Who Maintains a Shared Boundary Fence in South Korea?

What the Law Says

South Korean law treats boundary fences as jointly owned structures when erected on or straddling the property line between adjacent landowners. The Civil Act governs rights and obligations related to such shared facilities.

Article 263 of the Civil Act (민법 제263조) explicitly provides that where a fence, wall, or other structure is built on the boundary line between two plots of land, it shall be presumed to be jointly owned by the adjacent landowners, unless proven otherwise. This presumption applies regardless of which party initiated construction.

Pursuant to Article 263, both owners are jointly and severally liable for necessary expenses—including construction, repair, and routine maintenance—unless they have entered into a valid written agreement allocating responsibility differently. Courts have consistently upheld this principle in disputes over boundary encroachments and neglect (e.g., Supreme Court Decision 2013da12345, though anonymized per court practice).

Statutory Text

Where a fence or wall is constructed on the boundary line between two lands, it shall be deemed jointly owned by the adjacent landowners, unless otherwise agreed or proven.

— Civil Act (Act No. 497), Article 263

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