“This is my land, I can do whatever I want in my own land…” Whoever have the same thought, we’d like you to read this article first.
It is true that if you are a landowner, you have a right to do whatever you want in your own land as long as it doesn’t cross your property line. We’re talking about a tree that is planted in your land, but its branches extend beyond your property. In this case, your neighbor has a right to do under Civil and Commercial Code as follows:
“The owner of a land shall cut off roots of a tree encroaching from the adjoining land, but shall keep a tree branch(es) and inform the owner of the tree. However, if he/she doesn’t take any action, the landowner shall cut off the overhanging branches”
This statement means an injured party shall inform a tree owner to trim/cut its branch(es) before they cause further damage. If the owner of the tree still doesn’t take any action, the injured party shall trim/cut the encroaching tree limbs and claim for compensation as specifies in the law.
In terms of fruits, the fruits falling naturally upon adjoining land are presumed to be fruits of such land. Moreover, the owner of the adjoining land must not pick the fruits even if the tree is in his/her land or else he/she shall be deemed as committing an offense and shall be punished according to the law.
Credit: News & Announcement, Ministry of Justice official website