The rules of Article 233 of the Civil Code will change in April 2023.
We have been receiving an increasing number of consultations regarding tree crossing (cross-boundary damage) problems from people who have received notices from the prefecture or city regarding branches and trees that have crossed the boundary from neighboring properties.
The following is a summary of the amendment to Article 233 of the Civil Code.
Article 233 of the Civil Code before the amendment
When a branch of a bamboo tree on the adjacent land crosses the boundary line, the owner of the bamboo tree may have the branch cut off.
When the roots of a bamboo tree on an adjoining land cross the boundary line, the owner of the bamboo tree may have the roots cut off.
In the present regulation, the owner of the tree can have the branch removed. However, there are many places where the owner of the forest land is unknown in the consultation of the cross-boundary trouble of the tree, or it is not easily agreed and left even if it asks to have the branch cut.
The root is connected with the trunk and the branch of the tree, and if the root is cut without reason, the branch may die and the tree itself may weaken though the law says that the root can be cut when crossing the boundary line. I wondered why roots are allowed to be cut in the first place, but I heard that it is a topic of discussion among lawyers when they study civil law.
I have actually asked a lawyer about the issue of cross-boundary problems with garden trees and trees within the blog before. From our perspective as landscapers, the act of cutting the roots is actually quite dangerous. The upper part of a tree (branches and trunk) and the lower part (roots) are like blood vessels in a human body, and we feel that it is similar to carelessly cutting those blood vessels. Cutting the roots can cause the branches to suddenly wither and weaken, so it is undesirable to do so carelessly.
However, when I asked my lawyer why it is possible to cut only the roots, he gave me the following answer.
Question 1: If I cut a root that is crossing the boundary and the tree dies as a result of the cutting of that root, may I be sued for damages or other compensation?
Answer: Normally, you would not be liable for damages, as this is allowed by law.
Q2: When cutting the roots, should we discuss and draw up a written agreement just in case?
Answer: You are not legally obligated to do so, but since it is on the adjoining land, you would be defending yourself if you did.
Question 3: In the first place, why is it allowed to cut the roots under the Civil Code?
Answer: As we used to talk about when I was taking exams, the branches of a tree are important (for its appearance).
We would like to accurately convey this to the client and neighboring landowners so that they can carry out tree pruning, trimming, and felling without any trouble.
Article 233 of the amended Civil Code, from around April 2023
(1) When a branch of a bamboo tree on the adjoining land crosses the boundary line, the owner of the land may have the owner of the bamboo tree cut the branch.
(2) In the case of the preceding paragraph, if the bamboo tree belongs to the co-ownership of several persons, each co-owner may have the branches cut off.
(2) In the case of paragraph 1, the owner of the land may have the branches cut off in the following cases (i) when the owner of the bamboo tree does not cut off the branch within a reasonable period of time in spite of a notice to the owner of the bamboo tree to cut off the branch
(ii) When the owner of the bamboo tree cannot be known or his/her whereabouts cannot be ascertained.
(iii) When there are urgent circumstances.
When the roots of a bamboo tree on an adjoining lot cross the boundary line, the roots may be cut off.
1 and 4 are the same as the former law, but 2.3 is newly added.
2. In the case of the preceding paragraph, if a bamboo tree belongs to several co-owners, each co-owner may cut off its branches.
The major change here is that under the old law, when there are multiple owners of a bamboo tree, all co-owners had to be confirmed, but under the new revision, it is possible to cut off the branches if even one of the co-owners consents.
In fact, at a site we have dealt with, the person on the side where the tree crossed the boundary consulted with the person on the adjoining lot. At that time, there were no co-owners and we were able to obtain the consent of one person to construct the tree, but originally, we would have had to obtain the consent of the heirs or family members.
Under the revised law, if one co-owner gives consent, the homeowner on the overland side can remove the branch.
The revised law allows the homeowner on the overland side to remove a branch if one co-owner consents to the removal.
In addition, Paragraph 3 stipulates that when a branch of neighboring land that is equivalent to Paragraph 1 crosses over the boundary, if any of the following three conditions are met
The person on the side of the crossing can cut off the branch if any of the following three conditions are met.
Paragraph 3
(i) In the case of paragraph (1), the owner of the land may cut off the branch if any of the following applies (i) When the owner of the bamboo tree does not cut off the branch within a reasonable period of time in spite of a notice to the owner of the bamboo tree to cut off the branch.
(ii) When the owner of the bamboo tree cannot be known or his whereabouts cannot be ascertained.
(iii) When there are urgent circumstances.
(i) When the owner of the bamboo tree does not remove the branch within a reasonable period of time despite having notified the owner of the bamboo tree to remove the branch.
It is best to proceed smoothly in discussions with the neighbor, so I think it is important to have the bamboo tree owner understand the situation properly first, because forcing the situation to proceed just because the Civil Code has changed will cause trouble.
(ii) When the owner of the bamboo tree cannot be known or his/her whereabouts cannot be ascertained.
We have received some inquiries that the owner cannot be identified and the branches cannot be cut off.
(iii) When there are urgent circumstances.
When there are urgent circumstances, such as when a branch has broken or there is a fear of a falling tree, it will be possible to cut the branch. However, if you proceed without permission, it will become a source of trouble, so it is advisable to follow the appropriate procedures and confirm the situation before cutting off the branch.
It is advisable to cut off the branches after confirming the proper procedures.
At Pruner Empty, we are often consulted by both the owner of the tree and the person whose branches are crossing the border, and we try to be present at both sides of the border in order to make appropriate proposals.
We must not forget the tree's point of view: cutting branches may weaken and kill the tree itself, preservatives may need to be applied to the cut, and the timing of cutting off branches may also vary depending on the tree.
Article 233 of the revised Civil Code is scheduled to go into effect in April 2023, and we are receiving a considerable increase in the number of consultations regarding branch cutting and tree trimming. First of all, consulting with us in advance before an emergency situation arises will affect our work, so if you have any problems with overgrown trees, please feel free to contact us at Pruner Empty.
We are Pruner Sky, a pruning and felling specialist in Komono-cho, Mie Prefecture. We provide tree trimming and felling services in Yokkaichi, Suzuka, Kuwana, Kameyama, Tsu and surrounding areas.
Areas Served
Mie Prefecture Yokkaichi City Suzuka City Inabe City Kuwana City
Kameyama City Tsu City Komono-cho Tado-cho Toino-cho Asahi-cho (outside the coverage area of Tsu City)
Services
Pruning of garden trees, tree trimming, pruning of tall trees, special cutting, garden management for private residences, maintenance of gardens at shrines and temples, bamboo forest maintenance, forest maintenance, tree planting, weed prevention sheets, mowing of solar facilities, garden creation, lawn maintenance, gravel paving, garden management for vacant houses, green space management for condominiums, factories and other facilities
If you have any problems with your garden or trees, please contact Sora Pruner.
TEL 0120-284-163 8:00 a.m. to 6:00 p.m. Closed on Sundays
https://www.senteiyasora.com
2304-1 Sugitani, Komono-cho, Mie-gun, Mie-ken