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" (登記原因証明情報 - tōki gen'in shōmei jōhō). This evidentiary material is crucial for substantiating the legal basis upon which a change in registered rights is sought. Its importance is particularly pronounced in transactions involving condominiums (マンション - manshon), especially those with integrated site-use rights (敷地権 - shikiken), where the interplay of rights can be complex.

This article will explore what constitutes Information Certifying the Cause of Registration, its legal mandate under the Real Property Registration Act (不動産登記法 - Fudōsan Tōki Hō), its vital role in ensuring the accuracy of the registry, and specific instances where its provision is modified or exceptionally critical in the context of condominium rights.

The Legal Mandate: Real Property Registration Act Article 61

Article 61 of the Real Property Registration Act lays down the general rule: "When applying for a registration of a right, an applicant shall, except as otherwise provided for by an Act or Ordinance, provide the registry office with information certifying the cause of registration."

The "cause of registration" (登記原因 - tōki gen'in) refers to the underlying legal fact or act that gives rise to the creation, transfer, alteration, or extinguishment of a real property right. The "information certifying" this cause is therefore the documentary evidence that substantiates this legal foundation.

The Underlying Policy:
The primary purpose of this requirement is to ensure the substantive accuracy and reliability of the property register. By demanding proof of the legal basis for a registration, the system aims to:

• Prevent registrations based on fraudulent, mistaken, or non-existent legal grounds.
• Provide the registrar with a basis to conduct a formal examination (形式的審査権 - keishiki-teki shinsa-ken) of the application's apparent legal validity.
• Maintain public confidence in the integrity of the property registration system as a true reflection of property rights.

This requirement marked a strengthening of scrutiny compared to some aspects of the pre-2005 registration system, where, for instance, the "document certifying the cause of registration" also served the now-defunct purpose of being stamped and returned as the Registered Title Deed (登記済証 - tōki-zumi-shō). The reformed system places a clearer emphasis on the evidentiary quality of the cause information itself.

What Constitutes "Information Certifying the Cause of Registration"?

The Information Certifying the Cause of Registration is not a single, universally defined document. Its form and content vary depending on the nature of the transaction or event leading to the registration. However, it must generally serve to prove two critical elements:

1. The Underlying Fact or Legal Act (登記の原因となる事実又は法律行為 - tōki no gen'in to naru jijitsu mata wa hōritsu kōi): This is the event or transaction that triggered the change in rights. Examples include:
   • A sales contract (売買契約 - baibai keiyaku)
   • A gift agreement (贈与契約 - zōyo keiyaku)
   • An inheritance (相続 - sōzoku)
   • A loan agreement leading to the creation of a mortgage (金銭消費貸借契約及び抵当権設定契約 - kinsen shōhi taishaku keiyaku oyobi teitōken settei keiyaku)
   • A court judgment ordering a transfer of property.
2. The Resulting Change in Real Property Rights (物権の変動 - bukken no hendō): The information must also demonstrate that the fact or legal act actually led to the claimed change in the real property right. For instance, a sales contract alone might not be enough; evidence that the property was delivered and payment made (or other conditions for transfer met) might also be implicitly or explicitly part of the necessary proof.

Common Forms of Cause Information:

• Sale of Property: Typically, the Sales and Purchase Agreement (売買契約書 - baibai keiyakusho) is the primary document. Depending on the specific requirements and local practice, this might be accompanied by a Delivery Receipt (引渡証 - hikiwatashi-shō) or other documents evidencing the completion of the transaction.
• Mortgage Creation: The Loan Agreement (金銭消費貸借契約書 - kinsen shōhi taishaku keiyakusho) and the Mortgage Agreement (抵当権設定契約書 - teitōken settei keiyakusho) are fundamental.
• Inheritance: Documentation typically includes Family Register excerpts (戸籍謄本 - koseki tōhon, 除籍謄本 - joseki tōhon) to prove the death of the decedent and establish the heirs. If there is an agreement among heirs regarding the distribution of the estate, the Certificate of Division of Estate (遺産分割協議書 - isan bunkatsu kyōgi sho), often with the heirs' registered seal certificates, is crucial.
• Gift: A Gift Agreement (贈与契約書 - zōyo keiyakusho).
• Acquisitive Prescription (取得時効 - shutoku jikō): This is a "fact" rather than a "legal act." Proof would involve documents evidencing long-term possession under the conditions required by the Civil Code, often culminating in a court judgment confirming the prescription or an agreement with the former owner.

The information provided must be sufficient for the registrar to understand the legal basis for the requested registration and to verify that the claimed change in rights is consistent with the documented cause.

The Vital Role in Ensuring Registry Accuracy and Reliability

The requirement for tōki gen'in shōmei jōhō is not a mere formality. It plays a critical role in:

1. Substantive Verification: While Japanese registrars are generally said to have "formal examination powers" (meaning they primarily check if the application documents meet legal requirements and are consistent, rather than conducting a full judicial inquiry into the underlying substantive rights), the cause information provides a basis for a degree of substantive review. It allows the registrar to confirm that a plausible legal reason for the registration exists.
2. Preventing Errors and Fraud: By requiring applicants to submit evidence of the transaction or event, the system helps to filter out applications based on mistake, misunderstanding, or fraudulent claims. It makes it more difficult to register rights that have not genuinely been created or transferred.
3. Maintaining a Coherent Narrative of Title: The cause information helps to create a logical and legally sound narrative of how rights in a particular property have evolved over time. This is essential for anyone relying on the registry to understand the chain of title.
4. Supporting Legal Proceedings: In the event of a dispute, the registered cause information can serve as important evidence regarding the basis upon which a particular registration was made.

Exceptions: When is Information Certifying the Cause of Registration Not Required?

Article 61 of the RPRA itself mentions "except as otherwise provided for by an Act or Ordinance." Article 7, Paragraph 3 of the Real Property Registration Ordinance (不動産登記令 - Fudōsan Tōki Rei) details the primary exceptions. The most significant and commonly encountered exception is:

Ownership Preservation Registration (所有権保存登記 - Shoyūken Hozon Tōki):
Generally, for an initial ownership preservation registration – the very first registration of ownership for a newly constructed building (like a house or a condominium building) – Information Certifying the Cause of Registration is not required.

• Rationale: The "cause" of an ownership preservation registration is typically the new construction of the building and the fact of original acquisition of ownership by the builder/developer. This is primarily evidenced by documents like building completion certificates (検査済証 - kensa-zumi-shō) and other information submitted as part of the display registration (表示登記) of the new building. "New construction" is not a transactional "cause" in the same way a sale or gift is for a subsequent rights registration. Ownership arises by operation of law upon completion of the building and the original owner's intent to own. Therefore, the cause of registration is not itself a registrable item for the hozon tōki.

A Critical Exception to the Exception: Transferee's Preservation Registration for Shikiken-tsuki Condominiums:
There is a very important and specific exception to the rule that preservation registrations do not require cause information. This applies to condominiums with integrated site-use rights (shikiken-tsuki kubun tatemono).

• Under Article 74, Paragraph 2 of the RPRA, a person who has directly acquired ownership of a shikiken-tsuki condominium unit from the title-deed holder (表題部所有者 - hyōdaibu shoyūsha, typically the developer who initially registered the building's display) can apply for an ownership preservation registration directly in their own name (rather than the developer first registering preservation and then transferring).
• In this specific scenario, Article 76, Paragraph 1, Proviso of the RPRA mandates that the cause of registration (e.g., "Sale, [Date]" or "Gift, [Date]") is recorded as part of this transferee's preservation registration.
• Consequently, because the cause is registered, the Information Certifying the Cause of Registration (e.g., the sales contract between the developer and the first buyer, or the gift agreement) must be provided with the application.
• Rationale for this Specific Requirement: This type of ownership preservation registration by a transferee for a shikiken-tsuki unit serves a dual purpose: it registers the transferee's ownership of the unit and it simultaneously effects the public notice of the transfer of the integrated shikiken from the developer to the transferee (due to the operation of RPRA Art. 73(1)). The cause information is therefore essential to substantiate this underlying transfer of both the unit and its inseparable land right component.

Other minor statutory or regulatory exceptions may exist for highly specific types of registrations, but the preservation registration scenario is the most prominent.

Specific Considerations for Condominium Rights Transactions

When dealing with transactions involving condominium units, especially those with registered shikiken, the Information Certifying the Cause of Registration must align with the principle of inseparability (一体性の原則):

• Evidence of Integrated Transaction: For a sale or mortgage of a shikiken-tsuki condominium unit, the provided cause information (e.g., sales contract, mortgage agreement) must clearly demonstrate that the transaction intended to cover both the exclusive-use unit and its integrated shikiken.
• If the documentation appears to deal only with the "building unit" and makes no mention of the shikiken (when a shikiken is indeed registered for that unit), the registrar might question whether a valid cause for the transfer or encumbrance of the entire integrated property right has been adequately proven. An application could be rejected if the documents suggest an attempt to improperly separate the unit from its shikiken in violation of the Condominium Ownership Act.
• Even if a transaction involves separate documents for the unit and the land right component (though less common with shikiken), if these documents clearly and unequivocally pertain to the same single, integrated transaction (e.g., same parties, same overall consideration, clear cross-references, and same cause and date), they might collectively be accepted as constituting the Information Certifying the Cause of Registration.

The Role of Judicial Scriveners (司法書士 - Shihō Shoshi)

In Japan, judicial scriveners (司法書士 - shihō shoshi) are legal professionals who specialize in preparing and filing real property and corporate registration applications. They play a crucial role in ensuring that all necessary documentation, including the Information Certifying the Cause of Registration, is correctly drafted, assembled, and compliant with the complex legal and procedural requirements. Their expertise is invaluable in navigating these formalities and ensuring the smooth processing of registration applications, thereby contributing to the overall reliability of the system.

Conclusion

"Information Certifying the Cause of Registration" (tōki gen'in shōmei jōhō) stands as a fundamental pillar of the Japanese real property registration system, reinforcing its commitment to accuracy and substantive validity. By requiring documentary evidence of the legal basis for changes in registered rights, the system provides a crucial check against erroneous or unfounded entries in the public register.

While generally mandated for rights registrations, the law carves out specific exceptions, most notably for standard ownership preservation registrations. However, this exception itself is qualified in the important context of transferees applying for ownership preservation of shikiken-tsuki condominium units, where proof of the underlying transaction is indispensable due to the concurrent transfer of the integrated site-use rights. For all condominium transactions involving rights, ensuring that the cause information accurately reflects the integrated nature of the unit and its shikiken is paramount for successful registration and the secure establishment of property rights.