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.