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Home > Study > Rights of Property​ > Rights to the land and Rights to the building

Rights to the land and Rights to the building

The right to the land and the right to the building can be broadly divided into the following three.
 a. Ownership which is the right to dominate the real estate in full
 b. Leasehold rights, tenant rights, etc. that are the right to use real estate by others
 c. Mortgage as a right to make real estate as collateral for claims

① Rights to Land 
Among the rights to land, the most important are ownership and leasehold rights.

 A.Ownership
Ownership is the right for the owner to freely use, revenue, and dispose of possessions within the limits of laws and ordinances. limits of laws and ordinances. Ownership possesses a single thing owned by one person or a case where it is owned jointly by multiple people (shared).
​
 B.Leasehold Rights
Leasehold right is the right to set ground rights on land or rights to lease land as purpose of owning building on Leased Land and House Lease Law/Old Land Lease Law. The superficies are real right, the land lease is credit.

Regarding leasehold rights, there are cases which rent land on a standalone basis and rent land jointly by multiple people (semi-share of leasehold rights). The loan to use refers to the right to use the land without paying the consideration for land use, and it is not the leasehold right stipulated by the Land Lease Tenancy Act and the Old Land Lease Law.(Therefore, there is no receive of protection on the Leased Land and House Lease Law).

② Rights to Building
Among the rights to buildings, the most important are ownership and tenants rights.

 A.Ownership 
Ownership of the building has ownership of the building and divisional ownership of the building.
  a.Ownership of one building 
    It is a common case that owns a building, like ownership of a detached house.

  b.Classification ownership
    When parts of one building are classified according to the structure, such as condominiums, if they can be used independently for housing, shops, offices, etc., it is possible to subject each part to ownership. This is called classification ownership.

 B.Tenants Rights(rights to building lease)
   Building lease rights are subject to the Leased Land and House Lease Law as tenants rights.
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Real Estate agent in Kyoto, Buy and Sell, Leasing, Renovation and Construction, Management for Investment and Vacation Property, Professional Services for International Customers. We deal in KyoMachiya houses, detached and attached Houses, new and old Condominium Apartments, Block of Apartments and Buildings for Commercial, Residential and Investments use, Manage and Support Operation and New Development of Guesthouse, Ryokan and Hotel, Total Supports for Land and Buildings Real Estate in Kyoto.
Yours sincerely, Founder Ken Hayashi
Real Estate Broker Company License No. Kyoto-Fu Governor ( 1 ) 14044 , ​Member of Kyoto Association of Residential Land Building Business
  • Home
  • Study
    • Rights of Property >
      • Real Right and Credit
      • Rights to the land and Rights to the building
    • the Building Lots and Buildings Transaction Business Act >
      • Laws Related to Real Estate Transaction in Japan
      • (1) Laws Concerning Land Use
      • (2) Laws Concerning Construction of Buildings
      • (3) Laws Regulating Real Estate Companies
      • (4) Laws and Regulations Concerning Advertisement
      • (5) Laws Concerning Contracts Including Sales Contracts and Lease Contracts
      • (6) Laws concerning Titles and Rights
      • (7) Laws Concerning Real Property Registration
      • (8) Laws Concerning Condominium Management
      • (9) Laws Concerning Defects (Faults, etc.) of Housing Properties
    • How to and Procedures >
      • Process of Real Estate Sale
      • Process of Real Estate Purchase
      • Cost by Transaction
      • Important Points Explanation
      • Real Estate Sales Contract
      • Property Condition Confirmation
      • Facilities and Equipment List
    • Building Management >
      • Process of Residential Property Management
      • Process of Real Estate Leasing >
        • Idea of Lease Agreement
      • Process of Vacation Home Management
    • Related Acts
    • Glossary >
      • Real Estate Glossary in Japan
    • Tax in Japan >
      • Consumption Tax
      • Property Tax
      • Capital Gain Tax
      • Withholding Tax
      • Taxes on Gifts and Inheritances
    • Q&A >
      • Q&A
  • Local
    • Learning
  • Latest Information
    • Latest News
    • We Love Kyoto
  • Column
  • About Us
    • Records
    • Partners
    • Cookie Notice
    • Sitemap
  • Contact