Why Use A Judicial Scrivener Japan For Property Registration
When buying real estate in Japan, one of the most important legal procedures you must follow is registering the property under your name. Here’s where a judicial scrivener can help you.
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 profession 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.
With judicial scriveners, transfers are legally recognized by the government and are properly recorded.
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
The service is particularly to protect individuals who make it difficult to live on their own, such as those with dementia or a physical disability.
So, 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.
Why do I need a judicial scrivener in Japan to register my property?
You actually do not need a judicial scrivener in Japan, as you 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.
This record officially notified 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.
How do I get my property registered under my name in Japan?
The judicial scrivener in Japan will complete the property registration process by creating and submitting the Certified Copy of Registry (登記簿謄本, tokibotohon) to certify the property's registration.
From there, the judicial scrivener in Japan will prepare the document to ensure all the correct paperwork meets the requirements 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.
Major real estate property registration
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 |
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.
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.
In closing
The process continues after you purchase 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 property is yours.
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