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 comprehensive legal and administrative act that formally establishes the new land parcels (換地 - kanchi) and redefines property rights accordingly. For condominiums with registered site-use rights (敷地権付き区分建物 - shikiken-tsuki kubun tatemono) located within these project areas, the kanchi shobun necessitates significant updates to their property registrations to align with the new land configuration. This is particularly complex when the replotment involves the consolidation of multiple original land parcels into one new parcel (合筆換地 - gōhitsu kanchi) or the division of an original parcel into several new ones (分割換地 - bunkatsu kanchi).

This article examines the legal principles and registration procedures that govern the updating of condominium and site-use right (shikiken) records following a kanchi shobun in Japan, focusing specifically on these scenarios of land consolidation and division.

The Legal Transformation: Kanchi Shobun and its Effect on Land Rights

The kanchi shobun marks a pivotal moment in a land readjustment project. According to Article 104, Paragraph 1 of the Land Readjustment Act (土地区画整理法 - Tochi Kukaku Seiri Hō), from the day following the public notice of the kanchi shobun, the newly designated replotted land (kanchi) is legally deemed to be the original land parcel (従前の宅地 - jūzen no takuchi) that it replaces.

This "deeming" provision is fundamental:

• All rights, including ownership, superficies, leaseholds, and mortgages that previously existed on the original land parcels, are considered to have legally transitioned to and now exist on the corresponding newly allocated kanchi.
• This legal fiction ensures the continuity of rights and forms the basis for all subsequent updates to the real property registry (不動産登記簿 - fudōsan tōkibō).
• Registrations related to the kanchi shobun are generally applied for en masse by the project implementer for the entire project area, typically through a single comprehensive application, as stipulated by the Land Readjustment Registration Ordinance (土地区画整理登記令 - Tochi Kukaku Seiri Tōki Rei), Article 10[cite: 7].

For condominiums, this means that the land component of their integrated site-use rights (shikiken) is now legally associated with the new kanchi parcel(s).

Consolidated Replotment (合筆換地 - Gōhitsu Kanchi): Merging Original Parcels

Consolidated replotment (gōhitsu kanchi) occurs when the kanchi shobun designates that multiple original land parcels, which previously formed the basis of a condominium's site-use rights, are to be merged into a single, new kanchi parcel. The registration updates in such cases are subject to specific rules and restrictions.

A. Restrictions on Consolidation (合筆の制限 - Gappitsu no Seigen):
The general restrictions on the consolidation of land parcels (合筆 - gappitsu) found in the Real Property Registration Act (不動産登記法 - Fudōsan Tōki Hō), Article 41, and its associated regulations (e.g., Real Property Registration Regulations, Article 105) apply to gōhitsu kanchi scenarios[cite: 7]. For condominiums with shikiken, these restrictions mean:

• Land parcels with registered shikiken generally cannot be consolidated with parcels that do not have shikiken registered on them[cite: 7].
• Land parcels that are subject to shikiken but where the type of site right (e.g., ownership share vs. leasehold) or the registered shikiken ratios differ cannot be straightforwardly consolidated without prior rectifications or adjustments to ensure uniformity[cite: 7].
• A notable point is that the original land parcels being consolidated into a single kanchi do not necessarily need to have been physically adjacent to each other before the replotment[cite: 7].

B. Updating Shikiken Registrations after Gōhitsu Kanchi:
If the conditions for consolidation are met, the shikiken registration for the condominium must be updated:

1. Condition for Simplified Handling: A more straightforward update is possible if all the original land parcels that were consolidated into the new kanchi had identical shikiken registered against them[cite: 7]. "Identical" here means the same type of land right (e.g., all ownership shares, all superficies), the same proportional share for each corresponding unit, and, critically, if the shikiken was based on superficies or a leasehold, the same establishment date for those rights on all original parcels[cite: 7].
2. Registration Updates (When Conditions for Identical Shikiken are Met):
   • Condominium Building Register (建物登記記録 - tatemono tōki kiroku): The "display of the land that is the object of the site-use right" (敷地権の目的である土地の表示) in the condominium building's registration record (specifically, in the title section - 表題部 hyōdaibu) is amended. It will now list the details (new lot number, area, etc.) of the single, new consolidated kanchi parcel as the land underlying the shikiken.
   • Land Register (for the new consolidated kanchi):
     • If the shikiken was an ownership share (所有権の共有持分等): A new principal registration (主登記 - shu-tōki) is made in the Kō-ku (甲区 - ownership section) of the land register for the consolidated kanchi. This registration explicitly states that the existing "registration that it is a site right" (敷地権である旨の登記) now pertains to the entirety of this newly formed consolidated kanchi[cite: 7]. For example, it might state, "No. 3 registration (the shikiken registration) pertains to the entirety of the replotted land."
     • If the shikiken was based on superficies (地上権 - chijōken) or a leasehold (賃借権 - chinshakuken): A supplementary registration (付記登記 - fuki-tōki) is made to the existing superficies or leasehold registration (which has now legally transitioned to the kanchi) in the Otsu-ku (乙区 - section for rights other than ownership) of the land register. This supplementary registration clarifies that the superficies or leasehold now extends over the entirety of the consolidated kanchi. Additionally, a principal registration is made for the "registration that it is a site right," also confirming its application to the whole consolidated kanchi[cite: 7].

These updates ensure that the shikiken remains properly linked to the condominium units and that its scope clearly covers the entirety of the new, consolidated land parcel.

Divided Replotment (分割換地 - Bunkatsu Kanchi): Splitting an Original Parcel

Divided replotment (bunkatsu kanchi) occurs when the kanchi shobun stipulates that an original land parcel, which was the basis for a condominium's shikiken, is to be divided into two or more new, separate kanchi parcels.

A. Emergence of "Deemed Bylaw Sites" (みなし規約敷地 - Minashi Kiyaku Shikichi):
A particularly important consequence of bunkatsu kanchi relates to any new kanchi parcel that, after the division, no longer has any physical part of the condominium building situated upon it, even if the original, larger parcel did.

• If such a newly divided kanchi (which is now devoid of any building footprint but originated from the condominium's former site) is created, it is legally treated as a "deemed bylaw site" (みなし規約敷地 - minashi kiyaku shikichi) for the condominium[cite: 8].
• This concept draws from Article 5, Paragraph 2 of the Condominium Ownership Act, which applies a similar principle when a statutory building site is divided through a standard land survey and subdivision (分筆 - bunpitsu). In the context of kanchi shobun, the final replotment disposition itself serves as the legal basis for this "deeming."
• Effect: This "deemed bylaw site" status ensures that the "empty" kanchi parcel remains legally part of the condominium's overall site and continues to be subject to the shikiken of the condominium units. It prevents the parcel from being inadvertently severed from the condominium's legal land rights merely because the replotment lines were drawn in a way that left it without a direct building footprint. It is treated as if the condominium bylaws had designated this separate piece of land as part of the condominium site.

B. Updating Shikiken Registrations after Bunkatsu Kanchi:
The registration records must be updated to reflect the new multi-parcel site:

1. Condominium Building Register:
   • The "display of the land that is the object of the site-use right" is amended to list all the new kanchi parcels that resulted from the division and collectively now form the condominium's site.
   • The shikiken proportions for each unit might need to be expressed or re-confirmed in relation to this new assemblage of (potentially smaller) kanchi parcels, although the overall quantum of land right per unit usually remains the same.
2. Land Registers (for each new kanchi parcel):
   • Each newly created kanchi parcel will have its own distinct land registration record created or updated as part of the kanchi shobun process.
   • For each of these new kanchi parcels that forms part of the condominium's site (including any "deemed bylaw sites"), a "registration that it is a site right" (敷地権である旨の登記) will be made, linking it to the condominium building(s).
3. Ex Officio Changes to Land Display Sections (表題部の変更):
   The administrative changes to the display sections (表題部 - hyōdaibu) of the land registers—such as the assignment of new lot numbers, updated area measurements for the divided kanchi parcels—are typically handled ex officio by the registrar. This is part of the comprehensive registration update process following a kanchi shobun and is analogous to the registrar's actions during a standard administrative land parcel division (bunpitsu)[cite: 8]. The project implementer's general application for kanchi shobun registrations usually triggers these ex officio updates for the land display.

Procedural Aspects of Post-Kanchi Shobun Registrations

The actual execution of these registration changes is a significant administrative task:

• Application by Project Implementer: As mentioned, the primary responsibility for initiating the registration changes following a kanchi shobun typically lies with the land readjustment project implementer[cite: 7]. They are tasked with filing a comprehensive application that covers all land parcels within the project area, which will include the necessary updates for lands subject to condominium shikiken.
• Information Flow: The implementer provides the Legal Affairs Bureau with the details of the kanchi shobun (e.g., the replotment plan, lists of new and old lot correspondences).
• Updating Condominium Records: While the implementer focuses on land record changes, the Legal Affairs Bureau, using the information from the kanchi shobun and existing records, will ensure that the land-related portions of the condominium building registrations (specifically the shikiken display) are also brought into conformity with the new land parcel reality. Condominium management associations or unit owners may need to cooperate by providing any specific information required for their building's unique shikiken setup if it's particularly complex and not automatically derivable from the implementer's general filing.

Conclusion: Maintaining Clarity in a Transformed Landscape

The final replotment disposition (kanchi shobun) in a Japanese land readjustment project brings legal finality to new land configurations. For condominiums with site-use rights (shikiken) located in such areas, this necessitates careful and legally precise updates to their property registrations. The core principle is that the newly allocated kanchi legally replaces the original land, and all rights, including shikiken, transition accordingly.

In cases of consolidated replotment (gōhitsu kanchi), the process aims to unify the shikiken under the new single parcel, provided that the original land parcels met strict criteria for consolidation, especially regarding the uniformity of their pre-existing shikiken. For divided replotment (bunkatsu kanchi), a key outcome can be the creation of "deemed bylaw sites," ensuring that even parts of the original site that no longer have a building footprint remain tied to the condominium.

These registration procedures, though complex and often managed centrally by the project implementer and the Legal Affairs Bureau, are vital for maintaining the integrity and clarity of the shikiken system, ensuring that unit owners' rights are accurately reflected in the public record, and facilitating secure real estate transactions in redeveloped urban areas.