Professionals for the real property registration system in Japan

In Japan, registered Land and Building Investigators and Shihoshosi lawyers are experts about real property registration system.

Shihoshosi lawyers are responsible for preparing documents related to the registration of real property rights, such as ownership transfer and mortgage.

Registered Land and Building Investigators are responsible for preparing documents necessary for the property description aspect of real property registration such as registration of new construction and subdivision the land.

Flowchart for registration
1. Cause of registration (purchasing real property, inheritance, etc.)
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2. Preparation for an application form
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3. Submission of application form
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4. Examination at the Legal Affairs Bureau
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5. The receipt of registration certificate and registration completion certificate

Q&A : Real property in Japan

How is real property defined in Japan?

In Japan, Civil law Article 86 says that “Land and any fixtures thereto are regarded as real property.” A fixture usually refers to a building. Also, Land and a building are each regarded as separate and independent pieces of real property.

How is real property used in Japan?

Real property in Japan is used as a residential, office and retail purposes.

How is real property used as a business in Japan?

For example, in Japan, real property developers can build detached houses and condominiums and sell them to people for a profit. Estate agencies help people to buy houses and condominiums and they charge a fee for this. Real property can also be leased to individuals and companies for a profit.

What is the major right to use real property in Japan?

The most important right of real property in Japan is ownership.

Are there any other rights to use real property in Japan?

In Japan, another important right of real property is called leasehold. Leasehold involves a contract (or lease) by which a landlord or lessor gives a tenant or lessee the temporary right to use land or other real property.

What is the process of purchasing real property in Japan?

A conveyance of real property by purchase must be recorded in writing to be legally valid and able to be asserted against persons other than a seller. Property registration is made at the local Legal Affairs Bureau by submitting the necessary application form and attachments to prove a conveyance of real property.

Some documents about a conveyance are needed with the application for registration of transfer of ownership, (Purchase and sale agreement or a document in which the seller confirms details of the conveyance such as buyers, date and time, the contents of the property.), seller’s Seal certificate (within three months from verification), Registration certificate and buyer’s copy of the certificate of residence.

When the registration is completed, a registration certificate and registration completion certificate are issued by the local Legal Affairs Bureau.

3. Economy ～Indonesia Overview ～

Under the Yudhoyono regime, Indonesia showed stable economic growth and its economy expanded steadily. Since 2007 their economic growth has accelerated to over 6% annually.
Looking at future directions for the Indonesian Economy, it is the nation’s most pressing and crucial problems involve infrastructure and industrial development in all areas, such as ports, airports, roads, railways, electricity and water supply.
According to the Indonesian government, the official poverty rate shows a declining trend, but by World Bank standards its rate of is still high. Regional income inequality in Indonesia is huge as many economies centralize in Java.
For the future, it is the critical issue that the economy of eastern Indonesian, including the Sulawesi (Celebes) and Maluku islands should develop.

The Joko regime decided to cut energy subsidies and raise retail gasoline price by more than 30 percent on 17th November 2014, as the government faced an existing need past to strengthen national financial resources to undertake its social security and infrastructural development plans. However there has been a big backlash from public.
When the Indonesian economy achieves financial improvement in future, it is considered that development of marine infrastructure, such as marine traffic, and power infrastructure on each island and between islands will promote economic and social stability.

2. Politics ～Indonesia Overview ～

In recent years, Indonesia has strengthened its democratic system and Mr. Yudhoyono, who was the President of Indonesia from 2004 to 2014, was the first to be elected by direct election. Former President Yudhoyono restored security in throughout Indonesia, resolved the independence dispute problem, strengthened involvement in ASEAN and exerted a leadership role in Asia. At the same time, the Indonesian economy became stable and their democracy has been strengthened.

The Joko Widodo regime was established on 20th October 2014 and public expectations are high, as he is the first president not to have come from the military or political elite, having a so called “man of the people” image.
However the country’s economic growth has been slow since 2013. There are also many outstanding issues, such as the provision of infrastructure and the resolution of regional differences. The new Indonesian parliament opened on 1st October 2014, but the ruling coalition (in which the Indonesian Democratic Party – Struggle (PDI-P) whose chairman is Joko Widodo is the largest party) has secured a total of only 246 House seats, which is less than half of the 560 House seats. Mr Widodo’s defeated rival in the presidential election (9th July), Mr. Prabowo (The Great Indonesia Movement Party (Gerindra)) launched a challenge shortly after the election, claiming he lost due to “massive” electoral fraud. His bid was rejected by Indonesia’s top court in August.

To sustain political stability, it is essential for the ruling coalition to hold a large number of seats. The Golongan Karya party (Golkar) was claimed political attention as it won 91 seats, but Golkar is now on the brink of major unrest, with conflicting factions, with Aburizal Bakrie insisting he is the only legitimate Golkar chairman but an anti-Bakrie group opposes him. The situation of ruling coalition is too uncertain. However the new president Joko Widodo is immensely popular and the nation has great expectations of him.