Book2 Chapter03 Title01

JAPANESE CIVIL CODE OF 1896

• Based on the English Translation by: J. E. de Becker (1909 – 1910). Annotated Civil Code of Japan. London: Butterworth & Co. [Available on Google Books and Archive.org: Volume 1, Volume 2, Volume 3, Volume 4]
• "INDEX TO ARTICLES" in his another work offers additional information: J. E. de Becker (1921). The Principles and Practice of Civil Code of Japan. London: Butterworth & Co. [Available on Archive.org]

• Original Version in Japanese.

BOOK II. REAL RIGHTS.

Chapter III. Ownership.

Title I. Extent of Ownership.

Article 206.

• An owner has the right of freely using, receiving the profits of, and disposing of the thing owned within the restrictions of laws and ordinances.

《References by de Becker》

• (Vide Art. 903 of the German Civil Code.)

Article 207.

• The ownership of land, within the restrictions of laws and ordinances, extends above and under the surface.

《References by de Becker》

• (In reference vide Art. 206; also Art. 905 of the German Civil Code.)

Article 208.

• [I] When several persons each own a portion of a building divided into parts, the parts in common use of the building and its accessories are presumed to be jointly owned by them.
• [II] The expenses of repairing and other charges for the parts in common use are shared proportionately according to the value of the portion owned by each.

《References by de Becker》

• (In reference vide Arts. 249-262.)

Article 209.

• [I] The owner of land can demand the use of adjacent land within the limits necessary for constructing or repairing fences and walls or buildings on or near the boundary; but he cannot enter the dwelling house of an adjacent owner unless with the latter's consent.
• [II] In the case of the preceding Paragraph, if the adjacent owner has sustained damages, he can claim compensation.

《References by de Becker》

• (In reference vide Art. 206.)

Article 210.

• [I] When a piece of land is surrounded by other land and so has no passage to the public road, the owner of such land may pass over the surrounding land in order to reach the public road.
• [II] The same applies when there is no outward passage except by a pond, marsh, river, canal, or sea or ocean, or when there is a considerable difference in height between the land and the public road on account of a cliff or bank.

《References by de Becker》

• (In reference vide Arts. 211, 212, and 213; also Art. 917 (1) of the German Civil Code.)

Article 211.

• [I] In the case of the preceding Article the place and method of passage must be so chosen as to meet the needs of the person who is entitled to the right of passage and yet cause as little damage as possible to the surrounding land.
• [II] The person who has the right of passage may construct a road when it is necessary.

《References by de Becker》

• (Vide Art. 917 (1) of the German Civil Code.)

Article 212.

• The person who is entitled to the right of passage must pay compensation for any injury caused to the land passed over. But the compensation can be paid annually excepting that for the damages caused by the construction of the road.

《References by de Becker》

• (Vide Art. 917 (2) of the German Civil Code.)

Article 213.

• [I] When, in consequence of partition, a plot of land comes into being which has no passage to the public road, the owner of such piece of land may pass to the public road only through the piece of land owned by the other co-partitioners. In this case he need not pay any compensation.
• [II] The provisions of the preceding Paragraph apply correspondingly when the owner of a piece of land has assigned a part thereof.

《References by de Becker》

• (In reference vide Art 210; also Art. 918 of the German Civil Code.)

Article 214.

• The owner of land cannot prevent water from naturally flowing in from adjacent land.

《References by de Becker》

• (In reference vide Art. 218.)

Article 215.

• When the course of water is obstructed upon a lower piece of land by accident, the owner of the higher land may, at his own expense, construct works necessary for its discharge.

《References by de Becker》

• (In reference vide Arts. 216 and 217.)

Article 216.

• When owing to the rupture or obstruction of works constructed on "A" piece of land for collecting, draining, or conducting water, damage has been caused or is in danger of being caused to "B" piece of land, the owner of "B" piece of land can cause the owner of "A" piece of land to make repairs or drain off the water or to construct preventative works if necessary.

《References by de Becker》

• (In reference vide Art. 217; also Art. 908 of the German Civil Code.)

Article 217.

• In the case of the preceding two Articles, when there is a special custom with regard to the incidence of expenses such custom is followed.

《References by de Becker》

• (In reference vide Arts. 215 and 216.)

Article 218.

• The owner of land cannot construct roofs or other structures which cause rain water to fall directly upon adjacent land.

《References by de Becker》

• (In reference vide Art. 214.)

Article 219.

• [I] The owner of the bed of a canal or other water course cannot change the course of water or the width of the bed when the land on the opposite shore belongs to another person.
• [II] When the land on both shores belongs to the owner of the bed of the watercourse, he can change the course of water or the width, but the water must be restored to its natural course at its lower mouth.
• [III] If there is a custom different from the provisions of the preceding two Paragraphs, such custom is to be followed.

《References by de Becker》

• (none)

Article 220.

• The owner of higher land may conduct water through lower land for the purpose of draining land under water (marsh land) or of discharging superfluous water in household, agricultural or industrial use until it reaches a public highway, a public stream, or a drain, but he must so select the place and method as to cause the least possible damage to the lower piece of land.

《References by de Becker》

• (In reference vide Arts. 214 and 218.)

Article 221.

• [I] The owner of a piece of land can, for the purpose of conducting the water on his land, use the works constructed by the owner of a higher or lower piece of land.
• [II] In the case of the preceding Paragraph, a person who uses the works of another person must bear the expenses of their construction and preservation in proportion to the benefit he derives therefrom.

《References by de Becker》

• (In reference vide Arts. 220 and 214.)

Article 222.

• [I] The owner of the bed of a watercourse may, when it is necessary to construct a dam, rest the dam on the opposite shore, but he must pay compensation for any damages which may arise in consequence.
• [II] The owner of the opposite shore may use the said dam when a part of the bed of the water course belongs to him, but he must bear a share of the expenses in accordance with the provisions of the preceding Article.

《References by de Becker》

• (In reference vide Art. 219.)

Article 223.

• The owner of a piece of land may, at the joint expense of himself and the owner of the adjacent land, construct a thing indicating the boundary.

《References by de Becker》

• (In reference vide Art. 242; also Art. 919 (1) of the German Civil Code.)

Article 224.

• The expenses of constructing and pre serving the boundary marks are to be borne in equal shares by adjacent owners , but the expenses of measurement (survey) are to be borne in shares proportionate to the extent of the area of each piece of land.

《References by de Becker》

• (Vide Art. 919 (3) of the German Civil Code.)

Article 225.

• [I] When two buildings belonging to different owners are separated by a piece of unoccupied land, either owner can construct a fence on the boundary line at the common expense of both owners.
• [II] When the parties concerned cannot come to an agreement, the fence of the preceding Article shall be of wood or bamboo and six shaku (feet) in height.

《References by de Becker》

• (In reference vide Arts. 226-228.)

Article 226.

• The expenses of constructing and preserving the fence are to be borne in equal shares by the adjacent owners.

《References by de Becker》

• (In reference vide Art. 228; also Art. 922 of the German Civil Code.)

Article 227.

• One of the adjacent owners may construct a fence of a better material or of a greater height than fixed in Paragraph 2 of Art. 225, but he must bear the consequent increase of expense.

《References by de Becker》

• (In reference vide Art. 228.)

Article 228.

• When there is a custom differing from the provisions of the preceding three Articles, such custom is to be followed.

《References by de Becker》

• (In reference vide Arts. 225-227.)

Article 229.

• The boundary marks, fences, walls and ditches constructed on the boundary line are presumed to belong in common to the adjacent owners.

《References by de Becker》

• (In reference vide Art. 230; also Art. 921 of the German Civil Code.)

Article 230.

• [I] The provisions of the preceding Article do not apply to a wall which stands on a boundary line and which forms a part of one of the buildings.
• [II] The same rule applies to that part of a wall between two buildings of unequal height which rises above (overtops) the lower building. But this does not apply to walls built for the prevention of fire.

《References by de Becker》

• (In reference vide Art. 229 ; also Art. 921 of the German Civil Code.)

Article 231.

• [I] One of the adjacent owners may increase the height of the wall jointly owned, but if the wall cannot support the strain of the superstructure he must strengthen or re-construct the wall at his own expense.
• [II] The additional part of the wall increased in height in accordance with the preceding Paragraph is exclusively owned by the person who has constructed it.

《References by de Becker》

• (In reference vide Arts. 229 and 232.)

Article 232.

• In case of the preceding Article, when the adjacent owner has suffered damage he can demand compensation.

《References by de Becker》

• (In reference vide Art. 231.)

Article 233.

• [I] When the branches of trees and bamboos on adjacent land encroach over the boundary line, the owner of such trees and bamboos can be caused to lop off the branches.
• [II] When the roots of trees and bamboos on adjacent land encroach across the boundary line they can be cut off.

《References by de Becker》

• (Vide Art. 910 of the German Civil Code)

Article 234.

• [I] In constructing a building, a distance of at least one shaku five sun (eighteen inches) must be left from the boundary line.
• [II] When any person is about to construct a building contrary to the provisions of the preceding Paragraph, the owner of the adjacent land may cause him to abandon or modify the construction; but after one year has elapsed from the commencement of the construction, or after the building is finished, only compensation for damages can be demanded.

《References by de Becker》

• (In reference vide Arts. 201 and 236; also Art. 907 of the German Civil Code.)

Article 235.

• [I] Any person who constructs at a distance of less than three shaku (feet) from the boundary line a window or a verandah which overlooks the grounds of another person must attach a screen (mekakushi) thereto.
• [II] The distance of the preceding Paragraph is measured from that point of the window or verandah which is nearest to the adjacent land in a straight line to the boundary line.

《References by de Becker》

• (In reference vide Art. 236; also Art. 912 (1) of the German Civil Code.)

Article 236.

• When there are customs different from the provisions of the preceding two Articles such customs are to be followed.

《References by de Becker》

• (In reference vide Arts. 234 and 235.)

Article 237.

• [I] In digging a well , a cistern, a cesspool, or a receptacle for manure , a distance of at least six shaku must be left from the boundary line, and in digging a pond, a cellar or a water-closet vault, at least three shaku.
• [II] In laying waterpipes under ground or digging ditches, a distance of at least one half of its depth must be left from the boundary line ; but it need not exceed three shaku.

《References by de Becker》

• (In reference vide Art. 238; also Art. 909 of the German Civil Code.)

Article 238.

• When the works of the preceding Article are made in the neighbourhood of a boundary line, necessary precautions must be taken in order to prevent the collapse of earth and sand or the infiltration of water or filthy liquids.

《References by de Becker》

• (Vide Art. 909 of the German Civil Code.)