A1 The registrar conducts an investigation upon request from an entrepreneur (Article 8, Paragraph 1 of the Expropriation of Land Act) or any other person who intends to implement a project that will benefit the public. As a result, if the officer finds that the land on which the project is to be implemented falls under the category of “specified unregistered land (see Q2)” and that the inheritance has not been registered for more than 30 years since the death of the registered owner of the title, the officer will search the land (“long-term unregistered inheritance land”). In this case, the landowner is searched for a person who could be the registered owner of the land (Article 44 of the Law.). Article 40 has been revised by the Act on Partial Revision of the Act on Special Measures Concerning Facilitation of Use of Land of Unknown Owner (Act No. 38 of 2022)). Article 44 of the Law Article 44 of the law defines the period of time after death as 10 to 30 years, while Article 13 of the Order defines it as 10 years.
Q2 What is the “specified unregistered land” in Q1?
A2 “Specified unregistered land” refers to land that has not been registered for inheritance pertaining to ownership, etc., and for which it is necessary to search for a person who can be the registered owner of the ownership of the land in order to ensure the smooth implementation of expropriation-eligible projects and other projects that benefit the public (Article 2, paragraph 4 of the Act).
A3 Each Legal Affairs Bureau consigns research work to a public commissioned registration judicial scrivener association, etc. through bidding, etc.
The commissioned party obtains a list of the subject land and the initial family register, etc. (family register, etc. at the time of the decedent’s death) from the Legal Affairs Bureau, searches for the legal heir, prepares information on the legal heir (Ministerial Ordinance Article 1) [Ref. 1], and delivers it together with the family register, etc.
Q4 What is the process after the research is completed?
A4 Legal heir information is assigned a creation number and stored at the Legal Affairs Bureau. The registrar will, ex officio, register a supplementary note (see Q5) stating that the land has not been registered as inherited for an extended period of time after the death of the registered owner of the title.
The Legal Affairs Bureau conducts a survey in advance to identify land owned by the same registered owner. All land owned (co-owned) by the same registered owner is subject to supplementary registration. There is no complete name identification of registered owners. There are cases where land owned (co-owned) by the same registered owner is identified at a later date.
Ｑ５ 所有権の登記名義人の死亡後長期間にわたり相続登記等がされていない土地である旨の登記とは？
Q5 What is the registration of land that has not been registered as inherited for a long period of time after the death of the registered owner of the title?
A5 “Land for which long-term inheritance registration, etc. has not been completed” is registered in the “Purpose of registration” column, and “creation number” and “date of registration” of the legal heir information are registered in the “Right holder and other matters” column by supplementary registration [Ref. 2].
If the heirs (in whole or in part) could not be found after the investigation, the registration is made as “(Heirs not listed in whole or in part)”. The details of the registration examples are described in the Notice.
A6 After the supplementary registration is made, the Legal Affairs Bureau will send a “Notice (Notification) of Long-Term Unregistered Inheritance Registration, etc. (Attachment 3)” [Ref. 3] to one of the heirs.
The heirs to be notified are not stipulated by law, but are listed in the following order according to the “Guidelines for the Administrative Processing of the Work to Resolve Long-Term Unregistered Inheritance (10-2(1))” in the “Specifications for the Work to Resolve Long-Term Unregistered Inheritance (Attachment to Specifications)”.
The first priority is the owner or taxpayer on the fixed asset taxation registry.
The second priority goes to the resident of the land.
The third is the residents in the vicinity of the land (in the same prefecture as the land).
A7: It is available to “heirs of the registered owner of the title” and “interested parties such as local governments that intend to implement projects of public interest” (Article 121, Paragraph 2 of the Real Property Registration Law).
A8: Until October 3, 2022, only inspection of information on legal heirs was permitted.
When a request for inspection is made, the contents of the information on legal heirs can be printed out in writing for inspection (Article 202, Paragraph 2 of the Real Property Registration Regulations), but the official seal is not affixed.
The only way to request inspection is to make a request at the Legal Affairs Bureau with jurisdiction over the land in question [Ref. 4, 5]. 450 yen per case will be charged (Article 5, Paragraph 1 of the Registration Fee Order), but if you only request the provision of a written output of the legal heir information based on the work to resolve land that has not been registered for long-term inheritance registration, etc., the Legal Affairs Bureau’s results (Article 5, Paragraph 1 of the Registration Fees Order), the document can be delivered free of charge to any registry office in Japan, as it is an effective use of the Legal Affairs Bureau’s deliverables.
Requests can now also be made by mail. The differences between viewing legal heir information and outputting only a list are summarized as follows.
A9 When you apply for registration of inheritance of the titleholder or registered owner, you are not required to provide information evidencing inheritance, such as a copy of the family register, if you provide the creation number of the legal heir information. However, this excludes cases where all or part of the heirs were not identified (see Q5).
In addition, when the heir of the titleholder applies for registration of preservation of ownership or when the heir of the registered owner applies for registration of transfer of rights due to inheritance, there are cases where the provision of address proof information such as a residence certificate is not required if the creation number of the legal heir information is provided (Article 8 of the Ministerial Ordinance).
This information can also be used when it is found that there is the land of the same registered owner that has not been registered as appended by the registrar. This includes real estate under the jurisdiction of a Legal Affairs Bureau other than the Legal Affairs Bureau that keeps the information on legal heirs.
If secondary or tertiary inheritance is recorded in the contents of the legal heir information, the legal heir information can be used when applying for inheritance registration of land for which the secondary or tertiary heir is the registered owner.
However, unlike a list of legal heirs, the information of legal heirs does not have an official seal, so it cannot be used as a certificate in banking procedures, for example.
Ｑ10どのような相談が寄せられることになるのか？
Q10 What kind of consultation does the Legal Affairs Bureau receive?
A10 In some cases, legal affairs bureaus hold explanatory meetings for notice recipients. However, not all of them always attend the explanatory meeting.
It is expected that heirs who have received a “Notice of Long-Term Unregistered Inheritance, etc.” as a result of the Legal Affairs Bureau’s investigation and the land is considered to be a long-term unregistered inheritance, etc., or who visit a judicial scrivener for consultation together with other heirs.
Basically, heirs have only the notice in their hands. Therefore, information is extremely scarce.
The specialist needs to explain to the heirs the basics of what the notice means, where the land is located, who the other heirs are, and what exactly they need to do.
Ｑ11通知書の持つ意味は？
Q11 What is the meaning of a notice from the Legal Affairs Bureau to an heir?
A11 As shown in [Ref. 3], a notice letter basically only has the meaning of encouraging inheritance registration, etc., and there are no penalties for neglecting to do so.
However, among the amendments to the Real Property Registration Law made by the Law Partially Amending the Civil Code, etc. (Law No. 24 of 2021), the date of enforcement of the regulation regarding mandatory inheritance registration is April 1, 2024 (decided by Cabinet Order on December 17, 2021).
In addition, the Supplementary Provision (transitional measure) of the Amendment Act provides that real estate for which inheritance registration has not yet been completed as of the effective date is also subject to the mandatory registration of inheritance.
Heirs must apply for registration of transfer of ownership within three years from the date on which they learned that inheritance had commenced for them and that they had acquired such ownership, or the enforcement date, whichever is later.
Failure to make such an application without justifiable reason will be punishable by a non-penal fine of up to 100,000 yen. Therefore, it is necessary to provide accurate information and appropriate advice regarding the new system, including the mandatory registration of inheritance.
In addition, the land is being surveyed because the local government, etc., intends to implement some kind of project and the land is subject to such a project.
A12 The consultant may not know the location of the subject land. Even if he/she does not live nearby or resides in the same prefecture, this is highly possible with regard to agricultural land, forests, etc.
Therefore, it is necessary to identify the location using various maps and conduct research such as checking the valuation of fixed asset valuation certificates, etc., to provide the consultant with information on the current status and value of the land and help him or she consider future actions.
The following online services are to be used: blue maps, residential maps, Article 14 maps, and public maps, the land number search service of the Registration Information Service, maps attached to the Fixed Property Taxation Registry, maps related to agricultural land and farmland (Agricultural Land Law), forest land registry and maps related to forest land (Forest Law) or Google maps.
A13 Heirs who come for consultation upon receipt of a notice that their inheritance has not been registered, etc. for a long period of time often do not know who other than themselves are their heirs.
Therefore, it is necessary to first obtain information on legal heirs to clarify the inheritance relationship.
If necessary, a judicial scrivener should act as a representative to obtain legal heir information and explain the inheritance relationship.
Inheritance relations vary from case to case, and there are many cases in which it is not possible to easily discuss the division of the estate.
Land that has not been registered as inherited for a long period of time may not have high property value.
In many cases, the heirs show no interest in the land in question. However, as mentioned in A11, taking into consideration the future mandatory registration of inheritance, it is necessary to avoid leaving the land unregistered or easily registering the land according to the legal inheritance. It is considered a good idea to resolve the issue by registering the property in the name of the owner determined by the inheritance division agreement as much as possible.
Ｑ14「起業者その他の公共の利益となる事業を実施しようとする者」を確認する方法は？
Q14 How do you identify an entrepreneur or other entity that intends to conduct a business of public interest?
A14 Entrepreneurs and other persons who intend to implement a business of public interest are expected to be a wide range of entities, including not only local public entities but also private businesses, NPOs, and local communities.
The Legal Affairs Bureau accepts requests from local governments, etc., by holding explanatory meetings, etc., for local governments, and selects lands to be surveyed from among them.
As a judicial scrivener who receives consultations, it is of concern to us which local governments or persons who intend to implement projects of public interest were the subject of surveys concerning land that has not yet been registered for long-term inheritance registration, etc. However, we cannot receive information from the Legal Affairs Bureau.
Therefore, we can only speculate based on the land title and use of the subject land, etc. Although it may be found out by making individual inquiries to local public entities, etc., the likelihood of such an inference is not necessarily high.
１． 所有権の保存の登記 (1) The registration of preservation of ownership.
〇〇県〇〇市〇〇町〇〇〇〇―〇
全部事項証明書: The certification of all recording matters. （土地）: The land.
権 利 部（甲区）: The rights section (Section A).
（所有権に関する事項）: Matters concerning the owner. 順位番号 : The rank number. 登記の目的 : The purpose of recording. 受付年月日・受付番号 : The recording date and number. 【権利者その他の事項】 : The holder of rights and other particulars. １
付記１号 Appendix I. 所有権保存 : The preservation of ownership. ○○年○○月○○日 第〇〇〇〇号 所有者: The name and address of owner. 住所〇〇市〇〇丁目〇番〇号: 氏名○○
長期相続登記等未了土地
: The long-term sequential registration and another outstanding land. 余白 : The empty column. 作成番号 第００００－００００－００００号 ○○年○○月〇日付記 The number: 0000-0000-0000. The year, month, and date of registration. ※下線のあるものは抹消事項であることを示す。 The underlines indicate delated matters. The filing Number:00000000000 (１/１) これは登記記録に記録されている事項の全部を証明した書面である。 : This document evidences all of the entries made in the registry. （〇〇地方法務局管轄）〇〇Legal Affairs Bureau 〇〇年〇〇月〇〇日 Date 〇〇県〇〇市〇〇町〇〇〇〇―〇
全部事項証明書: The certification of all recording matters. （土地）: The land.
これは登記記録に記録されている事項の全部を証明した書面である。 : This document evidences all of the entries made in the registry.
（〇〇地方法務局管轄）〇〇Legal Affairs Bureau
〇〇年〇〇月〇〇日 Date 〇〇Legal Affairs Bureau 登記官 〇〇 Registrar’s name: 〇〇
(相続人の全部又は一部が判明しないとき) When all of the heirs are not known. (2) When some of the heirs are not known. 〇〇県〇〇市〇〇町〇〇〇〇―〇
全部事項証明書: The certification of all recording matters. （土地）: The land.
権 利 部（甲区）: The rights section (Section A).
（所有権に関する事項）: Matters concerning the owner. 順位番号 : The rank number. 登記の目的 : The purpose of recording. 受付年月日・受付番号 : The recording date and number. 【権利者その他の事項】 : The holder of rights and other particulars. １
付記１号 Appendix I. 所有権保存 : The preservation of ownership. ○○年○○月○○日 第〇〇〇〇号 所有者: The name and address of owner. 住所〇〇市〇〇丁目〇番〇号: 氏名○○
長期相続登記等未了土地
: The long-term sequential registration and another outstanding land. 余白 : The empty column. 作成番号 第００００－００００－００００号 （相続人の全部（又は一部）不掲載） ○○年○○月〇日付記 The number: 0000-0000-0000. The non-publication or partial non-publication of heirs in whole or in part. The year, month, and date of registration. ※下線のあるものは抹消事項であることを示す。 The underlines indicate delated matters. The filing Number:00000000000 (１/１) これは登記記録に記録されている事項の全部を証明した書面である。 : This document evidences all of the entries made in the registry.
（〇〇地方法務局管轄）〇〇Legal Affairs Bureau
〇〇年〇〇月〇〇日 Date 〇〇県〇〇市〇〇町〇〇〇〇―〇 全部事項証明書: The certification of all recording matters. （土地）: The land.
これは登記記録に記録されている事項の全部を証明した書面である。 : This document evidences all of the entries made in the registry.
（〇〇地方法務局管轄）〇〇Legal Affairs Bureau
〇〇年〇〇月〇〇日 Date 〇〇Legal Affairs Bureau 登記官 〇〇 Registrar’s name: 〇〇
The registration of transfer of ownership (single ownership). 〇〇県〇〇市〇〇町〇〇〇〇―〇
全部事項証明書: The certification of all recording matters.
（土地）: The land. 権 利 部（甲区）: The rights section (Section A). （所有権に関する事項）: Matters concerning the owner. 順位番号 : The rank number. 登記の目的 : The purpose of recording. 受付年月日・受付番号 : The recording date and number. 【権利者その他の事項】 : The holder of rights and other particulars. ２
付記１号 Appendix I. 所有権移転 : The transfer of ownership. ○○年○○月○○日 第〇〇〇〇号 原因 年月日売買 The cause Date of purchase and sale. 所有者: The name and address of the owner. 住所〇〇市〇〇丁目〇番〇号: 氏名○○ 長期相続登記等未了土地 : The long-term sequential registration and another outstanding land. 余白 : The empty column. 作成番号 第００００－００００－００００号 ○○年○○月〇日付記 The number: 0000-0000-0000. The year, month, and date of registration. ※下線のあるものは抹消事項であることを示す。 The underlines indicate delated matters. The filing Number:00000000000 (１/１) これは登記記録に記録されている事項の全部を証明した書面である。 : This document evidences all of the entries made in the registry.
（〇〇地方法務局管轄）〇〇Legal Affairs Bureau
〇〇年〇〇月〇〇日 Date
３ 所有権の移転の登記（共有） The registration of transfer of ownership (co-ownership). 〇〇県〇〇市〇〇町〇〇〇〇―〇
全部事項証明書: The certification of all recording matters. （土地）: The land. 権 利 部（甲区）: The rights section (Section A).
（所有権に関する事項）: Matters concerning the owner. 順位番号 : The rank number. 登記の目的 : The purpose of recording. 受付年月日・受付番号 : The recording date and number. 【権利者その他の事項】 : The holder of rights and other particulars. ２
付記１号 Appendix I.
付記１号 Appendix I. 所有権移転 : The transfer of ownership. ○○年○○月○○日 第〇〇〇〇号 原因 年月日売買 The cause Date of purchase and sale. 所有者: The name and address of the owner. 住所〇〇市〇〇丁目〇番〇号: 氏名○○ ２番共有者乙某につき長期相続登記等未了土地 : The land with no long-term inheritance registration, etc. completed in the name of co-owner No. 2. 余白 : The empty column. 作成番号 第００００－００００－００００号 ○○年○○月〇日付記 The number: 0000-0000-0000. The year, month, and date of registration. ２番共有者乙某につき長期相続登記等未了土地 : The land with no long-term inheritance registration, etc. completed in the name of co-owner No. 2. 余白 : The empty column. 作成番号 第００００－００００－００００号 ○○年○○月〇日付記 The number: 0000-0000-0000. The year, month, and date of registration. ※下線のあるものは抹消事項であることを示す。 The underlines indicate delated matters. The filing Number:00000000000 (１/１) これは登記記録に記録されている事項の全部を証明した書面である。 : This document evidences all of the entries made in the registry.
The District Court certifies that the following person has been appointed as the land administrator of the unknown owner for the case mentioned above and that the seal in the sealed column below is identical to the seal submitted to the court as the seal of the land administrator of the unknown owner.
記
The stamp of the administrator of the land of an unknown owner.
選任日 令和〇年〇月〇日
氏 名 ○○○○
住 所 ○○県○○市○○町〇丁目１－１
The date of Appointment. 00th day of the year.
The name. ○○○○.
The address. 1-1, XX Street, XX City, XX Prefecture.
