Article 29Examination by a Registrar
第二十九条(登記官による調査)
Where an application for a registration of a description is filed pursuant to the provisions of Article 18, or where a registrar intends to make a registration of a description by their own authority pursuant to the provisions of the preceding Article, if they find it necessary, the registrar may examine the matters concerning the description of the real property.
Where a registrar conducts the examination referred to in the preceding paragraph and if they find it necessary, they may, only during the period from sunrise to sunset, inspect the real property, request the owner of the real property or other persons concerned to present a document or matters that are recorded in an electronic or magnetic record and indicated by a method specified by Ministry of Justice Order, or ask these persons questions. In this case, the registrar must carry their identification card and present it if requested to do so by any person concerned.
Article 30Application by a General Successor
第三十条(一般承継人による申請)
Where it is possible for a heading-section owner or registered holder of ownership to be an applicant for a registration of a description, if an inheritance or other general succession is made with regard to the heading-section owner or registered holder of ownership, their heirs or other general successors may file an application for the registration of the description.
第三十一条(表題部所有者の氏名等の変更の登記又は更正の登記)
For a registration of change or a registration of correction regarding the name or address of a heading-section owner, no person other than the heading-section owner may file an application.
Article 32Registration Procedures Concerning Change to Heading-Section Owner
第三十二条(表題部所有者の変更等に関する登記手続)
No registration may be made with regard to a change to a heading-section owner or their share unless a registration of preservation of ownership is made in relation to the real property, and subsequently a procedure for registration of transfer of the ownership is performed.
Article 33Registration of Correction Regarding Heading-Section Owner
第三十三条(表題部所有者の更正の登記等)
Where the owner of real property is not the same as the heading-section owner of that real property, no person other than the owner of the real property may file an application for a registration of correction regarding the heading-section owner.
In the case referred to in the preceding paragraph, the owner of the real property may not file an application without the consent of the heading-section owner.
For a registration of correction regarding the share of a co-owner who is a heading-section owner of real property, no person other than the co-owner may file an application.
A co-owner who makes a registration of correction referred to in the preceding paragraph may not file an application without the consent of the other co-owners whose share is to be corrected as a result of the registration of correction.
Subsection 2 Registration of a Description of Land
第二款 土地の表示に関する登記
Article 34Matters to Be Registered for Registration of a Description of Land
第三十四条(土地の表示に関する登記の登記事項)
Beyond what is set forth in the items of Article 27, the matters to be registered for a registration of a description of land are to be as follows:
the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where the land is located;
土地の所在する市、区、郡、町、村及び字
the parcel number;
the land category; and
the parcel area
The necessary matters concerning the land category referred to in item (iii) of the preceding paragraph and the parcel area referred to in item (iv) of the same paragraph are specified by Ministry of Justice Order.
第三十五条(地番)
A registry office must specify the districts in which parcel numbers should be assigned (referred to as the "numbered districts" in Article 39, paragraph (2) and Article 41, item (ii)), and assign a parcel number to each parcel of land in such districts, as provided for by Ministry of Justice Order.
Article 36Application for Heading Registration of Land
第三十六条(土地の表題登記の申請)
A person who has acquired ownership of newly created land or land for which no heading registration must file an application for a heading registration within one month from the date of the acquisition of ownership.
新たに生じた土地又は表題登記がない土地の所有権を取得した者は、その所有権の取得の日から一月以内に、表題登記を申請しなければならない。
Article 37Application for Registration of Change of the Land Category or Parcel Area
第三十七条(地目又は地積の変更の登記の申請)
If there has been a change to the land category or parcel area, the heading-section owner or registered holder of ownership must file an application for a registration of change regarding the land category or parcel area within one month from the day on which such change occurred.
A person who has become a heading-section owner or registered holder of ownership after there has been a change to the land category or parcel area must file an application for a registration of change regarding the land category or parcel area within one month from the day on which a registration of correction regarding the heading-section owner or registration of ownership was made with respect to such person.
Article 38Application for Registration of Correction of the Heading Section of Land
第三十八条(土地の表題部の更正の登記の申請)
For a registration of correction regarding the matters to be registered set forth in Article 27, item (i), item (ii) or item (iv) (in the case of the matters referred to in item (iv), limited to those specified by Ministry of Justice Order) or Article 34, paragraph (1), item (i), item (iii) or item (iv), no person other than the heading-section owner or registered holder of ownership may file an application.
No person other than the heading-section owner or registered holder of ownership may file an application for registration of a parcel subdivision or parcel consolidation.
Even in the absence of the application referred to in the preceding paragraph, if part of a parcel of land has come to fall within a different land category or a different numbered district (including the smallest district called "aza" which is not a numbered district; the same applies in Article 41, item (ii)), a registrar must make a registration of a subdivision of such parcel of land by their own authority.
Even in the absence of the application referred to in paragraph (1), if a registrar finds it necessary in order to prepare a map referred to in Article 14, paragraph (1), they may make a registration of a parcel subdivision or parcel consolidation, by their own authority, only where no objection is made by the heading-section owner or registered holder of ownership prescribed in paragraph (1).
Article 40Registration of Extinction of Right upon Parcel Subdivision
第四十条(分筆に伴う権利の消滅の登記)
In cases where a registrar makes a registration of a parcel subdivision in relation to the land for which a registration of a right other than a registration of ownership is made, and if together with the application information regarding the registration of the parcel subdivision they are provided with information certifying that the registered holder of the right pertaining to the registration of the right (if the relevant registration of the right is a registration of a mortgage and mortgage securities have been issued, including the holder or endorser of the mortgage securities) has consented to having the right be extinguished for any of the subdivisions of the land (when a registration is made concerning a third party's right established over the relevant right, limited to the cases in which the information certifying that the third party has given consent is provided together), as provided for by Ministry of Justice Order, they must make a registration to the effect that the right has been extinguished in relation to the land for which the consent has been given.
登記官は、所有権の登記以外の権利に関する登記がある土地について分筆の登記をする場合において、当該分筆の登記の申請情報と併せて当該権利に関する登記に係る権利の登記名義人(当該権利に関する登記が抵当権の登記である場合において、抵当証券が発行されているときは、当該抵当証券の所持人又は裏書人を含む。)が当該権利を分筆後のいずれかの土地について消滅させることを承諾したことを証する情報が提供されたとき(当該権利を目的とする第三者の権利に関する登記がある場合にあっては、当該第三者が承諾したことを証する情報が併せて提供されたときに限る。)は、法務省令で定めるところにより、当該承諾に係る土地について当該権利が消滅した旨を登記しなければならない。
None of the following registrations of parcel consolidation may be made:
次に掲げる合筆の登記は、することができない。
a registration of consolidation of parcels of land that do not adjoin each other;
相互に接続していない土地の合筆の登記
a registration of consolidation of parcels of land which fall within different land categories or different numbered districts;
a registration of consolidation of parcels of land which belong to different heading-section owners or different registered holders of ownership;
a registration of consolidation of parcels of land where the heading-section owners or registered holders of ownership have different shares;
a registration of consolidation of a parcel of land for which there no registration of ownership is made and another parcel of land for which a registration of ownership is made; and
所有権の登記がない土地と所有権の登記がある土地との合筆の登記
a registration of consolidation of parcels of lands where a registration of a right is made other than a registration of ownership in relation to either parcel of land (excluding a parcel of land for which a registration of a right is made specified by Ministry of Justice Order as a registration that may be included in the registration record for the consolidated land)
Article 42Application for Registration of Loss of Land
第四十二条(土地の滅失の登記の申請)
In the event of the loss of land, the heading-section owner or registered holder of ownership must file an application for a registration of the loss of the land within one month from the date of the loss.
Article 43Registration of Land within a River Area
第四十三条(河川区域内の土地の登記)
The matters to be registered for a registration of a description of land within a river area referred to in Article 6, paragraph (1) of the River Act (Act No. 167 of 1964) (including as applied mutatis mutandis pursuant to Article 100, paragraph (1) of the same Act; the same applies in item (i)) are to include, beyond what is set forth in the items of Article 27 and the items of Article 34, paragraph (1), a statement to the effect that the land in question is the land referred to in item (i), and in the case of the land set forth in items (ii) through (v), also include each of the statements specified in the respective items:
land within a river area referred to in Article 6, paragraph (1) of the River Act;
河川法第六条第一項の河川区域内の土地
land within a special area of a high-grade bank referred to in Article 6, paragraph (2) of the River Act (including as applied mutatis mutandis pursuant to Article 100, paragraph (1) of the same Act);
河川法第六条第二項(同法第百条第一項において準用する場合を含む。)の高規格堤防特別区域内の土地
land within a greenbelt area referred to in Article 6, paragraph (3) of the River Act (including as applied mutatis mutandis pursuant to Article 100, paragraph (1) of the Act);
河川法第六条第三項(同法第百条第一項において準用する場合を含む。)の樹林帯区域内の土地
land within a specified greenbelt area referred to in Article 26, paragraph (4) of the River Act (including as applied mutatis mutandis pursuant to Article 100, paragraph (1) of the same Act); and
河川法第二十六条第四項(同法第百条第一項において準用する場合を含む。)の特定樹林帯区域内の土地
land within a three-dimensional river area referred to in Article 58-2, paragraph (2) of the River Act (including as applied mutatis mutandis pursuant to Article 100, paragraph (1) of the same Act)
河川法第五十八条の二第二項(同法第百条第一項において準用する場合を含む。)の河川立体区域内の土地
If the whole or part of a parcel of land has become land within a river area referred to in item (i) of the preceding paragraph, land within a special area of a high-grade bank referred to in item (ii) of the same paragraph, land within a greenbelt area referred to in item (iii) of the same paragraph, land within a specified greenbelt area referred to in item (iv) of the same paragraph or land within a three-dimensional river area referred to in item (v) of the same paragraph, the river administrator must commission a registry office to make a registration to that effect without delay.
If the whole or part of a parcel of land has ceased to be land within a river area referred to in paragraph (1), item (i), land within a special area of a high-grade bank referred to in item (ii) of the same paragraph, land within a greenbelt area referred to in item (iii) of the same paragraph, land within a specified greenbelt area referred to in item (iv) of the same paragraph or land within a three-dimensional river area referred to in item (v) of the same paragraph, the river administrator must commission a registry office to cancel the registration to that effect without delay.
If commissioning a registration pursuant to the provisions of the preceding two paragraphs in relation to part of a parcel of land, the river administrator may commission a registry office to make a registration of the parcel subdivision of the land on behalf of the heading-section owner or registered holder of ownership of the land or their heirs or other general successors.
If the whole of a parcel of land within a river area referred to in each item of paragraph (1) is lost, the river administrator must commission a registry office to make a registration of loss of the land without delay.
If part of a parcel of land within a river area referred to in each item of paragraph (1) is lost, the river administrator must commission a registry office to make a registration of change regarding the parcel area of the land without delay.
Subsection 3 Registration of a Description of a Building
第三款 建物の表示に関する登記
Article 44Matters to Be Registered for Registration of a Description of a Building
第四十四条(建物の表示に関する登記の登記事項)
Beyond what is set forth in the items of Article 27, the matters to be registered for a registration of a description of a building are to be as follows:
the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where the building is located and the parcel number of the land where the building is located (in the case of a building which is a condominium unit, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where the single building to which the building belongs as its unit is located, and the parcel number of the land where the building is located);
the building number;
the type, structure and floor area of the building;
建物の種類、構造及び床面積
if the building has a name, the name of the building;
建物の名称があるときは、その名称
if the building has any annex building, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where the annex building is located and the parcel number of the land where the annex building is located (in the case of an annex building which is a condominium unit, the city ("shi"), ward ("ku"), county ("gun"), town ("machi"), village ("mura") and "aza" where a single building to which the annex building belongs is located, and the parcel number of the land where the annex building is located), and the type, structure and floor area of the annex building;
if the building exists as a common element or a common element of a housing complex, a statement to that effect;
if the building or annex building exists as a condominium unit, the structure and floor area of the single building to which the building or annex building belongs as its unit;
if the building or annex building exists as a condominium unit, and the single building to which the building or annex building belongs as its unit has a name, the name of the single building; and
if the building or annex building exists as a condominium unit, and a right to use the site of the condominium unit prescribed in Article 2, paragraph (6) of the Condominium Unit Ownership Act (limited to those registered), which may not be disposed of separately from the proprietary elements owned by the unit owner pursuant to the provisions of the main clause of Article 22, paragraph (1) of the Condominium Unit Ownership Act (including as applied mutatis mutandis pursuant to paragraph (3) of the same Article) (hereinafter referred to as a "right of site") is attached to the condominium unit, the right of site
建物又は附属建物が区分建物である場合において、当該区分建物について区分所有法第二条第六項に規定する敷地利用権(登記されたものに限る。)であって、区分所有法第二十二条第一項本文(同条第三項において準用する場合を含む。)の規定により区分所有者の有する専有部分と分離して処分することができないもの(以下「敷地権」という。)があるときは、その敷地権
The necessary matters concerning the type, structure and floor area of the building referred to in items (iii), (v) and (vii) of the preceding paragraph are specified by Ministry of Justice Order.