Hi. It is Akiko HORI. Thank you for reading this.
Many people are involved in the purchase of real property. In this situation, it is crucial to check property information and an official corporate existence at the commencement of the transaction so that I apply online to the registration record on the website below.
Registration information service
Available only in Japanese but this Registration information service is a fee-based service that enables a user to check the official record about real property and corporate information online that the Legal Affairs Bureau has. This information cannot be used as an official certificate, but an estate agent and a lawyer check this information.
The information should be registered to be enforceable, but Japanese law recognises customary rights, such as the right for people to cross land, which may not be legally recorded (although they can be). In addition, historically, a landowner is likely reluctant to register their lease right, because they are afraid that the ownership of the land never returns from the lease holder. I will write about the lease right in Japan as a separate topic.
I, as a lawyer, fully recognise the importance of a contract and right, but there is a cultural background in Japan, such that harmony among people is regarded with greater respect than the contract itself, since ancient times. Regarding this subject, Kenzaburo Oe who received the Nobel Prize for literature mentioned it in “Japan,the ambiguous,and myself”.
If interested, the link is below.
Having said that, in the Western society, this attitude is regarded as a fault, because people rather postpone problem-solving and don’t show their attitude clearly. However, on the positive side, people are not caught up in prejudice and take the time to fit the situation in the correct environment, which leads to a flexible solution.
I believe these ideas come from the different philosophies, and neither has superiority.
The registered information is inside the framework of Japanese administrative matters, but the system reflects culture in society.
I hope the information is useful.
I will update every Monday.
For more information https://lawhelp4u.com/english/how-to-buy-a-property-in-japan/
Japanese business consultant