In Japan, property transaction will take effect only to the extent of the parties’ intention, which means property registration follows the principle of contract registration.
Property registration mainly includes change of ownership registration. A purchaser needs to register their right in order to assert such a right to a third party but the registration is not indefeasible as it can be altered or cancelled, unlike registration systems in some countries, such as the Torrens system.
A registered owner might not always be the true owner, and accordingly an investigation of rights is necessary before acquisition. This procedure is conducted by an estate agent and Shihoshoshi Lawyer.
The reason of this system is that registration officers have their power only over preparing documents basis and do not undertake a substantive screening review but they are given the power of formal review of the submitted registration documents and power of precise review on their authenticity.
司法書士堀明子 – HORIakiko –
司法書士 / ビジネスコンサルタント / ライフ・コーチ
Shiho-shoshi Lawyer / Business consultant / Life coach
Email: horiakiko@lawhelp4u.com
Tel: +81-(0)3-3249-1536 https://lawhelp4u.com/english/how-to-buy-a-property-in-japan/
