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Real estate agent in Kagohara Kinokuni-shoji Co., Ltd.
Top page >> Real estate guide >> May I cut the branch which is crossing the border freely? |
May I cut the branch which is crossing the border freely?
If work of real estate is done, there is often a trouble about an adjoining land boundary.
The case which often exists is introduced this time.
"The branch of the next tree is going into ウチ. Since it is obstructive, may I cut a branch? "
Is often it?
If a branch only enters and a leaf and a wooly bear fall better, it is troublesome, and it is dangerous if a branch falls.
sunny worsens and is good -- it does not those[ with things ]-ま.
Since a branch is going into the land of ウチ freely, if you may cut freely?
The tree itself is the next thing. But is cutting freely unsavory?
Since it is a case which often exists, it is clearly specified by Civil Code as it is.
Article 233 of Civil Code
(Excision of the branch of a bamboo, and cutoff of a root)
When the branch of the bamboo of adjoining land exceeds a boundary line, the owner of the bamboo can be made to excise the branch.
In short, the branch which is crossing the border can be charged so that I may have you cut with responsibility over there.
Since it can only ask, it is useless if it cuts by itself.
It may claim damages, if the lower part is carried out.
However, a possibility [ of being dismissed as becoming it seeming that there is neither damage nor influence not much ] size (or [ the deer branch has not come out merely just for a moment, for example ]).
It is regarded as abuse of a right.
Since there are often such talks, it is the best if solvable by talks.
Let's discuss not a defiant manner but mutual something to say, and aim at a happy compromise.
a neighbor and 喧嘩て are also good things -- therefore -- ね.
But if the mutual talk is not settled, it cannot but appear in a legal device.
Since it is a "claim" that it can do here.
It appeals to a court in fact and judgment is got.
Based on the judgment, cutoff will get a branch from the third party and the cost will be exacted from a wooden owner.
In addition, Article 233 of Civil Code has the 2nd clause,
The root can be cut off when the root of the bamboo of adjoining land exceeds a boundary line.
It has become.
If a branch is cut freely, although it is useless, since the root may be cut, it is the shin.
It cannot be complained even if cut.
Although it can work if a branch does not go into a site over there, and there is, is it because a root is made at its site? [ no ]
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