Judicial Scrivener Guide For Property Registration in Japan
When buying real estate in Japan, one of the most important legal procedures you must follow is registering the property under your name.
While some Japanese individuals familiar with the real estate purchase process may be able to do this on their own, for foreigners purchasing a property in Japan for the first time, it is recommended to hire a judicial scrivener to help you with the registration procedures.
After buying a property in Japan, a judicial scrivener is an indispensable ally. They can help with real estate registration, transferring ownership, and handling inheritance matters related to real estate.
What is a judicial scrivener in Japan?
Top text: Return of the Original Document. Bottom text: This is identical to the original document. Judicial Scrivener
A judicial scrivener in Japan (司法書士, shihoshoshi) is a legal professional that holds national qualifications under the Judicial Scrivener Act by passing an exam from the Ministry of Justice.
All judicial scriveners play a crucial role in various legal and administrative processes, particularly real estate and corporate property affairs.
What does a judicial scrivener in Japan do?
1. Real estate registration procedures and transfers
Judicial scriveners can handle owner and commercial registration procedures when transferring, buying, selling, donating, and inheriting real estate, including akiyas.
Judicial scriveners represent clients and insure that real estate ownership transfers are properly recorded and recognized by the government.
2. Inheritance procedures
When inheriting real estate and akiyas, judicial scriveners help with the application procedures of owner transfer. They confirm the correct heirs and facilitate agreements on the inheritance divisions among the other heirs for a smooth property ownership transition.
3. Property management under guardianship
Another service they provide is one of guardianship to protect individuals who are unable to live on their own, such as those with dementia or a physical disability.
In such cases, judicial scriveners will support their clients' management of their properties under a guardianship system and act as guardians or conservators to help manage the property on their clients' behalf.
4. Court and legal document preparation
Judicial scriveners will prepare the necessary documents for real estate-related legal matters such as civil trials, conciliation, waivers of inheritance, divorces, summary courts, and other civil affairs.
5. Debt consolidation and relief
Judicial scriveners will assist anyone with financial difficulties, such as negotiating with loan companies for voluntary liquidation or claiming reimbursement for overpayments.
They can also handle application procedures for personal bankruptcy or civil rehabilitation of personal debts.
How do I get my property registered under my name in Japan?
A judicial scrivener in Japan will complete the property registration process for you by creating and submitting the Certified Copy of Registry (登記簿謄本, tokibotohon) for transferring property ownership at the Regional Legal Affairs Bureau.
Once approved, the new ownership is recorded in the Registration Record, and the buyer will have a certified copy of the registry confirming their ownership.
Occasions where hiring a judicial scrivener is useful
With a judicial scrivener in Japan, they have the authority to confirm the payment and execute actions based on real estate transactions, registrations, and changes.
Situation |
Required Registration |
|---|---|
When the ownership changes due to buying, selling, donation, or inheritance of real estate |
Registration of Transfer of Ownership |
When constructing a new building |
Registration of Preservation of Ownership |
When taking out a home loan |
Registration of Establishment of Mortgage |
When paying off a home loan |
Registration of Termination of Mortgage |
When the owner’s address or name changes due to marriage or moving |
Registration of Alteration of Owner’s Address or Name |
Why do I need a judicial scrivener in Japan to register my property?
Technically, you do not need a judicial scrivener in Japan, as anyone with the correct know-how can handle the property registration yourself.
However, most people will hire a judicial scrivener (司法書士, shihoshoshi) to do the registration research and paperwork for the public registration record, which officially records the new and rightful ownership of the property's location and area under the new owner's name. This process always occurs when there's property buying, selling, donating, and inheriting.
Because the paperwork involved with registration transfers is complex, Japanese individuals will often opt to outsource the process to a judicial scrivener office.
Judicial scrivener fees and compensation
When using a judicial scrivener to help with your real estate registration property, their fees range from 40,000 to 200,000 yen.
The judicial scrivener fee will include document preparation and submission, representation, and ensuring compliance with all legal requirements.
How to find a judicial scrivener in Japan
Here are some common methods for finding a judicial scrivener office to help you with your real estate purchase:
In Japan, all judicial scriveners are governed by the Japan Federation of Shiho-Shoshi Lawyer's Associations (日本司法書士会連合会).
Additionally, each prefecture has its own Shiho-Shoshi association with member directories.
Quite often, the real estate agency you are working with will have a partnership with a trusted judicial scrivener and will give you a recommendation.
Some legal translation services also work closely with judicial scriveners, so if you're in touch with a legal translation service, you can ask them if they can recommend an office for you.
When choosing a judicial scrivener, make sure to validate credentials by verifying their license number or checking for their membership in the Japan Federation of Shiho Shoshi Lawyer's Association.
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How long will the registration process take when working with a judicial scrivener?
Each case is different and may have unique challenges. However, on the whole, here are the average timeframes that you can expect:
Initial consultation: 1-2 hours
Document preparation: 1-2 weeks (longer if documents need translation)
Application submission: 1 day
Processing time at Legal Affairs Bureau: 1-2 weeks for standard cases
Receipt of registration completion: 1-3 days after processing
Total timeline: Typically 2-4 weeks for straightforward cases
Frequently asked questions
What's the difference between an attorney and a judicial scrivener?
The main difference between the two is that a judicial scrivener will have more specialized property registration and documentation expertise.
How much are judicial scrivener fees in Japan?
Depending on the real estate transaction, fees range from 40,000 yen to 200,000 yen. It is recommended to get a quote before deciding on a judicial scrivener office.
Why do I need a judicial scrivener in Japan to register my property?
Technically, you do not need a judicial scrivener in Japan, as anyone with the correct know-how can handle the property registration yourself. However, because the paperwork involved with registration transfers is complex, Japanese individuals will, in most cases, opt to outsource the process to a judicial scrivener office.
In closing
The purchase process continues after you buy your property in Japan, as you need to register the property under your name.
Most people in Japan use judicial scriveners for all their property registration needs.
So, if you just bought a property in Japan, contact a judicial scrivener to ensure that your paperwork has been completed correctly.
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