that causes the least damage to the neighboring land and must pay a reasonable fee to the neighbor for the use.

This right exists only to reach a public road — not for convenience, commercial access, or access to private roads. It also does not apply if the enclosure was caused by the landowner’s own actions (e.g., dividing their own land in a way that left one parcel landlocked).

Statutory Text

The owner of land which is enclosed by other land and has no access to a public road may pass through the other land to reach a public road.

— Civil Code, s. 210 — Right of Way for Enclosed Land

Statutory Text

In such case, the owner of the enclosed land shall pay a reasonable fee to the owner of the land through which passage is made.

— Civil Code, s. 210 — Right of Way for Enclosed Land

What to Do

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