Neighbor's branches extend into my property. Can I cut?

up to boundary
Permitted trimming
no entry
No trespassing
no harm
Must avoid damage
Civil Code
Governing law
The Short Answer

Yes, you may cut branches that extend over your property line, but only up to the boundary — you cannot enter the neighbor’s land or damage the tree’s health.

What the Law Says

Japanese civil law allows landowners to remove encroachments from neighboring properties — including overhanging branches — under specific limits.

Under Article 233 of the Japanese Civil Code, a landowner may cut off tree branches or roots that extend onto their land from a neighbor’s property.

However, this right is limited: you may only cut up to the property boundary line. You must not enter the neighbor’s land to do so, and you must avoid causing harm to the tree’s health or stability.

The law does not require you to notify your neighbor before trimming, but doing so can prevent disputes. You also cannot keep or use the cut branches without permission — they remain the neighbor’s property.

Statutory Text

A landowner may cut off the branches or roots of trees extending from adjacent land onto his/her land.

Civil Code of Japan, Art. 233 — Right to cut off branches and roots

What to Do

1

Confirm the exact property boundary using official land survey records or a licensed surveyor.

2

Trim only the portions of branches that cross the boundary — do not cut into the trunk or damage the tree’s structure.

3

Do not enter your neighbor’s land or use tools that risk harming the tree (e.g., heavy pruning, poison, or root severing beyond the boundary).

4

Offer the cut branches back to your neighbor — while not legally required, it supports good neighbor relations.

5

If your neighbor objects or threatens legal action, consider consulting a lawyer or local municipal mediation center (chōson chōsa iinkai).

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.