South Korea

Neighbor's Structure Encroaching on My Property in Korea

Art. 213
Civil Act (2023 revision)
3 years
Statute of limitations for removal claim (Art. 162)
100% of cost
Court may order encroacher to bear survey & removal costs
The Short Answer

You may demand removal under the Civil Act Art. 213, file a civil suit for injunction or damages, and request survey confirmation from the National Geographic Information Institute.

What the Law Says

South Korean law protects landowners from physical intrusion by neighboring structures. The Civil Act establishes the right to exclude others from one’s registered land, and courts recognize encroachment as an unlawful interference with property rights—even if unintentional.

Under Article 213 of the Civil Act, a landowner may demand the removal of any object unlawfully placed on their land, including walls, fences, foundations, or overhanging roofs. This right arises immediately upon encroachment, regardless of the neighbor’s intent or duration of occupation.

However, Article 162 limits the period to bring a claim for removal to three years from when the landowner becomes aware of the encroachment and the identity of the responsible party. After this period, courts may deny removal and instead award monetary compensation—unless the encroachment is ongoing or newly discovered.

Statutory Text

A person who has acquired ownership of land may demand the removal of any object placed thereon without lawful grounds.

— Civil Act, Article 213 (Act No. 494, as amended Apr. 17, 2023)

What to Do

1

Confirm boundaries via official cadastral map ("Jigye") from the National Geographic Information Institute (NGII) or local Si/Gun/Gu Office; request a certified survey if disputed.

2

Send a written notice (with delivery confirmation) demanding voluntary removal within a reasonable period (e.g., 30 days); retain proof of communication.

3

If unresolved, file a civil petition for injunction and removal at the competent District Court (based on defendant’s residence or location of land) under the Civil Procedure Act.

4

Consider mediation through the Legal Aid Corporation or local Community Dispute Mediation Committee (under the Alternative Dispute Resolution Act) to avoid litigation.

Sources

statuteCivil Act (Minpobeop)statuteReal Estate Registration Act (Budeung-san Geummul Jeunggi Beop)statuteAlternative Dispute Resolution Act (Choyak Jeongjae Chulban Beop)

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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: 2026-10-03.