The term “real estate” includes the following:

• Land
• Buildings or structures on or under it

Property law is governed by the following:

• The Civil Code
• The Land and Building Lease Law
• The Law Concerning Sectional Ownership of Buildings
• The Real Estate Registration Law
• The Real Estate Brokerage Law
• The Real Estate Syndication Law
• The Asset Liquidation Law (the “TMK Law”)
• The Building Standards Law
• The Fire Protection Law
• The City Planning Law
• The Land Appropriation Law
• The Agricultural Land Law
• The National Land Use and Planning Law
• The Review and Regulation of the Use of Real Estate Surrounding Important Facilities and Remote Territorial Islands Law
• The Foreign Exchange and Foreign Trade Act

Real property registrations are regulated by the Real Property Registration Law. Real property registries are maintained at the local Legal Affairs Bureaus of the Ministry of Justice throughout Japan. Real property registries consist of the land registry and a separate building registry if a registered building exists. They are intended to disclose to the public who the registered owner or other right holder of the land or building is, so registered rights are presumed to be valid. However, the registration of ownership or other right does not guarantee a true ownership or other right in the land or the building. Generally, the first to complete registration will have priority over others.

Title registration is usually managed by the local office of the Legal Affairs Bureau in the jurisdiction in which the property is located.

• Freehold ownership of land and buildings
• Leases of land and buildings
• Mortgages
• Superficies rights
• Easements
• Preference/option rights
• Redemption/repurchase rights
• Liens
• Pledge
• Attachments
• Stone quarry rights
• Firming rights
• Spouse's right of residence

Theoretically, there is no document to prove ownership over real property as an ownership transfer of real property can occur by an oral agreement between a seller and a buyer, and the registration of real property does not guarantee true ownership. However, practically, a real property transaction is conducted relying on the real property registration. Land ownership of a landowner may be proven by the certified original of the title deed that is issued to a registered real property owner.

Yes, through the website of the Civil Legal Affairs Association (minji houmu kyoukai) that is an administrator designated by relevant law.

Yes. There is generally no restriction on foreign ownership of real estate in Japan.

Yes, but the eminent domain powers in Japan are very weak and often involve long-term negotiations between the government and the property owners.

Generally, an interest is held by the following:

• Freehold
• Leasehold
• Condominium or strata title ownership

• Individuals
• Co-ownerships
• Corporations
• Trusts
• GK-TKs (structure using a Japanese limited liability company (godo kaisha) or a silent partnership agreement (tokumei kumiai), which is similar to a limited liability partnership)
• TMKs (structure using a Japanese limited liability company (tokutei mokuteki kaisha), formed pursuant to the TMK Law)
• REIT

All cash or by a down payment in cash plus recourse financing from a local lender. Non-recourse financing is also available for certain investment properties but mostly to institutional investors or funds using a bankruptcy remote holding structure.

Generally, the seller’s real estate broker will use a standard form sale and purchase agreement for most single family homes and residential condominiums. For commercial properties, either the seller or buyer will prepare the sale and purchase agreement. Title transfer documents are often prepared by a licensed judicial scrivener who will file the title transfer documents with the local Legal Affairs Bureau where the property is located.

Yes. The owner generally inherits such liability, including obligations under existing leases and environmental liability, although the owner will retain the right to seek recourse against the previous owner and others that have caused such liability unless the owner has agreed otherwise by contract.

An occupier generally does not inherit such liability unless the occupier has contractually agreed to assume such liability under a lease agreement or another document.

Yes – to the extent the seller or the previous occupier was responsible for such liabilities except with respect to the subsequent owner or occupier if they have agreed to contractually assume such liabilities in a sale and purchase agreement or another document.

However, if the seller or occupier caused soil contamination, the relevant seller or occupier may be ordered by the government to remove the soil contamination even after its disposition.