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.