{"id":56371,"date":"2025-10-17T08:00:04","date_gmt":"2025-10-16T23:00:04","guid":{"rendered":"https:\/\/norimen.net\/?p=56371"},"modified":"2025-10-15T20:02:58","modified_gmt":"2025-10-15T11:02:58","slug":"whats-yours-is-mine-even-the-scaffolding-on-the-neighboring-lot-is-mine","status":"publish","type":"post","link":"https:\/\/norimen.net\/en\/%e3%81%8a%e5%89%8d%e3%81%ae%e3%82%82%e3%81%ae%e3%81%af%e3%81%8a%e3%82%8c%e3%81%ae%e3%82%82%e3%81%ae%ef%bc%81%e9%9a%a3%e5%9c%b0%e3%81%ae%e8%b6%b3%e5%a0%b4%e3%82%82%e3%81%8a%e3%82%8c%e3%81%ae%e3%82%82\/","title":{"rendered":"What's yours is mine! Does that mean the scaffolding on the neighboring lot is mine too? (From the God of Construction)"},"content":{"rendered":"

\"The<\/p>\n

Bears in Residential Areas and Property Rights; Scaffolding on Neighboring Properties and Property Rights<\/h2>\n

I often see scary news reports about bears appearing in residential areas. If you were about to be attacked by a bear and, while fleeing, ended up damaging the fence of someone else\u2019s house, you would be exempt from punishment under Article 37 of the Penal Code if it were recognized that you had no choice but to do so to avoid a threat to your life, \u201cEmergency Evacuation<\/strong>\"may apply. Emergency avoidance refers to,An act of infringing on the rights of others out of necessity to protect oneself from an immediate danger<\/strong>This refers to a legal system under which certain acts that infringe on property rights are not punishable.<\/p>\n

Another measure aimed at reconciling this with ownership rights is \u201cRight to Use Adjacent Land<\/strong>\"Emergency Evacuation\" is intended to avert a threat to life or physical safety, whereas \"the right to use adjacent land\" is established to promote the effective use of land. Using adjacent land without permission constitutes an infringement of a neighbor's property rights.<\/p>\n

However, if it were absolutely prohibited to use adjacent land without the neighbor\u2019s consent, there would be cases where construction projects would have to be abandoned, hindering the effective use of land\u2014which could be considered a social loss. Therefore, the law recognizes the right to use adjacent land as a balance to property rights.<\/p>\n

<\/div>\n

Reiwa 5: Amendments to the Right to Use Adjacent Land<\/h2>\n

Effective April 1, Reiwa 5, the provisions of the Civil Code regarding the right to use adjacent land have been amended.<\/p>\n

Article 209 of the Civil Code (Request for Use of Adjacent Land)<\/b><\/p>\n

A landowner may use adjacent land to the extent necessary for the purposes listed below. However, with regard to dwellings, the landowner may not enter them without the consent of the residents.
\nI. Construction, Removal, or Repair of Barriers, Buildings, or Other Structures on or Near a Boundary
\n(2) Survey of boundary markers or surveying related to boundaries
\nIII. (Omitted)
\n\u2461 (omitted)
\n(3) Any person who uses an adjacent lot pursuant to the provisions of paragraph (1) must notify the owner and any other user of the adjacent lot in advance of the purpose, date, time, location, and method of such use. (The remainder is omitted.)<\/p><\/blockquote>\n

Compared to the pre-amendment provision, which stated that \u201cone may request the use of an adjacent lot owned by another person,\u201d the amended provision stipulates that \u201cone may use an adjacent lot,\u201d thereby clarifying the right.<\/p>\n

Furthermore, Paragraph 3 of the same article states, \u201cThe owner and user of the adjacent land must be notified of the purpose, date, time, location, and method.\u201d While this could be interpreted to mean that entering the adjacent land is permitted as long as written notice is provided, that is not the case. Consent is still required, and without it, the matter must be brought before a court.<\/p>\n

While you may be \u201callowed to use\u201d the adjacent property for construction work, even if you have the right to use it under the Civil Code, using it without the owner\u2019s consent is not permitted as a form of self-help.<\/p>\n

Self-help<\/b><\/h3>\n

Self-help refers to a situation where a rights holder enforces their rights by force without going through legal procedures. For example, even if you find a stolen bicycle in another apartment building\u2019s bike parking area, you are prohibited from retrieving it on your own. Remedies for rights infringements should be sought through public institutions such as the courts, and self-help is, in principle, prohibited. If your request for the right to use an adjacent property is denied, entering that property without permission and beginning construction constitutes self-help. If the owner of the adjacent property does not consent, you will still need to go to court. However, in ordinary court proceedings, it can take years for a judgment to become final. In cases where damage would occur unless construction begins immediately, you can file a petition for a preliminary injunction. As the term \u201cprovisional\u201d suggests, this is a system designed to issue temporary orders within a short period\u2014ranging from a few days to a few weeks\u2014in cases of urgent necessity. After a provisional injunction is issued, the case proceeds through the regular court proceedings.<\/span><\/h3>\n

\"The<\/p>\n

The Existence of a Proviso Regarding \u201cResidences\u201d<\/h2>\n

Article 209, Paragraph 1 of the Civil Code states in its proviso: \u201cHowever, one may not enter a neighbor\u2019s dwelling without the neighbor\u2019s consent.\u201d There is a case in which this proviso was used to deny a claim for the right to use adjacent land. The details of the case are as follows.<\/p>\n