South Korea

What is a statutory surface right?

Art. 268
Civil Act article
No consent
Required?
Public use
Primary purpose
Compensation
May be claimed
The Short Answer

A statutory surface right is a legal right to use the surface of land owned by another person, created automatically by law—not by agreement—when certain conditions are met, such as for utility installations or public infrastructure.

What the Law Says

Under South Korean law, a statutory surface right arises not from contract but directly from statute when specific public or infrastructural needs require surface use of another’s land.

A statutory surface right (법정지상권) is established by operation of law—not by agreement—when a building or structure is erected on land owned by another person under circumstances defined in the Civil Act.

It most commonly applies when public utilities (e.g., power lines, pipelines, telecom cables) or government infrastructure must cross or occupy the surface of privately owned land.

Unlike a contractual surface right, no consent from the landowner is required, but the beneficiary may be obligated to pay reasonable compensation for the use.

Statutory Text

Where a building or other structure is constructed on land owned by another person in accordance with laws and regulations, a surface right shall arise by operation of law.

— Civil Act, Art. 268 — Statutory Surface Right

What to Do

1

Confirm whether the structure or use falls under laws or regulations triggering Art. 268 (e.g., Electricity Business Act, National Land Planning and Utilization Act).

2

Notify the landowner in writing of the statutory surface right’s existence and intended scope.

3

Negotiate or, if necessary, petition the court for determination of reasonable compensation under Art. 268 and related provisions.

4

Register the statutory surface right with the competent Legal Affairs Bureau to ensure enforceability against third parties.

Sources

statuteCivil Act, Art. 268 — Statutory Surface Right

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.