How To Return Inherited Land To The Japanese State (相続土地国庫帰属制度)
Since 2023 an heir can apply to have unwanted inherited land pass to the state, but only if it clears ten statutory conditions and only on payment of a non-refundable fee and a deposit. Who may apply, what disqualifies land, what it costs with worked figures, and what the official statistics show about why applications fail.
You inherited land in Japan that you will never use. It is a field two hours from the nearest station, or a strip of forest on a hillside, or a lot where the family house used to stand. Nobody will buy it. The municipality will not take it as a donation. You pay a small property tax bill every year, you are expected to keep the grass down from several thousand kilometres away, and the obligation passes to your own children when you die.
Since 27 April 2023 there has been a statutory way out. The Act on the Escheat of Land Ownership Acquired by Inheritance to the State (相続等により取得した土地所有権の国庫への帰属に関する法律, Act No. 25 of 2021) lets a person who acquired land by inheritance apply to the Minister of Justice to have the ownership pass to the state. If the land clears ten statutory conditions and you pay a one-off deposit, the land stops being yours.
It is not a way to abandon land, and that distinction is the whole guide. You cannot hand over land with a building on it, or a mortgage, or an unclear boundary. You pay to leave: a non-refundable examination fee of 14,000 yen per parcel, then a deposit that is 200,000 yen for land in the default category and over a million yen for some. The review takes about eight months, during which the land is still yours and you still manage it.
This guide covers who may apply, the ten conditions that disqualify land, what it actually costs with worked figures, what the official statistics show about why applications fail, and the checks you can run on the registration record before you spend anything. If you are not yet sure what you inherited or where it is, start with How To Check Inherited Property In Japan From Overseas. If you have the registration record in front of you and cannot read it, How To Read A Japanese Property Registration Record explains the sections referred to throughout.
Who is allowed to apply
The applicant must be a landowner who acquired all or part of the ownership of that land by 相続等 (Act Art. 2(1)). Article 1 defines 相続等 narrowly: inheritance, or a 遺贈 (a bequest by will), and the bequest limb is restricted to a bequest to an heir. The Ministry of Justice confirms the consequence in its Q&A: land bequeathed to somebody who is not a statutory heir falls outside the system entirely.
Three points follow that people get wrong.
There is no backward time limit. The Ministry states explicitly that land acquired by inheritance before the system opened on 27 April 2023 is covered, including land inherited decades ago. The 2023 start date restricts when you may apply, not when the death occurred.
Buying the land yourself disqualifies you, but not always. If you acquired the land by purchase, gift or any cause other than inheritance, you cannot use the system. Where you built up ownership in stages, though, the Ministry's Q&A says that if even one of your acquisitions was by inheritance, you qualify. A company is generally outside the system, for the simple reason that a company cannot be an heir. The one way in is as a joint applicant under Article 2(2), covered next.
Co-owned land needs everybody. Where land is co-owned, the application can only be made by all co-owners acting jointly (Art. 2(2)). This is the single most common practical blocker, because inherited land is usually co-owned by siblings and cousins scattered across several countries. The second sentence of Article 2(2) softens it in one direction only: a co-owner who acquired their entire share by something other than inheritance, a buyer for example, may still join, provided they act together with a co-owner who acquired a share by inheritance. So one inheriting co-owner lets the whole group in, but one missing co-owner keeps the whole group out.
If a co-owner cannot be found, the Civil Code offers a route: a court may vest the share of an untraceable co-owner in the other co-owners (Civil Code Art. 262-2(1)). Read the third paragraph before relying on it. Where the missing person's share is part of an estate that is still to be divided among co-heirs, the court cannot make that order until ten years have passed since the inheritance commenced (Art. 262-2(3)). The Ministry's own answer on this question directs applicants to a lawyer, which is the right instinct.
The five conditions that stop you applying
Article 2(3) lists five kinds of land for which an application simply cannot be made. These are 却下事由, grounds for dismissal, and an application that breaches them must be dismissed (Art. 4(1)(ii)).
- Land with a building on it. The test is the physical existence of a building, not whether it is registered, so a collapsing farmhouse that never appeared on the register still blocks the application. Demolition is at your cost, before you apply. How To Check If A Japanese Property Has An Unregistered Building covers how to find out whether a structure on your land exists on paper.
- Land with a security interest or a right of use and profit set on it. A mortgage (抵当権), a revolving mortgage (根抵当権), a superficies (地上権) or a lease all fall here. As with the building, the test is whether the right has been set, not whether it has been registered, so a lease that never reached the register can also catch you. The registered ones appear in 乙区 of the registration record, which makes that part of the check a matter of seconds once you have the record.
- Land that includes land set aside for use by others, as defined by Cabinet Order Art. 2: land currently used as a passage, land inside a cemetery, temple or shrine precincts, and land currently in use as waterworks land, a drainage or irrigation channel, or a reservoir.
- Land contaminated by designated hazardous substances above the standards in Articles 31(1) and 31(2) of the Soil Contamination Countermeasures Act Enforcement Regulations (Act Art. 2(3)(iv), Ministry Ordinance Art. 14).
- Land whose boundaries are unclear, or over which the existence, attribution or extent of ownership is in dispute.
The five conditions that stop you being approved
Article 5(1) lists five kinds of land for which approval must be refused. These are 不承認事由, and they are assessed after the Bureau has examined your papers and, usually, visited the land.
- Land with a qualifying cliff whose ordinary management takes excessive cost or effort. Both halves of that sentence are conditions. The Cabinet Order defines the cliff as a slope of 30 degrees or more and a height of 5 metres or more, both together (Order Art. 4(1)). Even then, the land is refused only if its ordinary management would take excessive cost or effort. A cliff on your land is not by itself a refusal.
- Land with objects on the surface (structures, vehicles, trees or other tangible objects) that obstruct the ordinary management or disposal of the land.
- Land with objects underground that must be removed before the land can be ordinarily managed or disposed of.
- Land that cannot be managed or disposed of without litigation with an adjoining owner or anybody else. The statute says 「隣接する土地の所有者その他の者」, so a squatter or any other party obstructing you counts, not only the owner next door. The Order defines the ground (Art. 4(2)) as: land that is landlocked under Civil Code Art. 210(1) or (2) where the statutory right of passage is actually being obstructed, and land where use or profit based on ownership is actually being obstructed, excluding obstruction minor enough not to obstruct the ordinary management or disposal of the land. Being landlocked is not itself disqualifying. The obstruction has to be live.
- A residual category defined by Order Art. 4(3): land where a disaster has occurred or may occur and non-minor works are needed to stop harm to people or property; land inhabited by wildlife, pests or other animals which are causing or may cause harm to human life or body, to crops or to trees on that land or around it, excluding harm minor enough not to obstruct ordinary management or disposal; forest land that does not conform to the municipal forest development plan and needs additional planting, thinning or tending; land where the state will certainly bear monetary obligations beyond ordinary management after it takes over; and land where you as owner bear a monetary obligation under a legal disposition that the state would inherit with the land.
Approval is decided for each parcel separately (Art. 5(2)), so a holding of several parcels can come back with some approved and some not.
What the registration record decides before you spend anything
The application form must state the location, the lot number (地番), the land category and the registered area of the land (Act Art. 3(1)(ii)), and the Ministry Ordinance adds the name and address of the registered titleholder or the owner shown in the 表題部 (Ordinance Art. 2(1)(iii)). You cannot fill in the form without the registration record.
More importantly, the record decides whether you can apply at all. The Ministry's Q&A gives this case: the deceased bought the land, the transfer of ownership was never registered, and you then inherited it. The answer is that you cannot apply, because without the registered sale there is no way to confirm that the current owner acquired the land by inheritance. The chain has to be visible on the register as far as your predecessor.
So the first thing to do is read 甲区 and see whose name is actually there, and then ask how it got from that person to you.
A chain made only of deaths is fine, however long it is. Where the applicant is not the registered titleholder, the Ministry's own list of attachments calls for the documents proving the inheritance or general succession from that titleholder: the deceased's family register from birth to death, the heirs' family registers and residence records, and the deed of estate division. A great-grandparent in 甲区 is a thicker envelope, not a closed door. What it is likely to be as well is a crowd: three or four generations of deaths leave the land co-owned by everyone who inherited a share along the way, and Article 2(2) then needs every one of them to apply together.
A transfer that was not an inheritance and was never registered is the thing that closes it. That is the case in the Ministry's Q&A above, and it is why the question to ask about each name in 甲区 is how the land left that person, not how long ago.
Note that the inheritance registration itself is not a prerequisite. The Ministry Ordinance requires proof that you acquired by inheritance only where that is not already clear from the registration record (Ordinance Art. 3(i)), and the Ministry's Q&A confirms that an application may be made with the inheritance registration still outstanding, supported by the family register documents instead.
The order to do this in
- Order the registration record for every parcel. Check 甲区 for whose name is on it and how the land got from that person to you, and 乙区 for a mortgage or any right of use and profit. That tells you whether the chain of title reaches you, and it clears the registered half of dismissal condition 2. It does not clear the rest of that condition: the test is whether a right has been set, not whether it has been registered, so an unregistered lease leaves 乙区 clean and still blocks the application. Check the tenancy agreements and who is actually using the land. And the record does not touch condition 5 at all: boundary clarity is decided on the ground and with your neighbours, never from the ownership sections, and it has its own entry in the traps below.
- Walk the land, or have somebody walk it. Three of the five refusal grounds are about physical state: objects above ground, objects below ground, and the cliff. The photographs you have to attach will show these to the Bureau anyway. This is also the visit on which the boundary points have to be found or marked.
- Count the parcels. The fee is per parcel and the deposit is usually per parcel, so a holding that looks like one field may be four lot numbers and four of everything.
- Take the free consultation. Any Legal Affairs Bureau head office in the country will discuss the system, and the Ministry says that where the land is far away you may consult your nearest head office rather than the one that will handle the application.
- Then apply. The money starts leaving at this point and does not come back.
The traps
The fee is gone the moment you file. 14,000 yen per parcel is paid by revenue stamps affixed to the application, and the Ministry Ordinance says it is not refunded once paid (Ordinance Art. 5). That holds if you withdraw, if you are dismissed, and if you are refused. Do not cancel the stamps yourself: the Bureau cancels them on receipt, and a stamp you have already marked cannot be used.
You still own the land throughout. Ownership passes to the state at the moment the deposit is paid (Act Art. 11(1)), not when you apply and not when you are approved. The Ministry spells out the consequence: until then the land is yours and you are responsible for managing it, mowing included.
The deposit has a 30 day fuse. If you do not pay within 30 days of the notice of the amount, the approval loses its effect (Act Art. 10(3)). The Ministry counts the 30 days from the day after the notice arrives. There is no extension and no appeal: the Ministry states that you have to start the whole application again from the beginning, which means paying the examination fee again. For an applicant living overseas the deposit itself can be paid electronically, as the costs section below sets out, so the thing to settle in advance is where the notice will be sent and who will act on it quickly once it arrives.
"Boundaries are unclear" is decided on the ground, not on the register. This was the second most common ground for dismissal in the published figures, and nothing in a registration certificate clears it. The Ministry's Q&A sets out two tests: the boundary with each adjoining parcel, as you understand it, has to be identifiable on site, and the adjoining owner's understanding of that boundary has to match yours with no dispute between you. The Bureau checks the first against your drawing, your photographs and the markers actually visible on the land, and checks the second by writing to the adjoining owners to ask.
Several things follow that are easy to get backwards. A survey is not required, and nor is a signed boundary agreement, though the Ministry asks for a copy of either if you happen to have one. A parcel whose 筆界 is undetermined, or that has no registered map, is not dismissed on that ground alone. But where no marker exists at a boundary point you have to set one, and it cannot be a stake you pull up after taking the photograph: it has to still be identifiable at the inspection and at the moment the land passes to the state. And if an adjoining owner objects when they receive the notice described below, that is a ground for dismissal, though the Ministry says that settling it with them so that no dispute remains can put the application back on track.
The case to take seriously is land you cannot locate on the ground at all. The Ministry says plainly that if you cannot confirm the site, and so cannot produce the required boundary and shape photographs, you cannot apply. Being able to trace the parcel on the 公図 is not a substitute.
Your neighbours will be told. When an application is received, the Bureau sends the registered owners of every adjoining parcel a notice with copies of your site drawing and your photographs (Ordinance Art. 13). If you would rather approach a neighbour about buying the land first, do it before you apply, not after.
The inheritance registration duty keeps running. An heir who acquires ownership must apply to register it within three years of learning both that the inheritance commenced and that they acquired the ownership (Real Property Registration Act Art. 76-2(1)), on pain of a non-penal fine of up to 100,000 yen (Art. 164(1)). Nothing in the escheat Act suspends that duty, the examination takes about eight months, and the Ministry confirms that if you withdraw or are dismissed or refused you remain the owner and still have to register. The cheap way to discharge it while the escheat application runs is the 相続人申告登記, a declaration to the registrar that the inheritance has commenced and that you are an heir (Art. 76-3(1)). Made within that same three year period, it is deemed to perform the Article 76-2(1) duty, though not as to an acquisition under a division of the estate made before the declaration (Art. 76-3(2)). And if a division of the estate after the declaration is what gives you the land, a fresh three year clock runs from the date of that division (Art. 76-3(4)), carrying the same fine.
Two things soften that, and both matter on a page about land inherited decades ago. If the death was before the duty commenced on 1 April 2024, the three years run from the later of the day you learned and 1 April 2024 (supplementary provisions to Act No. 24 of 2021, Art. 5(6)), so the Ministry puts the deadline at 31 March 2027 for everyone who already knew, and at three years from the day of learning for anyone who learned in April 2024 or later. The same later-of substitution is made for the separate three years that run from a division of the estate under Article 76-2(2). And the fine is not automatic: the Ministry states that a registrar refers the matter to the court only after demanding the application within a set period and being ignored without a legitimate reason.
The property tax may outlive the transfer by a year. The state registers its ownership after the land escheats. The Ministry's Q&A explains that if that registration completes by 1 January, the state is entered on the fixed asset tax ledger and you stop paying. An approval in December may mean a registration in January, in which case you pay the following year's property tax even though the land is no longer yours. How To Pay Japanese Property Tax From Overseas covers the mechanics of that last bill.
Nobody tells you it is finished. The state's registration is made by official commission, and the completion certificate goes only to the body that commissioned it. The Ministry's Q&A says the applicant is not notified, and that if you need proof that ownership moved you have to order a registration certificate (登記事項証明書) yourself.
If the applicant dies mid-review, there is a 60 day window, and it starts at the death. Where the applicant dies before the examination finishes, the person who inherits the land may continue the application by notifying the Bureau, with evidence of the succession, within 60 days of the day the applicant died. Without that notification the application is dismissed. The Ministry answers this point directly because it is easy to get wrong: where the heirs settle the estate and one of them takes this parcel, the 60 days still run from the death and not from the date of the division, so waiting for the division to conclude can lose the application.
Concealing a defect is actionable. If a disqualifying ground existed at the time of approval and you knew about it and did not disclose it, you are liable to the state for the resulting loss (Act Art. 14). The liability turns on knowledge, not on the defect alone. Separately, approval obtained by deception or other wrongful means may be revoked (Art. 13(1)).
What it costs
There are two payments and they work differently.
The examination fee is 14,000 yen for each parcel (Cabinet Order Art. 3), paid in revenue stamps when you file, never refunded.
The deposit (負担金) is calculated as ten years of the standard cost of managing state land of that type (Act Art. 10(1)), and is paid once only. Cabinet Order Art. 5 puts land into four categories, and the category, not the size, is what usually decides the bill.
Category four is the default, and it is a flat 200,000 yen. It is a residual category catching everything that is not in the three scaled categories below: residential land that is in neither an urbanisation promotion area nor a use district, farmland outside all of the designated zones, miscellaneous land, moorland. Rural land far from any planning or agricultural designation falls here, and the bill does not move with the size of the parcel.
The three scaled categories are:
- Residential land inside an urbanisation promotion area (or, where no area division has been drawn, inside a use district). Read the definition in Order Art. 5(1)(i) carefully: for this purpose residential land means land that can immediately serve as a building site judged on its present and former use, which is a functional test and not the registered land category. A 100 square metre lot comes to 548,000 yen; 200 square metres comes to 793,000 yen.
- Land mainly used as farmland inside an urbanisation promotion area, an agricultural land zone, or a land improvement project area. The first of those three carries the same extended reading as in the bullet above, because Order Art. 5(1)(i) says in terms that it applies to the following item as well (次号において同じ): in a city planning area with no area division, farmland inside a use district is caught. 1,000 square metres comes to 1,128,000 yen, which is more than a 200 square metre urban building plot. Farmland in these zones is the expensive case, and farmland outside all of them drops to the 200,000 yen flat rate.
- Land mainly used as forest. 3,000 square metres comes to 299,000 yen.
Amounts are rounded down to the nearest 1,000 yen (Order Art. 5(2)). The Ministry publishes an official calculation spreadsheet for the three scaled categories.
One lever is worth knowing about. Cabinet Order Art. 6 lets you ask for two or more adjoining parcels to be treated as a single parcel for the deposit calculation, provided they fall in the same category. Two adjoining 3,000 square metre forest parcels cost 598,000 yen assessed separately and 335,000 yen assessed as one 6,000 square metre parcel. Two adjoining flat-rate parcels cost 400,000 yen separately and 200,000 yen merged. The Ministry notes that the request must be filed with the same head office, at any point between filing the application and the approval being given, and that the parcels must share a category: adjoining residential land and forest cannot be merged. The examination fee stays at 14,000 yen per parcel either way.
Payment is made against a payment notice, and the Ministry's Q&A gives two methods: in person at the Bank of Japan or one of its agents, which in practice means an ordinary bank, Japan Post Bank, a credit union or an agricultural cooperative but not a simplified post office, or electronically, by entering the collection agency number on internet banking, mobile banking or a bank ATM. The electronic route is the one that matters if you are not in Japan. Cash cannot be handed over at the Legal Affairs Bureau.
Note that the two payments differ here. The examination fee can only be paid in revenue stamps: the Ministry says receipts and cashless payment are not accepted for it. The deposit is the one that can be paid electronically.
Two further points from the Q&A are worth knowing before the notice arrives. Paying after the deadline does not rescue the approval: a late payment is invalid, the approval has already lapsed, and the money is refunded as an overpayment. And nobody forces you to pay at all. If the deposit comes back higher than you expected, the Ministry says declining to pay is a legitimate choice, and the approval simply expires after the thirty days. The deposit cannot be paid in instalments, and where there are co-owners one of them has to collect the money and pay it as a single sum.
Where it goes and how long it takes
The application goes to the real property registration division of the competent Legal Affairs Bureau or District Legal Affairs Bureau head office, meaning the one whose territory contains the land (Ministry Ordinance Art. 1). In most of the country that is one head office per prefecture, but not everywhere: the Ministry notes that Hokkaido is divided between four of them, so check which one covers the parcel rather than assuming the prefecture settles it. The Ministry also warns that branch offices cannot accept applications. Where adjoining parcels fall under two or more head offices, filing with any one of them is enough (Art. 1 proviso). You may file at the counter or send the papers by registered post or Letter Pack Plus.
The standard processing period is eight months, and the Ministry says individual cases can run past it.
The mandatory attachments (Ordinance Art. 3) are a drawing showing the position and extent of the land, photographs showing the shape of the land, photographs showing the boundary points with each adjoining parcel, your seal certificate, and a written consent to the official commission of the registration into the state's name. Where the register does not already show that you acquired by inheritance, the family register documents proving it go in as well. If you took the land by bequest rather than on an intestacy, that proof is required whether or not you are the registered owner, and the will goes in with it. There is a good reason for the difference: a registration made on a bequest records the cause and the date, but nothing on the register shows that the person who received it was an heir, and that is the fact Article 1 of the Act turns on.
The Ordinance list is not the whole envelope. The Ministry's own list of what is checked when an application is received adds the 土地の状況に関するチェックシート, a checksheet on the condition of the land that comes with the application form, so download the current form package rather than assembling the Ordinance list by hand. That checksheet is worth reading early rather than filling in last, because it spells out traps the bare statute does not. Two of them hit the commonest kinds of unwanted inherited land. For forest, it treats a forestry management or operation contract with a forestry cooperative, and an 入会権 or management rights over the land, as rights caught by dismissal condition 2, and a contract to sell standing timber to a third party as caught by refusal ground 4. For a resort plot, it treats the kind of trouble where a resort-land management association bills you for management fees as caught by refusal ground 4. None of those appear in 乙区. The same list is a good last pass before you seal anything: the right head office as addressee, the revenue stamps affixed and not cancelled by you, the registered seal with its certificate, the consent boxes, and contact details the Bureau can actually reach you on.
There are three consent boxes on the current form, not two. The first lets the Bureau obtain the fixed asset tax ledger entry for the land (its location and lot number, and its current category and area as assessed) from the municipality, and the Ministry says it is unnecessary only if you attach a fixed asset valuation certificate yourself instead. The second is the consent to the official commission of the registration into the state's name required by Ordinance Art. 3(vii). The third is the land-utilisation one discussed above, and it is worth knowing what it actually releases: the fact of the application, the location and lot number, the applicant's name, the site drawing and both sets of photographs. That last one is not a formality. The Bureau telephones applicants to arrange the site inspection and to query the papers, and the Ministry asks to be told if your address, whereabouts or name change while the application is running.
If you live outside Japan, read Ordinance Art. 2 before you worry about the seal certificate. The application normally carries a registered seal with a municipal seal certificate attached, which an applicant with no Japanese residence registration cannot obtain. Article 2(1) provides an alternative: where the application has been signed and that signature authenticated by a notary or an equivalent officer, the registered seal is not required, and Article 2(3)(ii) then drops the seal certificate requirement with it. Confirm the form of authentication the office will accept with the head office handling your land before you send anything, because this is the step most likely to come back.
What the statistics actually show
The Ministry publishes running figures. As of 31 August 2026 (preliminary, published 16 September 2026): 5,997 applications had been made, covering 2,335 parcels of farmland, 2,091 of residential land, 902 of mountain forest and 669 of other categories. Of those, 3,119 parcels had escheated to the state, 85 applications had been dismissed, 100 had been refused approval, and 1,139 had been withdrawn.
The Ministry does not publish a success rate. On its own figures, those four outcomes account for 4,443 of the 5,997 applications, the remaining 1,554 not having reached one of them: within the 4,443, roughly 70 per cent ended with the land passing to the state, roughly 26 per cent were withdrawn, and roughly 4 per cent were dismissed or refused.
Read that against the fear that the state turns everything down. It mostly does not. What it does is make applicants withdraw: 405 of the 1,139 withdrawals came after the applicant learned the application would be dismissed or refused, which is the screening happening late and at the applicant's expense.
The stated reasons repay attention, because they are not evenly spread and a single case may be recorded under more than one reason. The leading ground for dismissal was missing attachments (37 cases), then unclear boundaries (23), then land currently used as a passage (22). The leading ground for refusal was objects above ground obstructing management (46 cases), then forest needing additional work by the state (37). The cliff rule, which dominates the discussion of this system, accounted for 7.
The two largest causes are therefore paperwork and clutter, and both are fixable before you file. Clearing abandoned vehicles, demolished material and overgrown planting off a parcel costs money, but it costs less than a refusal and a second 14,000 yen.
One last figure is worth carrying away. Of the 1,139 withdrawals, 586 were recorded as withdrawn because a prospect of effective use for the land had emerged. The Ministry gives three examples of what that meant: a municipality or a state body decided to use the land, an adjoining owner offered to take it, or the agricultural committee arranged for it to be farmed. It does not say that every one of those 586 ended in a completed transfer, so read the figure as what it is: in just over half of all withdrawals, something better than escheat came into view.
If you want that to happen to your parcel, there is a box to tick. The application form carries a consent box for passing the application details to the state, to local authorities and to bodies working on land utilisation, so that an interest in taking the land can be sought. What goes across is set out on the form itself: the fact of the application, the location and lot number, the applicant's name, the site drawing and both sets of photographs. The Ministry's Q&A is explicit that without that consent the enquiry is not made at all and the Bureau simply gets on with examining the application. (Information does still go to the ministries that would manage the land after escheat, consent or not, because the law requires it.) The Ministry also says this enquiry is not something the Bureau will make at the consultation stage, only after an application has been filed and only with consent. So applying, with the box ticked, is one of the few things that makes somebody local look at your land and decide what it is for.
Can I apply if I live outside Japan?
Yes. Nothing in the Act requires the applicant to reside in Japan. The practical obstacle is the registered seal and seal certificate, for which Ministry Ordinance Art. 2 provides a notarised signature alternative. The deposit is less of a problem than it looks: the Ministry's Q&A allows electronic payment through internet or mobile banking or a bank ATM, so no trip is needed, though the thirty day clock still starts when the notice arrives at whatever address you gave. Settle the authentication question with the head office handling the land before you file.
Do I have to complete the inheritance registration first?
No. The Ministry Ordinance requires proof of your acquisition by inheritance only where the registration record does not already show it (Art. 3(i)), and the Ministry confirms you may apply with the inheritance registration outstanding, attaching the family register documents instead. The separate three year duty to register under Real Property Registration Act Art. 76-2(1) still applies, and you are still the owner if the application fails.
What if the land was bought by my parent and never registered in their name?
Then you cannot apply. The Ministry's Q&A is explicit: where the sale was never registered, there is no way to confirm that the present owner acquired by inheritance. The missing transfer has to be registered first.
My land is in a cemetery, or there is a path across it. Does that disqualify it?
Land inside a cemetery, temple or shrine precincts, land currently used as a passage, and land currently used as waterworks land, a drainage or irrigation channel or a reservoir are all listed in Cabinet Order Art. 2 and cannot be applied for. "Currently used as a passage" was the third most common ground for dismissal in the published figures, so a track that neighbours use across a field is a real risk, not a technicality.
Can I hand back just one of several parcels?
Yes. Approval is given parcel by parcel (Act Art. 5(2)), and the application form is prepared for each parcel unless the same applicant files for several at the same time (Ordinance Art. 4). Each parcel carries its own 14,000 yen fee.
How much will it cost in total?
For a single parcel in the default category: 14,000 yen on filing and 200,000 yen after approval, so 214,000 yen. For a 200 square metre building plot inside an urbanisation promotion area: 14,000 plus 793,000. For 1,000 square metres of farmland inside an agricultural land zone: 14,000 plus 1,128,000. Add the cost of demolishing any building, clearing anything bulky, and fixing an unclear boundary, each of which is a disqualifying condition in its own right.
Is there anything cheaper than this?
Often. The withdrawal figures suggest the first calls to make are to the municipality, to the neighbouring owners, and for farmland to the agricultural committee: those are the three examples the Ministry gives of the prospect of use that lay behind 586 withdrawn applications. Whether each of those ended in a completed handover is not published, but all 586 found something worth stopping the application for, before any deposit was paid. If you do apply, tick the consent box on the form, because without it the Bureau makes no enquiry of those bodies on your behalf. A sale at any price, even a nominal one, also beats paying to give the land away.
When should I talk to a professional?
Where the land is co-owned and a co-owner cannot be traced, where the chain of title does not reach you on the register, where a boundary is genuinely uncertain, or where an inheritance was never settled.
Know what a professional can and cannot do here, because this system is unusual. Apart from a statutory representative such as a parent or a guardian, the procedure cannot be delegated at all: the Ministry says agency for the application is not permitted, the applicant has to make the application personally, the form carries the applicant's own name and seal, and the decision is notified to the applicant personally. If you are overseas, that is the reason the notarised signature route in Ordinance Art. 2 matters, and it is why there is no arrangement under which somebody in Japan simply handles this for you.
What can be delegated is the paperwork and the site visit. Preparing the application and its attachments on your behalf, as a business, is restricted to lawyers, judicial scriveners (司法書士) and administrative scriveners (行政書士). And where the Bureau asks you to attend the on-site inspection, the Ministry says you may ask anyone you choose to deal with that for you.
For a boundary problem specifically, those three are not the profession to call. The Ministry separately points applicants whose land has an unclear location or an unclear boundary to a 土地家屋調査士 (land and house investigator), the profession with the expertise in 筆界, and suggests consulting one before applying rather than after. For anything turning on the state of the register, the Legal Affairs Bureau head office that will handle the application is the right first call, and the consultation is free.
Where do I start today?
Order the registration record for each parcel and read 甲区 and 乙区. That single document answers whether the title chain reaches you, whether a mortgage or a right of use blocks the application, whether there is an ownership dispute on the record, and gives you the lot number, land category and registered area the application form asks for. Order a land registration record if you do not have one, or use the lot number lookup if you know the address but not the 地番.
Official sources first. Statutory text was read from the e-Gov law database, which carries the current consolidated version of each law.
- e-Gov: Act on the Escheat of Land Ownership Acquired by Inheritance to the State (相続等により取得した土地所有権の国庫への帰属に関する法律), Act No. 25 of 2021, current text. Digital Agency e-Gov law database, official. Article 1 (the definition of 相続等, and the restriction of the bequest limb to a bequest to an heir), Article 2 (paragraph 1 on who may apply, paragraph 2 on the joint application by all co-owners and the admission of a co-owner who acquired otherwise than by inheritance, paragraph 3 on the five grounds for dismissal), Article 3 (the application form, the location, lot number, land category and area, and the fee), Article 4 (dismissal), Article 5 (paragraph 1 on the five grounds for refusing approval, paragraph 2 on approval being given parcel by parcel), Article 10 (the deposit, ten years of standard management cost, and the loss of effect in paragraph 3 after thirty days), Article 11(1) (ownership passes to the state on payment), Article 13 (revocation of an approval obtained wrongfully), Article 14 (liability in damages where the applicant knew of a ground and did not disclose it), Article 15 (delegation to the head of a Legal Affairs Bureau).
- e-Gov: Enforcement Order of the Act (令和4年政令第316号), current text. Digital Agency e-Gov law database, official. Article 2 (the four kinds of land set aside for use by others), Article 3 (the examination fee of 14,000 yen per parcel), Article 4(1) (the cliff standard of 30 degrees or more and 5 metres or more, both together), Article 4(2) (landlocked land where the statutory passage is actually obstructed, and land where use or profit is actually obstructed), Article 4(3) (disaster risk, wildlife and pests, forest not conforming to the municipal forest development plan, and land carrying monetary obligations the state would bear), Article 5 (the four deposit categories and their tables, and rounding down to the nearest 1,000 yen in paragraph 2), Article 6 (treating two or more adjoining parcels as one for the deposit).
- e-Gov: Enforcement Regulations of the Act (令和5年法務省令第1号), current text. Digital Agency e-Gov law database, official. Article 1 (filing with the head of the Legal Affairs Bureau or District Legal Affairs Bureau for the land's location, and the proviso allowing any one of them where adjoining parcels span jurisdictions), Article 2 (the proviso to paragraph 1 dispensing with the registered seal where the signature is authenticated by a notary or equivalent, item 3 of paragraph 1 on naming the registered titleholder, and paragraph 3 on the seal certificate and its exceptions), Article 3 (the attachments, and item 1 requiring proof of acquisition by inheritance only where that is not clear from the registration record), Article 4 (one application form per parcel), Article 5 (payment by revenue stamp, and no refund), Article 13 (notice to the owners of adjoining land), Article 14 (the designated hazardous substance standard), Article 19 (payment against a payment notice), Article 22 (delegation of powers).
- e-Gov: Real Property Registration Act (不動産登記法), Act No. 123 of 2004, current text. Digital Agency e-Gov law database, official. Article 76-2 (the three year duty to apply for registration of an acquisition by inheritance), Article 76-3 (the heir's declaration, the deemed performance in paragraph 2, and the fresh three years after a division of the estate in paragraph 4), Article 164(1) (the non-penal fine of up to 100,000 yen). The transitional rule for inheritances that commenced before 1 April 2024 is in the supplementary provisions to the amending Act, Article 5(6), read in the consolidated text on this page.
- e-Gov: Civil Code (民法), Act No. 89 of 1896, current text. Digital Agency e-Gov law database, official. Article 262-2 (acquisition of the share of an untraceable co-owner, and the bar in paragraph 3 until ten years after the inheritance commenced).
- e-Gov: Act Partially Amending the Civil Code and Other Acts (民法等の一部を改正する法律), Act No. 24 of 2021. Digital Agency e-Gov law database, official. Supplementary provisions Article 5(6), which applies Article 76-2 to inheritances that commenced before the duty took effect and substitutes "the later of the day of learning and the commencement day" for the start of the three years.
- Ministry of Justice: 相続登記の申請義務化について. Ministry of Justice, official. The 1 April 2024 commencement, the 31 March 2027 deadline for inheritances that commenced earlier, and that a registrar refers a case to the court for the fine only after demanding the application within a set period and being ignored without a legitimate reason.
- Ministry of Justice: 相続土地国庫帰属制度について. Ministry of Justice, official. The purpose of the system and the start date of 27 April 2023.
- Ministry of Justice: 相続土地国庫帰属制度の概要. Ministry of Justice, official. Who may apply, that land inherited before the system opened is covered, that applications go to the head office and that branch offices cannot accept them, where to seek a consultation, the 14,000 yen fee and its non-refundable nature, how to file and what to attach, and the 60 day notification where the applicant dies during the examination.
- Ministry of Justice: 承認申請書の様式, single applicant (PDF). Ministry of Justice, official. The current application form: the attachment checkboxes, the three consents in section 7 (the fixed asset tax ledger enquiry, the registration commission, and the land-utilisation disclosure together with the list of what it releases), and the 別紙 land-condition checksheet with its category-specific items for forest and resort land.
- Ministry of Justice: 相続土地国庫帰属制度の負担金. Ministry of Justice, official. How the deposit is conceived and that it is paid once, payment against a payment notice at the Bank of Japan or an agent institution, that cash cannot be paid at the Legal Affairs Bureau, that failing to pay within 30 days of the day after the notice arrives makes the approval lose its effect and forces a fresh application, and the conditions and timing of the Cabinet Order Article 6 request.
- Ministry of Justice: 相続土地国庫帰属制度に関するQ&A. Ministry of Justice, official. The eight month standard processing period, that the applicant manages the land until the deposit is paid, that an application may be made with the inheritance registration outstanding, that an unregistered earlier sale blocks the application, that one acquisition by inheritance among several is enough, that a bequest to a non-heir is outside the system, that revenue stamps must not be cancelled by the applicant, that the completion certificate for the state's registration does not reach the applicant, and the relationship between the fixed asset tax and 1 January. Also the two tests for whether a boundary is clear and how each is checked, that a survey and a boundary agreement are not required, that an undetermined 筆界 is not itself fatal, that boundary markers must be permanent, that land which cannot be located on site cannot be applied for, that Hokkaido is split between four head offices, the two payment methods for the deposit including electronic payment, the consent box governing the enquiry to local authorities, the reception checklist including the 土地の状況に関するチェックシート and reachable contact details, and that the 60 days after an applicant's death run from the death and not from a later division of the estate.
- Ministry of Justice: 相続土地国庫帰属制度の統計. Ministry of Justice, official. Applications, escheats, dismissals, refusals and withdrawals as of 31 August 2026, with the breakdown of reasons (preliminary figures).
- Ministry of Justice: 相続土地国庫帰属制度における専門家の活用等について. Ministry of Justice, official. That agency for the application is not permitted except through a statutory representative and the applicant must apply personally with their own name and seal, that preparing the documents as a business is restricted to lawyers, judicial scriveners and administrative scriveners, that a 土地家屋調査士 is the profession to consult where the location or boundary is unclear, and that a third party may deal with the on-site inspection.
Where a co-owner cannot be traced, where the chain of title on the register does not reach you, or where an estate has never been divided, confirm the position with the Legal Affairs Bureau (法務局) or a judicial scrivener (司法書士) before you file anything.
Confirm Japanese property ownership
See who owns a Japanese land or house before you buy
Foreign buyers can establish who legally owns a Japanese land or house by ordering its official property registration record (touki) on Japan Property Research, in English, showing the registered owner, rights, and any mortgages. The record is requested by lot number, so pinpoint the parcel on the map first, then order the record for ¥1,500, delivered by email and saved to your account.
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