Civil Code

If there are customs that differ from the provisions of the preceding three Articles, those customs prevail.

Boundary markers, fences, walls, channels and moats installed on boundary lines are presumed to be co-owned by the neighbors.

The provisions of the preceding Article do not apply to a wall on a boundary line that constitutes part of a building.

If the height of a wall that separates two neighboring buildings of different heights is higher than the height of the lower building, the preceding paragraph also applies with respect to that portion of that wall that is higher than the lower building; provided, however, that this does not apply to fire walls.

One of neighboring owners may raise the height of a co-owned wall; provided, however, that if the wall cannot withstand the construction work, the relevant owner must reinforce that wall as necessary or rebuild the same at the owner's own expense.

If the height of a wall is raised pursuant to the provisions of the preceding paragraph, the raised portion is owned solely by the owner that carried out the construction work.

In the cases provided for in the preceding Article, if a neighbor suffers damage, that neighbor may claim compensation for the same.

If a tree or bamboo branch from neighboring land crosses a boundary line, the landowner may have the owner of that tree or bamboo sever that branch.

In the case referred to in the preceding paragraph, if the tree or bamboo belongs to several co-owners, any of the co-owners may cut off the branch.

In the case referred to in paragraph (1), an owner of land may cut off the branch in the following cases:

if the owner of the tree or bamboo does not cut off the branch within a reasonable period of time despite receiving a notice requesting the owner to do so;

if identity of the owner of the tree or bamboo cannot be ascertained, or the owner's whereabouts cannot be ascertained;

if there are pressing circumstances.

If a tree or bamboo root from neighboring land crosses a boundary line, the owner of the land may sever that root.

In order to construct a building, the building must be distanced 50 centimeters or more away from the boundary line.

If a person attempts to construct a building in violation of the provisions of the preceding paragraph, the owner of the neighboring land may have the construction suspended or changed; provided, however, that if one year passes from the time when that construction started or if that building is completed, the owner may only claim for damages.

A person that installs a window or porch (including a veranda, the same applies in the following paragraph) at a distance of less than one meter from a boundary line allowing the observation of the residential land of another person must put up a privacy screen.

The distance referred to in the preceding paragraph is calculated by measuring the length of a straight line from the point on the window or porch closest to the neighboring land, to where it reaches the boundary line at a right angle.

If there are customs that differ from the provisions of the preceding two Articles, those customs prevail.

In order to dig a well, service water pit, sewage pit or compost pit, the same must be distanced two or more meters from the boundary line, and in order to dig a pond, cellar or human waste pit, the same must be distanced one or more meters from the boundary line.

In order to bury water pipes, or dig a channel or moat, the water pipes, channel or moat must be distanced from the boundary line by a measurement equivalent to at least half the depth of the water pipes, channel or moat; provided, however, that the distance is not required to be exceeding one meter.

When carrying out a construction referred to in the preceding Article near a boundary line, necessary care must be taken to ensure the prevention of landslides or leakages of water or contaminated liquids.

Ownership of movables without an owner are acquired by possessing the same with the intention to own.

Ownerless immovables belong to the national treasury.

If the owner of lost property is not identified within three months of the time when public notice is effected as prescribed by the Lost Property Act (Act No. 73 of 2006), the person who found the lost property acquires ownership of the same.

If the owner of a buried thing is not identified within six months of the time when public notice is effected as prescribed by the Lost Property Act, the finder acquires ownership of the same; provided, however, that with respect to a buried thing discovered inside a thing that belongs to another person, the finder and that other person acquire equally proportionate ownership of that buried thing.

The owner of immovables acquires ownership of a thing that has been attached thereto as its appurtenance; provided, however, that the rights of the other person that attached that thing by virtue of a title are not prejudiced.

If two or more movable properties with different owners can no longer be separated without damage due to accession, the ownership of the composite thing belongs to the owner of the principal movable property. The same applies if excessive expense is required to separate the movables.

If the distinction of principal and accessory cannot be made between the movables united by accession, the owner of each movable property co-owns the composite thing in proportion to the respective price current at the time of the accession.

The provisions of the preceding two Articles apply mutatis mutandis if the things of different owners are mixed together and can no longer be distinguished.

If a person (referred to as "processor" in this Article below) adds labor to another person's movables, the ownership of the processed thing belongs to the owner of the material; provided, however, that if the value derived from the work significantly exceeds the value of the material, the processor acquires ownership of the processed thing.

In the cases prescribed in the preceding paragraph, if the processor provides a portion of the materials, the processor acquires ownership of the processed thing only if the value of provided materials added to the value derived from the labor exceeds the value of the other person's materials.

If the ownership of a thing is extinguished pursuant to the provisions of Article 242 through the preceding Article, other rights existing on that thing are also extinguished.

In the cases prescribed in the preceding paragraph, if the owner of a thing has become the sole owner of the thing formed by accession or appurtenance, mixture or processing (referred to as "composite thing" in this paragraph below), other rights existing on that thing thereafter exist on the composite thing, and if the owner of the thing becomes a co-owner of the composite thing, other rights existing on that thing thereafter exist on that owner's interest in the same.

A person that suffers loss because of the application of the provisions of Article 242 through the preceding Article may demand compensation in accordance with the provisions of Article 703 and Article 704.

Each co-owner may use the entire property in co-ownership in proportion to each co-owner's interest.

Unless otherwise agreed, a co-owner who uses the property in co-ownership is obligated to reimburse other co-owners for the use of the property in co-ownership in excess of the co-owner's ownership share.

A co-owner must use the property in co-ownership with the due care of a prudent manager.

Each co-owner's interest is presumed to be equal.

No co-owner may make changes (excluding those that do not involve extreme changes to the shape or function; the same applies in the following paragraph) to the property in co-ownership without the consent of the other co-owners.

If a co-owner is unable to ascertain the identity of another co-owner or their whereabouts, the court may, at the request of the co-owner, render a judicial decision to the effect that changes may be made to the property in co-ownership with the consent of the co-owners other than the other co-owner in question.

Particulars regarding the management of property in co-ownership (including the appointment and dismissal of a manager of the property in co-ownership prescribed in paragraph (1) of the following Article, and excluding those that make any changes prescribed in paragraph (1) of the preceding Article to the property in co-ownership; the same applies in the following paragraph) are decided by a majority according to the value of the ownership shares of the co-owners. The same applies when there are co-owners who use the property in co-ownership.

In any of the following cases, the court, upon the request of a co-owner other than another co-owner listed in the respective items, may render a judicial decision to the effect that particulars regarding the management of property in co-ownership may be decided by a majority according to the value of the ownership shares of the co-owners other than the relevant other co-owner in question:

when a co-owner is unable to ascertain the identity of another co-owner or their whereabouts;

when a co-owner has given notice to another co-owner requesting them to clarify whether they are in favor of or against the idea of deciding on particulars regarding the management of property in co-ownership within a reasonable period of time, and the other co-owner in question does not clarify whether they are in favor of or against within that period of time.

If the decision under the preceding two paragraphs should have a special effect on any co-owner who uses the property in co-ownership based on a decision among co-owners, their consent must be obtained.

Pursuant to the provisions of the preceding three paragraphs, co-owners may establish on the co-owned property the leases or other rights to use or earn profit listed in the following items (referred to as "right of lease, etc." in this paragraph below) that do not exceed the period of time specified in the relevant items:

right of lease, etc. of forest for the purpose of planting or felling trees:10 years;

right of lease, etc. for land other than the leases stated in the preceding item:5 years;

right of lease, etc. of a building:3 years;

right of lease, etc. of movables:6 months.

Notwithstanding the provisions of the preceding paragraphs, each co-owner may perform acts of preservation.