Can I Cut Overhanging Tree Branches in South Korea?

What the Law Says

South Korean law recognizes a landowner’s right to manage encroachments from neighboring vegetation, subject to strict limits to prevent disputes and preserve neighborly relations.

Under Article 215 of the Civil Act (민법 제215조), a landowner may request the owner of an adjacent property to cut branches or roots that overhang or intrude across the boundary line. If the owner refuses or fails to act within a reasonable period, the affected landowner may cut the overhanging parts themselves—but only up to the property boundary line.

Crucially, this right does not extend to entering the neighbor’s land, damaging the trunk or main root system, or cutting branches that do not physically cross the boundary. Doing so may constitute trespass (Criminal Act Art. 319) or property damage (Criminal Act Art. 366), and expose the trimmer to civil liability for compensation (Civil Act Art. 750).

Statutory Text

If branches or roots of trees planted on adjacent land extend over the boundary line, the owner of the land upon which they extend may request the owner of the adjacent land to cut them; if such request is refused or neglected, the owner may cut them himself.

— Civil Act (Act No. 494), Article 215

What to Do

Sources

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