立退き・借家関係の資料を読むための基礎

Why This Subject Matters

Japanese real-estate records are not a single, centralised database. They are fragmented across local Legal Affairs Bureaus (法務局), municipal planning departments, and archived corporate registries. When you are researching a property for redevelopment, renovation, or tenant relocation, the key is not to find one magic document; it is to build a chronological evidence file that connects the land register, cadastral map, building confirmation records, and planning permission history. The sections below explain how to read those records and how to organise them for a due-diligence question about tenancy and relocation.

This subject restores a historical research topic associated with the NEEDS domain. The former operator’s archived notes on redevelopment case studies and procedural timelines are not reproduced here. The method below is current and neutral, and it directs you to the primary official sources you need.

Who This Method Helps

This method suits you if you are:

A property investor evaluating a Japanese asset for redevelopment. You need to verify ownership chains, encumbrances, and zoning constraints before purchase.
A tenant in an older structure facing demolition or eviction. You need to understand lease protection laws and whether an eviction notice is valid.
An academic researcher studying urban regeneration or land-use policy. You need historical cadastral records and planning committee minutes.
A due-diligence adviser or consultant. You need to know which official registries are authoritative and how to cross-reference conflicting entries.
An heir or family member dealing with inherited vacant property. You need to trace ownership through the koseki (family registry) and land register.

Skip this method if you are seeking a single, guaranteed formula for compensation during tenant relocation. The sections below cover the evidence framework, not negotiation tactics. If you need current market prices or rental comparables, consult a licensed real-estate appraiser or the Japan Real Estate Institute’s published statistics. If you need a lawyer or agent referral, use the Japan Federation of Bar Associations or the Japan Association of Real Estate Agents.

What “立退き・借家関係” Means and Why the Records Matter

立退き (tachinoki) means vacating or moving out; 借家 (shakuyā) means a rented house or leased dwelling. In Japanese property research, the two words usually appear together in lease-eviction and redevelopment documents. A researcher who only looks at a current lease or a current owner’s name will miss the decisive records: the cadastral history, the building confirmation file, and the planning designation that controls whether a site can be rebuilt at all.

The method below gives you a way to read those records. It does not calculate compensation and does not replace a licensed Japanese lawyer, 土地家屋調査士 (land and building surveyor), 司法書士 (judicial scrivener), or 不動産鑑定士 (real-estate appraiser).

Why Japanese Property Records Are Fragmented

Japanese property records are not one database. The official land register (登記簿) is kept by the Legal Affairs Bureau (法務局) that has jurisdiction over the parcel’s location. Cadastral maps (地図) are maintained in the same bureau but are a separate layer, and they are not always fully aligned with the register text. Municipalities hold building confirmation applications (建築確認申請), fixed asset tax registers (固定資産税台帳), and planning maps (都市計画図). Corporate and inheritance files live in yet another set of archives. There is no single private-use national portal.

For any project, verify each document against the issuing office and ask a Japanese attorney or 土地家屋調査士 (land and building surveyor) to confirm the legal effect.

What the Records Can and Cannot Tell You

The Land Register

The official land register (登記簿) tells you who is recorded as owner, what mortgages or easements are registered, and the parcel’s legal dimensions. It does not tell you who physically lives in the structure, whether a lease has been renewed informally, or whether a tenant has protection under the Land and Building Leases Act.

The Cadastral Map

The cadastral map (地図) shows parcel boundaries, but the actual built boundary may differ due to unregistered easements or encroachments.

Building Confirmation and Planning Documents

A building confirmation application (建築確認申請) shows the approved design at a point in time, not the current condition of the structure. An urban planning map (都市計画図) shows zoning and road reservations, but does not guarantee that a project can obtain a building permit under current rules.

The Fixed Asset Tax Register

The fixed asset tax register shows assessed value, which is typically 50-70% of market price, so it cannot be used as a market proxy. These records are complementary, not interchangeable.

The Legal Frame for Tenant Relocation

For tenant relocation, the key legal frame is the Land and Building Leases Act (借地借家法). The act distinguishes between land leases (借地) and building leases (借家). For a building lease (借家契約), the tenant’s right is protected by the act’s just-cause requirement; a landlord who wants non-renewal or eviction must show “just cause” under Article 28. Just cause is judged by comparing the landlord’s need for the property (including the need to demolish and rebuild) against the tenant’s need for continued housing. The act also requires notice for non-renewal: typically six months before the lease term ends for building leases (借家), and one year for land leases (借地), though the exact periods can be modified by contract terms. For shop leases, the same statutory framework applies, but the practical analysis also depends on the business’s goodwill value and the legal category of the lease.

Compensation during relocation is not a fixed formula. The legal basis is the Land and Building Leases Act (借地借家法), particularly articles concerning justifiable cause for non-renewal and tenant protection. For redevelopment under the Urban Redevelopment Act, tenants may receive compensation for moving costs, loss of business, and difference in rent over a specified period. The actual amount depends on the lease type, remaining term, and the progress of the project. There is no universal payout formula; any figure must be negotiated or adjudicated under the specific facts and current law.

Core Records to Locate

Distinguish the three main categories of property records before you begin:

The land register (登記簿): ownership, mortgages, easements, parcel dimensions.
The cadastral map (地図): parcel boundaries, adjacent parcels, road reservations.
The building confirmation application (建築確認申請): approved design, construction date, compliance at the time of filing.

Understand the difference between the land register and the fixed-asset tax register. Relying on the tax register alone can mislead a due-diligence review because it shows assessed value, not ownership, and its dimensions may not match the legal parcel.

Reading a Land Register Efficiently

Obtain the register from the Legal Affairs Bureau that has jurisdiction over the parcel’s location.
Check Section A (title section): parcel number, land type, area.
Check Section B (rights section): ownership history, mortgages, easements, attachments.
Note any registered lease term, but remember that registered lease terms may not reflect the tenant’s actual protection under the Land and Building Leases Act. An unregistered renewal or an oral agreement can alter the tenant’s legal position.

Using the Koseki to Trace Inheritance

Use the koseki (family registry) to trace inheritance when the registered owner is deceased or the chain of title is unclear. Koseki access is restricted to direct family members and authorised legal representatives, so you may need to engage a judicial scrivener (司法書士) to obtain and interpret the relevant extracts.

Reading an Urban Planning Map for Redevelopment Potential

Locate the planning map (都市計画図) at the municipal planning department.
Identify the zoning classification, floor-area ratio, and building-coverage ratio.
Check for road reservations, fire-protection zones, and height-control districts.
Note that a single minority co-owner can block redevelopment under the condominium reconstruction rules, so verify the ownership structure of the entire parcel and any shared building.

A Practical Reading Workflow

Start with the land register to establish the legal owner and registered rights.
Pull the cadastral map and compare boundaries with the register text.
Request the building confirmation application from the municipality to confirm the approved design.
Check the fixed asset tax register for assessed value, but do not treat it as a market figure.
Review the urban planning map for zoning, road reservations, and redevelopment constraints.
If inheritance is involved, obtain the koseki through a judicial scrivener.
For tenancy questions, examine the lease contract and cross-reference it with the Land and Building Leases Act protections.

Boundaries and Next Steps

This method does not replace a licensed professional. Legal advice is essential when a lease dispute, eviction notice, or redevelopment negotiation is active. To find licensed professionals, contact the Japan Federation of Bar Associations for an attorney referral, the Japan Association of Real Estate Agents for a licensed agent, or the relevant professional association for a 土地家屋調査士, 司法書士, or 不動産鑑定士. For any project, verify each document against the issuing office and ask a Japanese attorney or land and building surveyor to confirm the legal effect.