The real property (real estate) registration system differs in content depending on the country.
In Japan, land and buildings are treated as separate and distinct real property, and registration can also be made separately. This way of thinking and system are similar to those in Taiwan and South Korea. Whereas buildings are considered attached to land in Western countries and rights establishment, registration and transaction cannot be made for solely buildings.
In addition, the indefeasibility of registration also varies depending on the country.
Here is a brief explanation of the real property registration system in Japan.
About Real Property Registration in Japan
Real property registration is a system for land and buildings, being valuable property, in which the location, the owners' address and name, etc. are stated in a public book (registry).
It is made open to the public, thereby serving the role of making the rights relationship and other status clear to everyone and contributing to the safe and smooth conduct of transactions.
Pursuant to the Real Property Registration Act, there are nine types of rights that can be registered: ownership, superficies, farming right, servitude, statutory lien, pledge, mortgage, right of lease and right of quarrying.
Registrations cannot be made for right of possessory, right of common, right of retention and right of loan for use.
As mentioned above, land and buildings are treated as separate real property, and registration can also be made separately.
Effect of Registration
(1) Perfection
Acquisitions of, losses of and changes in real rights concerning immovable properties may not be asserted against third parties, unless the same are registered pursuant to the applicable provisions of the Real Property Registration Act and other laws regarding registration (Civil Code Article 177).
The order of priority of rights registered in relation to the same real property shall, unless otherwise provided for in laws and regulations, follow the chronological order of registration (Real Property Registration Act Article 4).
(2) Indefeasibility
A party who has engaged in a transaction of real property having trusted the description in the registration is entitled to acquire such rights under certain requirements even if the registered right holder does not seem to be the true right holder.
Indefeasibility does not apply to registration in Japan.
Accordingly, no matter if real property is purchased from a registered right holder thinking that the registered right holder is the true owner, real property cannot be taken away from the true owner if there is a true owner.
This is an excerpt from a leaflet by
MLIT (Ministry of Land, Infrastructure, Transport and Tourisum).
