A For example the regulation regarding buildings will be very important information for you or your company if owning buildings located in Japan. And also if you want land, the regulations regarding building will be relevant when you sell it or you build buildings later on it.Land is also heavily regulated by Japanese law. Relevant […]

A In Japan, real estate property rights are subject to the Civil Code of Japan. This Code regulates basic things such as the definition of ownership and joint ownership, the way property is assigned and the effects of registration. The purchase agreements of real estate are subject to the law of contracts in the same […]

A In principle, except for some special transactions, real estate sales, land leases or building leases in Japan take effect simply by the agreement of the parties concerned without a written contract. No formalities are required. Of course you need a signed, written agreement in order to confirm the terms and conditions, and to avoid […]

A If you buy real estate property rights, you cannot assert your rights against a third party if such rights are not registered. This is why perfection is necessary for your transactions when you buy real estate rights under Japanese law. Perfection is normally completed upon the execution of a valid agreement or timed according […]

A Registration does not necessarily mean that the registered holder has the relevant rights, because the rights cannot be obtained if the agreement is not valid or if the seller has no right to sell. However, registration is the most important document that provides proof to support the fact that the property rights belong to […]

A Under Japanese real estate law, land and buildings are independent real estate. Ownership title is called “shoyu-ken,” and the title to land and the title to buildings on such land are totally different rights. Thus, one party can hold one title, while another party holds the other. If the land owner does not own […]

A Japanese Civil Code is applicable to land leases or building leases for temporary use. A normal lease is subject to the Land Lease and Building Lease Law. The law is constructed to protect the rights of the lessee. Therefore, if you rent out your buildings, you have to understand the compulsory Japanese provisions according […]

A Under the Land Lease and Building Lease Law of Japan, a land lease for owning a building on it (other than the “fixed-term land lease,” as separately discussed below) is for a 30-year term, unless a longer term is otherwise agreed by both parties.

A A land lease is automatically renewed by the parties, and the lessor cannot refuse the renewal without “a justifiable reason.” Generally, justifiable reasons are not easily recognized by the Japanese courts. It leads to the weakened status of the lessor’s rights in Japan. For example, the typical case that would be considered as “a […]

A A fixed-term land lease is a rather new form of lease under Japanese law. This is a lease agreement which is NOT renewable under the Land Lease and Building Lease Law. However, the parties involved in a fixed-term land lease can enter into a new lease agreement when the old lease’s term has expired. […]