If the site use right (敷地権) for a Japanese condominium is a leasehold (賃借権), can a mortgage be registered on the condominium unit itself, and how does this affect the underlying leasehold site right? In Japan, condominium units often come with an integrated site-use right known as "shikiken" (敷地権), which can be based on ownership of the land, a superficies right, or, quite commonly, a leasehold right (賃借権 - chinshakuken). The nature of this shikiken significantly impacts how security interests, such as
Is it permissible to establish and register new superficies on a parcel of land for which an existing condominium's site use right is already registered as ownership, and if so, what are the governing conditions and procedures? In Japan, the "shikiken" (敷地権) system legally integrates a condominium unit with its owner's right to use the underlying land. This site-use right can be based on co-ownership of the land, a superficies right, or a leasehold right. When the shikiken is based on ownership (i.
When selling a Japanese condominium with site use rights and simultaneously entering into a buy-back agreement, how are both the ownership transfer and the buy-back agreement registered to be effective against third parties? In Japanese real estate transactions, a "buy-back special agreement" (買戻特約 - kaimodoshi tokuyaku) allows a seller to reserve the right to repurchase the property from the buyer at a later date, under specified conditions. When such an agreement accompanies the sale of a condominium unit with integrated site-use
How can an ownership preservation registration for a Japanese condominium with site use rights be corrected, for example, from sole ownership to joint ownership, and what are the implications for the site use rights? An ownership preservation registration (所有権保存登記 - shoyūken hozon tōki) is the foundational step in establishing registered title for a newly constructed property in Japan, including individual condominium units. However, errors or omissions can occasionally occur in this initial registration, such as an incorrect owner being named or an inaccurate reflection
If someone acquires a Japanese condominium unit through acquisitive prescription, does this acquisition automatically include the associated site use right, and how is this reflected in the registration? Acquisitive prescription (取得時効 - shutoku jikō), a concept under the Japanese Civil Code (民法 - Minpō), allows a person to acquire ownership of property belonging to another by possessing it openly, peacefully, and with the intent to own for a statutorily defined period. When this principle is applied to a
How is the transfer of ownership of a Japanese condominium with site use rights handled in the case of inheritance, particularly concerning the integration principle and estate division? The inheritance of real property in Japan, including condominium units, is governed by the Civil Code (民法 - Minpō) and involves specific registration procedures under the Real Property Registration Act (不動産登記法 - Fudōsan Tōki Hō). When the inherited property is a "shikiken-tsuki kubun tatemono" (敷地権付き区分建物) – a condominium unit
When a direct transferee applies for ownership preservation registration of a Japanese condominium with site use rights under RPRA Art. 74(2), what specific "consent information" from the site use right holder is required, and what must it contain? The Japanese Real Property Registration Act (不動産登記法 - Fudōsan Tōki Hō, or RPRA) offers a streamlined procedure under its Article 74, Paragraph 2, for the first buyer (direct transferee) of a newly constructed condominium unit with integrated site-use rights (敷地権付き区分建物 - shikiken-tsuki kubun tatemono) to apply for an ownership preservation
Why is the "cause and date of registration" generally not required for ownership preservation, but is required when a transferee registers a condominium with site use rights under RPRA Art. 74(2)? In the Japanese real property registration system, an "ownership preservation registration" (所有権保存登記 - shoyūken hozon tōki) is the very first registration establishing an ownership right for a property, typically a newly constructed building such as a condominium unit. A distinct feature of this type of registration is that,
Q: Who is eligible to apply for an initial ownership preservation registration (所有権保存登記) for a newly built Japanese condominium unit, and what special provisions exist for transferees? When a new condominium building (マンション - manshon) is constructed in Japan, one of the first crucial steps in establishing clear legal title for its individual units is the "ownership preservation registration" (所有権保存登記 - shoyūken hozon tōki). This is the very first registration of ownership for a newly
What constitutes "Information Certifying the Cause of Registration" in Japanese real property law, and why is it vital for maintaining the accuracy and reliability of the registry, particularly concerning condominium rights transactions? The Japanese real property registration system (不動産登記制度 - fudōsan tōki seido) is designed to provide a clear and reliable public record of rights concerning land and buildings. A cornerstone of this system's integrity is the requirement for applicants to submit "Information Certifying the Cause of Registration"
Q: What is "Registration Identification Information" (登記識別情報) in the context of Japanese real property registration, and when must it be provided for condominium-related registrations? Navigating real property transactions in Japan involves a sophisticated registration system designed to ensure clarity of title and security of dealings. A cornerstone of this modern system is "Registration Identification Information" (登記識別情報 - tōki shikibetsu jōhō, often abbreviated as RII). This unique identifier plays a crucial role, particularly
Q: Under Japanese law, what are the restrictions on registering rights that affect only the building unit or only the site use right (敷地権) after the "integration" of a condominium and its site has been registered? The Japanese system of "shikiken" (敷地権) establishes a strong legal bond between a condominium unit (専有部分 - sen'yū bubun) and its associated right to use the land (敷地利用権 - shikichi riyōken). Once this integration is formally registered, the unit and its shikiken are generally treated as
Q: How does the Japanese registration system ensure the "integration" (一体性) of a condominium unit and its site use rights (敷地権 - shikiken), and what is the legal effect of a rights registration made on such a unit? Ownership of a condominium unit in Japan is distinct from owning a standalone house, primarily due to the intricate legal relationship between the exclusive-use unit (専有部分 - sen'yū bubun) and the owner's rights to the land upon which the condominium building stands. This land right, when
Q: When a Japanese condominium with registered site use rights (敷地権付き区分建物) is destroyed, what happens to the site use rights, and what is the registration procedure to reflect this? The integration of a condominium unit with its underlying land rights, known in Japan as "shikiken" (敷地権), creates a legally inseparable property interest. This system simplifies transactions and clarifies rights for "shikiken-tsuki kubun tatemono" (敷地権付き区分建物 – unit ownership buildings with integrated site rights). However, the physical destruction
If a mortgage is registered only on a Japanese condominium unit built on provisional replotment land, and site use rights are later found to exist but weren't registered as site rights, how is this discrepancy corrected without cancelling the mortgage? The development of condominiums (マンション - manshon) in Japan within areas undergoing land readjustment projects (土地区画整理事業 - tochi kukaku seiri jigyō) can lead to unique complexities in property registration. One such scenario involves a mortgage being registered solely against the condominium building unit situated on "provisional replotment land"
Q: After a land replotment disposition (換地処分) in Japan, how are the registrations for condominiums with site use rights (敷地権付き区分建物) updated, particularly in cases of land consolidation or division? Land readjustment projects (土地区画整理事業 - tochi kukaku seiri jigyō) are a cornerstone of urban redevelopment in Japan, transforming complex and often inefficiently arranged land parcels into well-ordered urban environments with improved infrastructure. The culmination of such a project is the "final replotment disposition" (換地処分 - kanchi shobun), a
Q: When a Japanese condominium is constructed on "provisional replotment land" (仮換地) within a land readjustment project, how is the initial display registration (表示登記) managed, particularly concerning site rights (敷地権)? Urban development in Japan frequently utilizes land readjustment projects (土地区画整理事業 - tochi kukaku seiri jigyō) to reconfigure and improve urban areas. These large-scale projects involve reorganizing numerous land parcels, creating new roads and parks, and ultimately assigning landowners new plots of land (換地 - kanchi) in exchange for their original
Q: What is the legal process for abolishing a "by-law common element" (規約共用部分) designation in a Japanese condominium, and what subsequent title registration steps are required for the affected part? In Japanese condominium (マンション - manshon) law, certain areas that could otherwise function as independent, exclusive-use units (専有部分 - sen'yū bubun) can be designated as "by-law common elements" (規約共用部分 - kiyaku kyōyō bubun) through provisions in the condominium's bylaws (規約 - kiyaku). These spaces,
Q: What specific information and documents are mandated when applying to register a "by-law common element" (規約共用部分) in a Japanese condominium? In Japan's framework for condominium (or "manshon"マンション) governance, certain parts of a building that could otherwise function as individually owned exclusive-use units (専有部分 - sen'yū bubun) can be designated as "by-law common elements" (規約共用部分 - kiyaku kyōyō bubun) through the condominium&
Q: How are common elements in a "Danchi" (団地 - housing complex) established and registered under Japanese law, and what are the implications for unit owners? Japanese urban landscapes often feature "Danchi" (団地), large-scale housing complexes that can consist of multiple condominium buildings, detached houses, or a mix, typically sharing certain land areas and ancillary facilities. The legal framework governing common property within these Danchi complexes has unique aspects, particularly concerning "Danchi common
Q: What is the significance of registering a building part as a "by-law common element" (規約共用部分) in a Japanese condominium, and how does it differ from statutory common elements? In the intricate world of Japanese condominium law, the designation and registration of various parts of a building hold profound legal and practical implications for unit owners, management associations, and third parties engaging in transactions. A key distinction lies between "statutory common elements" (法定共用部分 - hōtei kyōyō bubun)
Statutory Land Rights in Japan: Co-ownership Complicates Mortgage Foreclosures Date of Judgment: December 20, 1994 Case Name: Action for Removal of Building and Vacant Possession of Land, etc. Court: Supreme Court of Japan, Third Petty Bench The Japanese legal doctrine of "statutory superficies" (hōtei chijōken), established by Article 388 of the Civil Code, is a vital mechanism
No Easy Revival: Statutory Superficies for Rebuilt Buildings After Joint Mortgage in Japan Date of Judgment: February 14, 1997 Case Name: Action for Termination of Short-Term Lease, etc. Court: Supreme Court of Japan, Third Petty Bench The Japanese legal concept of "statutory superficies" (hōtei chijōken), provided under Article 388 of the Civil Code, serves a crucial function: it grants a building
Statutory Superficies in Japan: Which Mortgage's Creation Date is Key When Multiple Mortgages Exist? Date of Judgment: July 6, 2007 Case Name: Action for Removal of Building and Vacant Possession of Land Court: Supreme Court of Japan, Second Petty Bench In Japanese property law, a "statutory superficies" (hōtei chijōken), established by Article 388 of the Civil Code, is a crucial concept designed
Bringing It Back: Mortgagee's Right to Recover Removed Factory Assets in Japan Date of Judgment: March 12, 1982 Case Name: Claim for Delivery of Goods, etc. Court: Supreme Court of Japan, Second Petty Bench In Japan, the "Factory Mortgage Act" (kōjō teitōhō) provides a specialized legal framework allowing factories to be mortgaged as a single operational unit, encompassing not just
