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相続土地国庫帰属制度について

This is a new system that started on April 27, 2023. There is an increasing trend of people who have acquired land through inheritance or other means but feel that it is a burden and want to give it up, which can lead to land not being properly maintained and becoming unmanaged. In order to prevent the occurrence of unowned or unmanaged land, this system allows people who have become the registered owner of land through inheritance or bequest to give up the land and have it belong to the national treasury.

Who can apply?

A person who has acquired land through inheritance or bequest (to an heir)

In the case of joint ownership, if one of the co-owners acquired the property through inheritance or bequest, all co-owners can apply.

Conditions for land to be transferred to the national treasury

Land that cannot be claimed

If the land you wish to apply for falls under any of the following items, your application will be rejected.

1. Land on which the building is located

2. Land on which a security interest or a right to use or profit from it (such as a mortgage or easement) has been established

3.私道や境内地、墓地内の土地、水路などに供されている土地

4. Land contaminated by specific hazardous substances as stipulated in Article 2, Paragraph 1 of the Soil Contamination Countermeasures Law

5. Land with unclear boundaries or land with disputes over ownership

Land whose ownership has not been recognised

Land that will be disapproved if it is determined to be applicable at the screening stage

1. Excessive costs incurred in the normal maintenance of land with a cliff (a slope of 30 degrees or more and a height of 5 meters or more)
Or something that requires effort

2. Land on which there are structures, vehicles, trees or other tangible objects that impede normal management or disposal

3. Industrial waste, septic tanks, etc. must be removed before normal land management or disposal can be carried out.
Land where things exist underground

4. Land that cannot be accessed from a public road without passing through someone else's land (cul-de-sac) or land where the use and profits from the land are currently being obstructed

5. Land that requires measures to prevent the risk of damage to the land, people and property in the surrounding area due to the risk of landslides, mudslides, and other disasters.

6. Animals living on the land, such as bears and hornets, can cause damage to the land and people around it.
Land that causes damage to crops and trees

7. Forests (mountain forests) that require national development (afforestation, thinning, and conservation)
*Land that meets certain requirements cannot be approved for ownership.

8. Land that is to be transferred to the national treasury and for which monetary obligations exist, or land for which levies pursuant to Article 36, Paragraph 1 of the Land Improvement Law are levied

The process leading up to transfer to the national treasury

・Advance consultation

・Prepare and submit application forms

・Requirements review

・Approval and payment of contributions

・The applicant will be notified of the result of approval or disapproval. If approved, the contribution must be paid to the Bank of Japan within 30 days.

・Ownership of the land will be transferred to the national government when the applicant pays the contribution. The national government will register the transfer of ownership. (If there is no change of address or inheritance registration, the national government will register the land on your behalf.) Once the land reverts to the national treasury, the national government will manage and dispose of it.

- National Treasury

Examination fees

14,000 yen per land parcel

When applying, you will need to affix revenue stamps to the application form to cover the examination fee.

*Once the fee has been paid, it will not be refunded, even if the application is withdrawn or regardless of the outcome of the examination.

About the contribution fee

The charge is equivalent to 10 years' land management costs, calculated taking into account standard management costs according to the characteristics of the land.

国庫帰属が承認された場合は、負担金を納付することとなります。

There are 23 different types of land registered, but under this system the contribution is determined according to four categories: "residential land," "agricultural land," "forest," and "other (miscellaneous land, etc.)."

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Residential land (image)

Farmland (image)

Forest (image)

The classification is determined based on objective facts such as the current situation, registration records, and on-site inspections to determine which category the property falls into.

The area used to calculate the contribution is the land area recorded in the land registry. This may differ from the actual measured area, and if you want to pay the contribution based on the accurate area, you will need to apply for a land area correction registration to correctly change the land area recorded in the land registry. When making a registration to change the land area, it is necessary to determine and survey the boundaries of adjacent land, which involves costs and labor, so it is important to consider the situation at hand.

*In cases where the land is designated as a zoning district or is agricultural land within an agricultural land district, the fee varies depending on the area.

In the case of "residential land" and "farmland"

In principle, 200,000 yen (regardless of area)

In the case of "forest"

The amount depends on the area classification.

In the case of "Other"

In principle, 200,000 yen (regardless of area)

金額は計算式があります。法務省のリンクを貼ってありますのでご参考ください。

Matsushima Legal Survey Office

Shingu City Land and House Surveyor Administrative Scrivener - Nachikatsuura Town Land and House Surveyor Administrative Scrivener - Kushimoto Town Land and House Surveyor Administrative Scrivener - Kiho Town Land and House Surveyor Administrative Scrivener - Kumano City Land and House Surveyor Administrative Scrivener

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