Chapter VI Parcel Boundary Demarcation
第六章 筆界特定
Section 1 General Provisions
第一節 総則
第百二十三条(定義)
In this Chapter, the meanings of the terms set forth in the following items are as prescribed respectively in those items:
この章において、次の各号に掲げる用語の意義は、それぞれ当該各号に定めるところによる。
parcel boundary:two or more points and a line connecting those points, which exist between a parcel of land for which a heading registration is made (hereinafter simply referred to as a "parcel of land") and another parcel of land (including one for which no heading registration is made; the same applies hereinafter) that adjoins the former, and which were regarded as constituting the boundary between those parcels of land at the time when the former parcel of land was registered;
筆界 表題登記がある一筆の土地(以下単に「一筆の土地」という。)とこれに隣接する他の土地(表題登記がない土地を含む。以下同じ。)との間において、当該一筆の土地が登記された時にその境を構成するものとされた二以上の点及びこれらを結ぶ直線をいう。
parcel boundary demarcation:demarcating the actual position on site of the parcel boundary between a parcel of land and another parcel of land that adjoins the former as provided for in this Chapter (or demarcating the area where the position exists, if it is impossible to demarcate the position);
subject parcel:a parcel of land and another parcel of land that adjoin each other on the parcel boundary subject to parcel boundary demarcation;
related parcel:a parcel of land (including one for which no heading registration is made) other than the subject parcels, which borders on either or both of the subject parcels on another parcel boundary that contains a point on the parcel boundary subject to parcel boundary demarcation; and
registered holder of ownership or other owner:the registered holder of ownership in the case of a parcel of land for which a registration of ownership is made, the heading-section owner in the case of a parcel of land for which no registration of ownership is made, and the owner in the case of land for which no heading registration is made, respectively, and including the heirs and other general successors of the registered holder of ownership or heading-section owner
Article 124Affairs for Parcel Boundary Demarcation
第百二十四条(筆界特定の事務)
Affairs for parcel boundary demarcation is administered by the Legal Affairs Bureau or District Legal Affairs Bureau that has jurisdiction over the location of the subject parcels.
The provisions of Article 6, paragraphs (2) and (3) apply mutatis mutandis to the affairs for parcel boundary demarcation. In this case, in paragraph (2) of the same Article, the term "real property" is to be deemed to be replaced with "the subject parcels," the term "registry offices" is to be deemed to be replaced with "Legal Affairs Bureaus or District Legal Affairs Bureaus," and the term "Legal Affairs Bureau or District Legal Affairs Bureau" is deemed to be replaced with "Legal Affairs Bureau"; in paragraph (3) of the same Article, the term "registry offices" is to be deemed to be replaced with "Legal Affairs Bureaus or District Legal Affairs Bureaus."
Article 125Registrar for Parcel Boundary Demarcation
第百二十五条(筆界特定登記官)
Parcel boundary demarcation is made by a registrar for parcel boundary demarcation (meaning a registrar designated by the Director of a Legal Affairs Bureau or District Legal Affairs Bureau; the same applies hereinafter).
Article 126Disqualification of Registrar for Parcel Boundary Demarcation
第百二十六条(筆界特定登記官の除斥)
If a registrar for parcel boundary demarcation falls under any of the following items, the registrar for parcel boundary demarcation may not make a parcel boundary demarcation for the subject parcels:
the registered holder of ownership (including the registered holder based on a provisional registration; hereinafter the same applies in this item), heading-section owner or non-registered owner or the registered or non-registered holder of a right other than ownership, in relation to any one of the subject parcels or related parcels;
the spouse or relative within the fourth degree of kinship of any of the persons set forth in the preceding item (including the person who was the spouse or relative within the fourth degree of kinship of the person; the same applies in the following item); or
Article 127Parcel Boundary Examiners
第百二十七条(筆界調査委員)
Each Legal Affairs Bureau and District Legal Affairs Bureau have several parcel boundary examiners, in order to have them conduct the examination of facts necessary for parcel boundary demarcation and submit their opinions to a registrar for parcel boundary demarcation.
A parcel boundary examiner is appointed by the Director of the Legal Affairs Bureau or District Legal Affairs Bureau from among those persons who have the expertise and experience necessary for performing the duties referred to in the preceding paragraph.
筆界調査委員は、前項の職務を行うのに必要な専門的知識及び経験を有する者のうちから、法務局又は地方法務局の長が任命する。
The term of office of a parcel boundary examiner is two years.
筆界調査委員の任期は、二年とする。
A parcel boundary examiner may be reappointed.
筆界調査委員は、再任されることができる。
A parcel boundary examiner serves on a part-time basis.
筆界調査委員は、非常勤とする。
Article 128Grounds for Disqualification of Parcel Boundary Examiners
第百二十八条(筆界調査委員の欠格事由)
A person who falls under any of the following items may not serve as a parcel boundary examiner:
次の各号のいずれかに該当する者は、筆界調査委員となることができない。
a person who was sentenced to imprisonment or a severer punishment, and for which five years have not elapsed from either the day on which the execution of the sentence was completed or the day on which they became free from the execution of the sentence;
拘禁刑以上の刑に処せられ、その執行を終わり、又はその執行を受けることがなくなった日から五年を経過しない者
a person who was expelled from a bar association or prohibited from practicing as a juridical scrivener or a land and house investigator as a disciplinary action under the provisions of the Attorney Act (Act No. 205 of 1949), the Juridical Scrivener Act (Act No. 197 of 1950) or the Land and House Investigator Act (Act No. 228 of 1950), respectively, where three years have not elapsed from the day on which the action was taken against them; or
弁護士法(昭和二十四年法律第二百五号)、司法書士法(昭和二十五年法律第百九十七号)又は土地家屋調査士法(昭和二十五年法律第二百二十八号)の規定による懲戒処分により、弁護士会からの除名又は司法書士若しくは土地家屋調査士の業務の禁止の処分を受けた者でこれらの処分を受けた日から三年を経過しないもの
a public officer who was dismissed by a disciplinary action, where three years have not elapsed from the day on which the action was taken against them
公務員で懲戒免職の処分を受け、その処分の日から三年を経過しない者
If a parcel boundary examiner has come to fall under any of the items of the preceding paragraph, they automatically forfeit their office.
筆界調査委員が前項各号のいずれかに該当するに至ったときは、当然失職する。
Article 129Dismissal of Parcel Boundary Examiner
第百二十九条(筆界調査委員の解任)
If a parcel boundary examiner falls under any of the following items, the Director of the Legal Affairs Bureau or District Legal Affairs Bureau may dismiss the parcel boundary examiner:
法務局又は地方法務局の長は、筆界調査委員が次の各号のいずれかに該当するときは、その筆界調査委員を解任することができる。
if they are found to be unable to perform their duties due to mental or physical disorder; or
心身の故障のため職務の執行に堪えないと認められるとき。
if they are found to have breached their obligation in the course of their duties or where there has been any other misconduct that is inappropriate for a parcel boundary examiner.
職務上の義務違反その他筆界調査委員たるに適しない非行があると認められるとき。
Article 130Standard Processing Time
第百三十条(標準処理期間)
The Director of a Legal Affairs Bureau or District Legal Affairs Bureau must specify the standard period of time to be normally required until a registrar for parcel boundary demarcation makes a parcel boundary demarcation after an application for parcel boundary demarcation has been filed, and must make the period of time public by posting it at the Legal Affairs Bureau or District Legal Affairs Bureau or by another appropriate method.
Section 2 Procedure for Parcel Boundary Demarcation
第二節 筆界特定の手続
Subsection 1 Application for Parcel Boundary Demarcation
第一款 筆界特定の申請
Article 131Application for Parcel Boundary Demarcation
第百三十一条(筆界特定の申請)
The registered holder of ownership or other owner of a parcel of land may file an application for parcel boundary demarcation with a registrar for parcel boundary demarcation with regard to the boundary between the relevant parcel of land and an adjoining parcel of land.
If the local government obtains the approval of any of the registered holders of ownership or other owners of a subject parcel within its jurisdictional area, it may file an application for demarcation of the boundaries of that subject parcel with the registrar for parcel boundary demarcation (limited to those that are not shown on the map referred to in Article 14, paragraph (1)).
An application for parcel boundary demarcation must be filed by clarifying the following matters:
筆界特定の申請は、次に掲げる事項を明らかにしてしなければならない。
the object of the application
申請の趣旨
the name and address of the applicant for parcel boundary demarcation;
筆界特定の申請人の氏名又は名称及び住所
the matters set forth in Article 34, paragraph (1), items (i) and (ii) with regard to the subject parcels (in the case of a parcel of land for which no heading registration is made, the matters set forth in item (i) of the same paragraph);
対象土地に係る第三十四条第一項第一号及び第二号に掲げる事項(表題登記がない土地にあっては、同項第一号に掲げる事項)
the reasons why parcel boundary demarcation is necessary for the subject parcels; and
beyond what is set forth in the preceding items, the matters specified by Ministry of Justice Order
前各号に掲げるもののほか、法務省令で定める事項
An applicant for parcel boundary demarcation must pay fees as provided for by Cabinet Order.
筆界特定の申請人は、政令で定めるところにより、手数料を納付しなければならない。
The provisions of Article 18 apply mutatis mutandis to an application for parcel boundary demarcation. In this case, the phrase "information specified by Cabinet Order as necessary matters for applying for a registration, including the matters necessary for identifying the real property, the name of the applicant, and the purpose of registration (hereinafter referred to as "application information")" and the term "registry office" in the same Article are deemed to be replaced with "information on the matters set forth in the items of Article 131, paragraph (3) (referred to as "application information for parcel boundary demarcation" in item (ii), Article 132, paragraph (1), item (iv) and Article 150)," and "Legal Affairs Bureau or District Legal Affairs Bureau", respectively; and the term "application information" in Article 18, item (ii) is deemed to be replaced with "application information for parcel boundary demarcation."
Article 132Dismissal of Application
第百三十二条(申請の却下)
In the following cases, a registrar for parcel boundary demarcation must dismiss an application for parcel boundary demarcation by a decision stating the reasons therefor; provided, however, that this does not apply where defects in the application can be corrected, and the applicant for parcel boundary demarcation has corrected them within a reasonable period specified by the registrar for parcel boundary demarcation:
if the location of the subject parcels is not subject to the jurisdiction of the Legal Affairs Bureau or District Legal Affairs Bureau which has received the application;
対象土地の所在地が当該申請を受けた法務局又は地方法務局の管轄に属しないとき。
if the application is filed by a person without the authority to apply;
申請の権限を有しない者の申請によるとき。
if the application is in violation of the provisions of paragraph (3) of the preceding Article;
申請が前条第三項の規定に違反するとき。
if the method employed to provide the application information for parcel boundary demarcation does not conform to the method specified pursuant to the provisions of an order under this Act;
筆界特定申請情報の提供の方法がこの法律に基づく命令の規定により定められた方式に適合しないとき。
if the application is found to be intended for the demarcation of the boundary of the coverage of ownership for the subject parcels or for matters other than parcel boundary demarcation;
if a judgment on an action to seek a determination of the parcel boundary between the subject parcels in civil proceedings (excluding a judgment to dismiss the action as unlawful; the same applies in Article 148) has already become final and binding;
if a parcel boundary demarcation for the parcel boundary between the subject parcels has already been made by a registrar for parcel boundary demarcation; provided, however, that this does not apply if it is found to be particularly necessary to make another parcel boundary demarcation for the subject parcels;
if no fees are paid; and
手数料を納付しないとき。
when a prepayment has been ordered pursuant to the provisions of Article 146, paragraph (5) and if the prepayment has not been made
第百四十六条第五項の規定により予納を命じた場合においてその予納がないとき。
A dismissal of an application for a parcel boundary demarcation under the provisions of the preceding paragraph is deemed to be a disposition made by a registrar.
Article 133Notice of Application for Parcel Boundary Demarcation
第百三十三条(筆界特定の申請の通知)
If an application for parcel boundary demarcation is filed, a registrar for parcel boundary demarcation must give public notice to that effect and also give notice to the following persons (hereinafter referred to as the "related persons") to that effect, as provided for by Ministry of Justice Order without delay; provided, however, that this does not apply if the application should be dismissed pursuant to the provisions of paragraph (1) of the preceding Article:
the registered holder of ownership or other owner of one of the subject parcels who is not the applicant for parcel boundary demarcation; and
In the case referred to in the main clause of the preceding paragraph, if the whereabouts of any of the related persons is unknown, the notice to the related person under the provisions of the main clause of the same paragraph may be given by taking measures to place the following matters in a state in which they can be inspected by an unspecified large number of persons by the method specified by Ministry of Justice Order, and also to post a document stating those matters on the notice board at the Legal Affairs Bureau or District Legal Affairs Bureau that has jurisdiction over the location of the subject parcels, or to place those matters, as displayed on the screen of a computer installed at the office of the Legal Affairs Bureau or District Legal Affairs Bureau that has jurisdiction over the location of the subject parcels, in a state in which they can be inspected. In this case, the notice is deemed to have reached the related person when two weeks have elapsed from the day on which the measures were commenced.
the name of the related person;
関係人の氏名又は名称
the matters to be notified;
通知をすべき事項
a statement to the effect that a document stating the matters referred to in the preceding item is to be issued to the related person at any time.
Subsection 2 Examination of Parcel Boundary, etc.
第二款 筆界の調査等
Article 134Designation of Parcel Boundary Examiner
第百三十四条(筆界調査委員の指定等)
If public notice has been given and notice has been given to each related person pursuant to the provisions of the main clause of paragraph (1) of the preceding Article, the Director of a Legal Affairs Bureau or District Legal Affairs Bureau must designate a parcel boundary examiner who is to conduct the examination of facts necessary for parcel boundary demarcation for the subject parcels.
A person who falls under any of the following items may not be designated as a parcel boundary examiner referred to in the preceding paragraph:
次の各号のいずれかに該当する者は、前項の筆界調査委員に指定することができない。
the registered holder (including the registered holder based on a provisional registration; hereinafter the same applies in this item) of ownership, heading-section owner or owner, or the holder of a right other than ownership, in relation to any one of the subject parcels or related parcels;
the spouse or relative within the fourth degree of kinship of any of the persons set forth in the preceding item (including the person who was the spouse or relative within the fourth degree of kinship of the person; the same applies in the following item); or
the agent or representative of any of the persons set forth in item (i) (including the person who was the agent or representative of the person) or their spouse or relative within the fourth degree of kinship
第一号に掲げる者の代理人若しくは代表者(代理人又は代表者であった者を含む。)又はその配偶者若しくは四親等内の親族
If there are two or more parcel boundary examiners designated under the provisions of paragraph (1), they perform their duties jointly; provided, however, that with the permission of a registrar for a parcel boundary examiner, they may perform their duties independently or divide the duties among themselves.
The Director of a Legal Affairs Bureau or District Legal Affairs Bureau may have their officials assist the examination of facts conducted by a parcel boundary examiner.
法務局又は地方法務局の長は、その職員に、筆界調査委員による事実の調査を補助させることができる。
Article 135Examination of Facts by Parcel Boundary Examiner
第百三十五条(筆界調査委員による事実の調査)
A parcel boundary examiner, if they are designated under the provisions of paragraph (1) of the preceding Article, may conduct a survey or field investigation of the subject parcels or related parcels or other parcels of land, hear from the applicant for parcel boundary demarcation or related persons or other persons about the facts known to them or request those persons to submit materials, and conduct other examination of facts necessary for parcel boundary demarcation for the subject parcels.
When conducting the examination of facts referred to in the preceding paragraph, a parcel boundary examiner must maintain awareness that parcel boundary demarcation is not intended for the demarcation of the boundary of the coverage of ownership for the subject parcels.
Article 136Survey and Field Investigation
第百三十六条(測量及び実地調査)
When conducting a survey or field investigation of the subject parcels, a parcel boundary examiner must give notice to the applicant for parcel boundary demarcation and the related persons to that effect together with the date and place thereof in advance, and provide them with the opportunity to observe the survey or field investigation.
The provisions of Article 133, paragraph (2) apply mutatis mutandis to the notice under the provisions of the preceding paragraph.
Article 137Entry and Investigation
第百三十七条(立入調査)
If the Director of a Legal Affairs Bureau or District Legal Affairs Bureau finds it necessary when a parcel boundary examiner conducts a survey or field investigation of the subject parcels or related parcels or other parcels of land, they may have the parcel boundary examiner or their official referred to in Article 134, paragraph (4) (hereinafter referred to as "parcel boundary examiner, etc." in this Article) enter another person's land.
If the Director of a Legal Affairs Bureau or District Legal Affairs Bureau intends to have the parcel boundary examiner, etc. enter another person's land pursuant to the provisions of the preceding paragraph, they must give notice to the possessor of the land to that effect together with the date and place of the entry in advance.
Where a person intends to enter, pursuant to the provisions of paragraph (1), residential land or land in the possession of another person which is enclosed with hedges, fences or other barriers, upon entry, the person must notify the possessor of the relevant land to that effect in advance.
第一項の規定により宅地又は垣、さく等で囲まれた他人の占有する土地に立ち入ろうとする場合には、その立ち入ろうとする者は、立入りの際、あらかじめ、その旨を当該土地の占有者に告げなければならない。
No entry may be made onto the land prescribed in the preceding paragraph before sunrise or after sunset, unless the possessor of the land gives consent.
日出前及び日没後においては、土地の占有者の承諾があった場合を除き、前項に規定する土地に立ち入ってはならない。
The possessor of the land must not refuse or obstruct the entry under the provisions of paragraph (1) without justifiable grounds.
土地の占有者は、正当な理由がない限り、第一項の規定による立入りを拒み、又は妨げてはならない。
When making an entry under the provisions of paragraph (1), the parcel boundary examiner, etc. must carry their identification card and present it if requested to do so by any person concerned.
If the entry under the provisions of paragraph (1) has caused any person to suffer a loss, the State must compensate the person who has suffered a loss for the loss that would ordinarily arise.
国は、第一項の規定による立入りによって損失を受けた者があるときは、その損失を受けた者に対して、通常生ずべき損失を補償しなければならない。
Article 138Request for Cooperation of Relevant Administrative Organs
第百三十八条(関係行政機関等に対する協力依頼)
If they find it necessary for parcel boundary demarcation, the Director of a Legal Affairs Bureau or District Legal Affairs Bureau may request the head of a relevant administrative organ, the head of a relevant local public entity, or a relevant public or private organization to submit materials and provide other necessary cooperation.
法務局又は地方法務局の長は、筆界特定のため必要があると認めるときは、関係行政機関の長、関係地方公共団体の長又は関係のある公私の団体に対し、資料の提出その他必要な協力を求めることができる。
Article 139Submission of Opinions or Materials
第百三十九条(意見又は資料の提出)
If an application for parcel boundary demarcation is filed, the applicant for parcel boundary demarcation and the related persons may submit a registrar their opinions or materials with regard to the parcel boundary between the subject parcels. In this case, if a registrar for parcel boundary demarcation has specifies a reasonable period during which the opinions or materials should be submitted, submission must be made within the period.
The submission of opinions or materials under the provisions of the preceding paragraph may be made by electronic or magnetic means (meaning a method using an electronic data processing system or any other method of using information and communications technology which is specified by Ministry of Justice Order).
前項の規定による意見又は資料の提出は、電磁的方法(電子情報処理組織を使用する方法その他の情報通信の技術を利用する方法であって法務省令で定めるものをいう。)により行うことができる。
Article 140Date of Opinion Hearing
第百四十条(意見聴取等の期日)
If an application for parcel boundary demarcation is filed, during the period after giving public notice under the provisions of the main clause of Article 133, paragraph (1) and before making a parcel boundary demarcation, a registrar for parcel boundary demarcation must provide the applicant for parcel boundary demarcation and the related persons with the opportunity to state their opinions or submit materials (including an electronic or magnetic record) with regard to the parcel boundary between the subject parcels, while giving notice to those persons of the date and place of the hearing or submission in advance.
On the date referred to in the preceding paragraph, a registrar for parcel boundary demarcation may have a person whom they consider appropriate state the facts known to the person as a witness,
A parcel boundary examiner is to be in attendance on the date referred to in paragraph (1). In this case, with the permission of the registrar for parcel boundary demarcation, the parcel boundary examiner may ask questions to the applicant for parcel boundary demarcation or any related person or witness.
A registrar for parcel boundary examiner must prepare a record stating the development on the date referred to in paragraph (1) and clarify the gist of the statements in the record made by the applicant for parcel boundary demarcation or the related person or witness on the date.
The record referred to in the preceding paragraph may be prepared in the form of an electronic or magnetic record.
The provisions of Article 133, paragraph (2) apply mutatis mutandis to the notice under the provisions of paragraph (1).
Article 141Inspection of Records
第百四十一条(調書等の閲覧)
During the period after public notice has been given under the provisions of the main clause of Article 133, paragraph (1) until notice is given to the applicant for parcel boundary demarcation pursuant to the provisions of Article 144, paragraph (1), the applicant for parcel boundary demarcation and related persons may make a request to the registrar for parcel boundary demarcation for the inspection of the record which has been prepared and the materials which have been submitted in the procedure for parcel boundary demarcation (in the case of those in the form of electronic or magnetic records, the content of the recorded information that is indicated by a method specified by Ministry of Justice Order). In this case, the registrar for parcel boundary demarcation may not refuse the inspection unless the inspection is likely to harm the interest of any third party or there are other justifiable grounds for refusal.
The registrar for parcel boundary demarcation may designate the date and place of the inspection referred to in the preceding paragraph.
Section 3 Parcel Boundary Demarcation
第三節 筆界特定
Article 142Submission of Opinions by Parcel Boundary Examiner
第百四十二条(筆界調査委員の意見の提出)
After the date referred to in Article 140, paragraph (1), if a parcel boundary examiner has finished the examination of facts necessary for parcel boundary demarcation for the subject parcels, they must submit their opinions on parcel boundary demarcation for the subject parcels to the registrar for parcel boundary demarcation without delay.
Article 143Parcel Boundary Demarcation
第百四十三条(筆界特定)
If a parcel boundary examiner has submitted their opinions pursuant to the provisions of the preceding Article, the registrar for parcel boundary demarcation must make a parcel boundary demarcation for the subject parcels, while referring to the opinions and comprehensively taking into consideration the content of the registration records, maps or drawings equivalent to maps and the annexed documents of the registers, the topography, land category, land area and shape of each of the subject parcels and the related parcels, in addition to whether or not there is any structure, fence or boundary marker and other conditions on those parcels of land and how these facilities have been installed, and other circumstances concerned, and must prepare a written report of parcel boundary demarcation stating the conclusion of the parcel boundary demarcation and the gist of the reasons therefor.
A written report of parcel boundary demarcation must indicate the content of the parcel boundary demarcation by a drawing and a method specified by Ministry of Justice Order as the method for indicating the actual position on site of each point on the drawing.
筆界特定書においては、図面及び図面上の点の現地における位置を示す方法として法務省令で定めるものにより、筆界特定の内容を表示しなければならない。
A written report of parcel boundary demarcation may be prepared in the form of an electronic or magnetic record.
筆界特定書は、電磁的記録をもって作成することができる。
Article 144Notice of Parcel Boundary Demarcation
第百四十四条(筆界特定の通知等)
A registrar for parcel boundary demarcation must, if they have made a parcel boundary demarcation, give notice of the content of the written report of parcel boundary demarcation to the applicant for parcel boundary demarcation by the method to issue a copy of a written report of parcel boundary demarcation (if the written report of parcel boundary demarcation is prepared in the form of an electronic or magnetic record, by a method specified by Ministry of Justice Order) without delay, and also give both public notice and notice to the related persons to the effect that a parcel boundary demarcation has been made, as provided for by Ministry of Justice Order.
The provisions of Article 133, paragraph (2) apply mutatis mutandis to the notice under the provisions of the preceding paragraph.
Article 145Retention of Parcel Boundary Demarcation Procedure Records
第百四十五条(筆界特定手続記録の保管)
Where notice is given to the applicant for parcel boundary demarcation pursuant to the provisions of paragraph (1) of the preceding Article, the records of the parcel boundary demarcation procedure (hereinafter referred to as the "parcel boundary demarcation procedure records") are retained at the registry office that has jurisdiction over the location of the subject parcels.
Section 4 Miscellaneous Provisions
第四節 雑則
Article 146Burden of Procedural Costs
第百四十六条(手続費用の負担等)
The applicant for parcel boundary demarcation is to bear the costs for a survey and other costs specified by Ministry of Justice Order which are incurred in the procedure for parcel boundary demarcation (hereinafter referred to as the "procedural costs").
筆界特定の手続における測量に要する費用その他の法務省令で定める費用(以下この条において「手続費用」という。)は、筆界特定の申請人の負担とする。
When there are two applicants for a parcel boundary demarcation, if one of those applicants is the registered holder of ownership or other owner for either of the subject parcels and the other applicant is the registered holder of ownership or other owner for the other subject parcel, those applicants for a parcel boundary demarcation are to bear the procedural costs equally.
When there are two or more applicants for a parcel boundary demarcation, if all of them are the registered holder of ownership or other owner for one of the subject parcels, those applicants for parcel boundary demarcation bear the procedural costs according to their shares (the share referred to in Article 59, item (iv) if there is a registration of ownership relating to the subject parcel, or the share referred to in Article 27, item (iii) if there is no registration of ownership relating to the subject parcel; the same applies in the following paragraph).
When there are three or more applicants for parcel boundary demarcation, if one or two of those applicants are the registered holders of ownership or other owner for one of the subject parcels, and the other applicants are the registered holders of ownership or other owner for the other subject parcel, one of those applicants for parcel boundary demarcation who is the single registered holder of ownership or other owner for one of the subject parcels bears the amount equivalent to half of the procedural costs, and the two or more applicants for parcel boundary demarcation who are the joint registered holders of ownership or other owner for one of the subject parcels bear the amount equivalent to half of the procedural costs according to their shares.
A registrar for parcel boundary demarcation must have the applicant for parcel boundary demarcation prepay the estimated amount of the procedural costs.
第百四十七条(筆界確定訴訟における釈明処分の特則)
When a parcel boundary demarcation is made, if an action is filed to seek a determination of a parcel boundary through civil proceedings with regard to the parcel boundary pertaining to the parcel boundary demarcation, in order to clarify the matters related to the suit pertaining to the action, the court may commission a registrar to send the parcel boundary demarcation procedure records concerning the parcel boundary demarcation. The same applies where an action is filed to seek a determination of a parcel boundary demarcation through civil proceedings, and subsequently a parcel boundary demarcation is made with regard to the parcel boundary addressed in the action.
Article 148Relationship with a Judgment on a Suit for Parcel Boundary Determination
第百四十八条(筆界確定訴訟の判決との関係)
Where a parcel boundary demarcation is made, if a judgment on an action to seek a determination of a parcel boundary filed through civil proceedings with regard to the parcel boundary pertaining to the parcel boundary demarcation becomes final and binding, the parcel boundary demarcation ceases to be effective to the extent that it conflicts with the relevant judgment.
Article 149Issuance of a Copy of a Written Report of Parcel Boundary Demarcation
第百四十九条(筆界特定書等の写しの交付等)
By paying fees, any person may make a request to a registrar for the issuance of a copy of a written report of parcel boundary demarcation or the whole or part of drawings specified by Cabinet Order, which are included in the parcel boundary procedure records (hereinafter referred to as a "written report of parcel boundary demarcation, etc." in this Article and Article 154) (if the written report of parcel boundary demarcation, etc. is prepared in the form of an electronic or magnetic record, a document certifying the content of the recorded information).
By paying fees, any person may make a request to a registrar for the inspection of parcel boundary demarcation procedure records (in the case of those prepared in the form of an electronic or magnetic record, the content of the recorded information that is indicated by a method specified by Ministry of Justice Order); provided, however, that except for the written report of parcel boundary demarcation, etc., the inspection is limited to the part in which the requester has an interest.
The provisions of Article 119, paragraphs (3) and (4) apply mutatis mutandis to the fees referred to in the preceding two paragraphs.
Article 150Delegation to Ministry of Justice Order
第百五十条(法務省令への委任)
Beyond what is provided for in this Chapter, the method for providing application information for parcel boundary demarcation, the disclosure of parcel boundary demarcation procedure records, and other necessary matters concerning the procedure for parcel boundary demarcation are specified by Ministry of Justice Order.