Understanding Certified Copies of Real Estate Registries: A Complete Guide

Do you have an accurate knowledge of the certified copy of real estate registry, which is required in various situations such as buying and selling real estate, inheritance, and applying for loans?

A certified copy of the registry is an extremely important document that publicly certifies the rights of real estate. However, surprisingly few people have a detailed understanding of its contents and how to obtain it.

In this article, based on our experience in many real estate transactions as INA&Associates, we will explain everything from basic knowledge of certified copy of registry to practical use in an easy-to-understand manner for the general public.

A certified copy of the registry is an indispensable document in real estate transactions, and a correct understanding of its contents will ensure safe and secure transactions. In addition, recent digitization has made it possible to obtain a copy online, which has greatly improved convenience.

By reading this article, you will acquire basic knowledge of the certified copy of registry and be able to properly utilize it in actual real estate transactions and various procedures.

Basic Knowledge of Certified Copy of Registry

What is a certified copy of registry

A certified copy of registry is an official document certifying the contents of the real estate registry maintained by the Legal Affairs Bureau. Officially called a "certificate of registered matters," it contains a detailed record of the owner, rights, and physical condition of the real estate.

The real estate registration system was established for the purpose of publicly announcing the rights of real estate and ensuring the safety of transactions. Under this system, third parties can accurately ascertain the status of the rights to the property by checking the registry.

The certified copy of the registry contains all the information necessary for real estate transactions, from basic information about the subject property to its rights. This information has legal validity and is an important basis for claiming rights to the real estate.

Difference between a certified copy of the registry and a certificate of registered matters

Currently, the document issued by the Legal Affairs Bureau is officially called a "Certificate of Registered Matters. However, it is commonly known as a "certified copy of the registry," which refers to essentially the same document.

Previously, the registry was maintained on a paper basis, and its copy was called a "certified copy. Currently, the registry is managed in electronic data through computerization, and the official name has been changed to "certificate of registered matters," but the contents and functions remain the same.

Legal Basis and Role of a Certified Copy of Real Property Registry

The legal basis for a certified copy of the registry is mainly the Real Property Registration Law. This law stipulates that the rights of real estate are to be registered, and the registered contents have legal effect.

Real estate registration has a function as a "countervailing requirement. This means that it is a necessary requirement to assert the rights of real estate against a third party. For example, if you purchase real estate, you can claim ownership of the property against a third party by registering the transfer of ownership.

In addition, the registry operates on the principle of openness, and anyone can obtain a copy of the registry by paying a fee. This openness ensures transparency and safety in real estate transactions.

Types and Features of Certified Copy of Registry

There are several types of certified copies of the registry according to the contents of the description. By understanding the characteristics of each type, you can select the appropriate type for your purpose.

The most commonly used type of certificate is the "Certificate of All Matters," and this type is usually requested for real estate transactions and loan applications. Since it contains all registered matters currently in effect, it provides a comprehensive understanding of the rights of the real estate.

The Social Role of the Certified Copy of the Registry of Deeds

The certified copy of the registry serves as an important social infrastructure that ensures the safety of real estate transactions. This system clarifies the rights of real estate and greatly reduces the risk of fraud and infringement of rights.

Especially in transactions involving real estate, a high value asset, it is essential to confirm the relationship of rights by means of a certified copy of the real estate registry. It contains important information to ensure the safety of the transaction, such as confirmation that the seller is the true owner, existence of mortgages and other security interests, and confirmation of restrictions on disposition such as foreclosure.

In addition, when financial institutions provide loans secured by real estate, they also evaluate the collateral value and confirm the rights and interests by using the certified copy of the registry. This enables appropriate financing decisions to be made and contributes to the stability of the financial system.

Structure of a certified copy of the registry and how to read it

Basic Structure of Registry of Deeds

A certified copy of the registry consists of three major parts: the title section, the first section, and the second section. Each part contains different types of information, and it is necessary to understand all these contents in order to grasp the whole picture of the real estate.

This three-part structure is designed to systematically organize the physical condition and rights of real estate. The title section contains basic physical information about the property, Section A contains information about ownership rights, and Section B contains information about rights other than ownership rights, thereby covering all important information about the property.

What the title section contains and how to read it

The title section is the part that describes the physical condition of the real estate. It contains different information for land and buildings, but both record basic specific information about the property.

The land title section includes the lot number, lot title, and lot area. The lot number is a registered number that is different from the address, and the land classification indicates the use of the land, such as rice paddy, field, residential land, or forest. The acreage indicates the area of the land in square meters.

The title section of a building includes the location, house number, type, structure, and floor area. The type indicates the use of the building, such as residence, store, office, etc. The structure indicates the building structure, such as wooden, reinforced concrete, etc.

Contents of Section A (Ownership Matters)

Ward A contains all matters related to ownership. Information such as the cause of acquisition of ownership, the name and address of the owner, and ownership interests are recorded in chronological order, allowing the transition of ownership to be traced.

The most important information to be included in the A section is the current ownership information. The name, address, and ownership interest are accurately recorded, and this information is used to verify ownership during real estate transactions.

The cause of ownership is another important piece of information. It describes how ownership was acquired, such as by sale, inheritance, gift, prescription acquisition, etc. This information allows us to confirm the legitimacy of the acquisition of ownership.

In the case of co-ownership, each co-owner's interest is shown as a fraction. For example, if a married couple purchases a property together, their "one-half interest" will be listed. This information is important when selling or inheriting the property.

Contents of Section B (Matters concerning rights other than ownership)

Section B contains information on rights other than ownership, such as mortgages, revolving mortgages, superficies, and leaseholds. Since these rights have a significant impact on the use and disposition of real estate, it is essential to confirm them prior to the transaction.

The most commonly stated right is the mortgage. When real estate is purchased with a mortgage, the financial institution creates a mortgage. It will contain detailed information about the mortgagor (creditor), the debtor, the amount of the claim, interest, and damages.

A revolving mortgage is a security interest created in an ongoing business relationship. Within the limits of the maximum amount, it can also secure claims that arise in the future. Since revolving mortgages are often established on commercial real estate, it is important to confirm the details of such mortgages.

Key Points for Reading the Registry of Deeds

There are several important points to accurately read the registry of deeds. First, you should pay attention to the ranking number of the registry. Both the A and B sections have a rank number, and this number determines the superiority or inferiority of the rights.

The date of registration is also important information. The date of registration and the registration number provide the chronological order of the registration. In particular, for security interests such as mortgages, the date of registration determines the priority of the security interest, so it is essential to check the date.

It is also necessary to confirm whether or not the registration of cancellation has been made. If a right has been extinguished, the registration of cancellation will be made and the relevant registration will be underlined. It is important to accurately distinguish between registrations that are currently in effect and those that have been cancelled.

If there has been a change of address or name, the contents of the change registration should also be checked. If there is a discrepancy between the current ownership information and the information on the registration, a change of registration may be required.

Examples of entries in the register and how to read them practically

In an actual registration certificate, multiple rights may be intricately intertwined. For example, if there are multiple mortgages on a single property, the priority and amount of each claim must be accurately ascertained.

In the case of co-owned real estate, the interests and addresses of each co-owner should be ascertained, and whether the consent of all co-owners can be obtained. If some of the co-owners are missing or have inherited the property, the transaction may be complicated.

If the building and land are owned by separate owners (building with leasehold), the rights to the land should also be confirmed. It is important to examine the details of the superficies and leasehold rights, their terms and conditions.

How to Obtain a Certified Copy of the Registry of Deeds

Overview of how to obtain a copy of the registry

There are currently three ways to obtain a certified copy of the registry. They are online application, in-person application at the Legal Affairs Bureau, and application by mail. Each has its own characteristics, and the best method can be selected according to the user's situation and urgency.

Due to recent digitization, online acquisition has become the most convenient and efficient method, with applications available 24 hours a day, 7 days a week, and with low fees, many people use online applications.

However, each method has its own characteristics, so it is important to choose the appropriate method according to your purpose and situation. We recommend that you understand all the methods so that you can deal with various cases, such as when you are in a hurry, when you need to obtain a large amount of information, or when you are anxious to obtain information for the first time.

Online Application (Registry Information Providing Service)

The Registration Information Provision Service is a service that allows you to obtain registration information via the Internet. It is operated by the Civil Legal Affairs Association of Japan and is a public service authorized by the Ministry of Justice.

Prior user registration is required to use this service. Individuals register basic information such as name, address, and telephone number, while corporations register trade name, location of head office, and name of representative. Registration is free and can be completed online.

Payment can be made by credit card or Pay-easy. In the case of credit card payment, payment is completed immediately and registration information can be obtained immediately.

Direct application at the Legal Affairs Bureau

Applying in person at the Legal Affairs Bureau is the most reliable and secure method. Since you can consult directly with the staff at the counter, this method is suitable for those who are obtaining a registration certificate for the first time or for complicated cases.

To apply, you need to fill out an application form for a certified copy of the registry. The application form is available at the Legal Affairs Bureau. Fill in the location of the real estate, the lot number (house number), and the type of certificate required. If you do not know how to fill out the form, you can ask for guidance at the counter.

Fees are paid in cash or revenue stamps. Revenue stamps can be purchased at the kiosk in the Legal Affairs Bureau, or you can pay in cash. The fee is 600 yen per document (for a certificate of all items).

Acquisition time is usually about 30 minutes, but may vary depending on how crowded the office is. Early morning and late afternoon hours are relatively free, and you can often obtain the certificate smoothly.

Application by mail

Application by mail is a convenient method when you cannot visit the Legal Affairs Bureau or when you need to obtain a certified copy of the registry of real estate in a distant place. You can obtain a certified copy of the registry by sending an application form, fee (revenue stamps), and a return envelope by mail.

The application form can be downloaded from the website of the Legal Affairs Bureau. Fill in the required information, affix revenue stamps, and send it by mail. On the return envelope, write your address and affix a stamp.

The processing time is usually about one week, but may vary depending on the number of applications and the business conditions at the Legal Affairs Bureau. If you are in a hurry, you may be able to shorten the processing time by using express mail.

One thing to keep in mind when applying by mail is that if there is a mistake on the application form or the amount of revenue stamps is incorrect, the application will be sent back and you will need to reapply. It is important to prepare carefully by calling in advance to confirm.

Comparison of different acquisition methods

The features of each acquisition method are compared below. Please select the most appropriate method according to the user's situation and priorities.

Special Acquisition Methods

In addition to the usual acquisition methods, there are other acquisition methods for special situations. For example, real estate agents, etc., who need to obtain a large number of registry transcripts on a regular basis, can obtain them more efficiently by using the "Registry Information Provision Service" for corporations.

In addition, qualified persons such as judicial scriveners and land and house investigators can obtain a certified copy of the registry as a request in the course of their duties. In this case, a different application form than usual must be used and an official seal must be affixed.

If the applicant resides overseas, he/she can also obtain a copy of the registry through a proxy in Japan. The proxy prepares the necessary documents, such as a letter of attorney, and applies at the Legal Affairs Bureau.

Points to note when acquiring the certificate of registration

There are several precautions to be taken when obtaining a certified copy of the registry. First, the property must be accurately identified. Since addresses and lot numbers are different, it is necessary to confirm the exact location of the property in the registry.

The type of certificate you obtain is also important. While a "Certificate of All Matters" is required for general real estate transactions, a "Certificate of Current Matters" or "Certificate of Partial Matters" may be sufficient for certain purposes.

The method of payment of fees should also be confirmed in advance. Online you will need a credit card, and at the Legal Affairs Bureau you will need cash or revenue stamps. It is important to confirm in advance so that you will not be unable to obtain the certificate due to lack of preparation.

Situations in which a certified copy of the registry is required

Use in real estate transactions

In real estate transactions, a certified copy of the registry is an indispensable document to ensure the safety of transactions. In the explanation of important matters prior to the conclusion of a sales contract, a real estate transaction specialist explains the rights of the property in detail based on the contents of the certified copy of the real estate registry.

The most important thing for the buyer is to confirm that the seller is the true owner of the property. By checking the A section of the certified copy of the registry, it is possible to confirm that the current owner and the seller are the same. In the case of co-ownership, it is also important to make sure that all co-owners have given their consent.

It is also essential to check the security interest. Security interests such as mortgages and revolving mortgages listed in Section B may be transferred to the buyer upon purchase and sale. Normally, the security interest will be extinguished with the purchase price, but it is necessary to confirm in advance whether the procedure will be carried out securely.

If there are restrictions on disposition such as foreclosure or provisional seizure, the purchase and sale cannot be made in principle. Since these information can also be confirmed with a certified copy of the registry, it is an essential item to check before signing a contract.

Importance in Inheritance Procedures

When inheritance occurs, a certified copy of the registry is required to accurately ascertain the rights of the real estate owned by the decedent. When applying for inheritance registration, the current registration details are checked to confirm that the property is in the decedent's name.

In some inheritance registrations, the last address of the decedent and the address on the registry may not match. In this case, it is necessary to prove the change of address with a certificate of removal of residence or a supplementary copy of the family register, etc. The certified copy of the registry serves as the starting point.

In the case of inheritance of co-owned real estate, the rights of the other co-owners must also be confirmed. A certified copy of the registry will allow you to ascertain the interests of all co-owners and their current status, and to proceed with the appropriate inheritance procedures.

The certified copy of the registry is also used as basic data for calculating the assessed value of real estate when filing inheritance tax returns. Since information such as land area, building structure and floor space affects the valuation, it is important to confirm accurate registration information.

Required Documents at the Time of Loan Application

A certified copy of the registry is a required document to be submitted when applying for a loan secured by real estate from a financial institution. Financial institutions use the certified copy of the registry to conduct a detailed examination of the rights and collateral value of the collateral property.

The existence and content of existing security interest is an important factor in the loan screening process. If there is a prior mortgage, the financial institution will carefully examine whether the sum of the amount of its claim and the amount of the financial institution's loan will exceed the collateral value.

Confirmation of ownership is also important. We confirm that the loan applicant and the registered owner are the same, and in the case of co-ownership, we confirm that the consent of all co-owners has been obtained.

In the collateral valuation, information such as the land area and building structure and floor area as stated in the registration book will be used as basic data. Based on this information, a real estate appraiser will conduct an evaluation to determine the maximum loan amount.

Other Situations of Utilization

The certified copy of the registry is used in various situations other than those mentioned above. In real estate lease contracts, it is used to confirm that the lender is the true owner of the property and to confirm the rights that affect the lease.

In administrative procedures such as building confirmation applications and development permit applications, a certified copy of the registry is required as a document to prove the rights to the land of application. In particular, a certified copy of the registry for all land is required for development that spans multiple lots.

A certified copy of the real estate registry is also a basic research document in the investigation of the current status of real estate and in due diligence. When considering the purchase of real estate for investment, a detailed investigation of rights is conducted along with an analysis of profitability.

In tax investigations and lawsuits, a certified copy of the registry is also used as an official document to prove the rights of the real estate. In these situations, a detailed investigation including past changes in rights may be necessary.

Summary

Reconfirmation of the Importance of a Certified Copy of the Registry of Deeds

In this article, we have explained in detail from the basic knowledge of the certified copy of registry to its practical use. A certified copy of the registry is an extremely important document that publicly certifies the rights of real estate, and is an indispensable tool for ensuring the safety of real estate transactions.

Although the official name of the document is now "Certificate of Registered Matters," its contents and functions are no different from those of a conventional certified copy of the registry. Digitization has made it more convenient, and it is now possible to obtain it online.

All important information, from the physical condition of the property to its rights, is systematically organized in three parts: title section, section A, and section B. Accurate reading of this information ensures safe and secure real estate transactions.

Points of practical use

In order to effectively utilize a certified copy of the registry, it is important to select the appropriate acquisition method according to your purpose. It is important to use different methods depending on the situation, such as online application for urgent cases, in-person application at the Legal Affairs Bureau if it is the first time and you are anxious, or choosing application by mail for distant real estate.

In addition, it is necessary to familiarize yourself with the technical terms and description methods in order to accurately understand the contents of the registry copy. If you have any questions, we recommend that you consult with a specialist.

Especially in important transactions such as real estate sales, inheritance, and financing, it is important to carefully examine the contents of the certified copy of the registry and conduct additional research as necessary.

Future Action Plans

We recommend the following steps in order to apply your knowledge of the registry documents in practical situations.

First, obtain a certified copy of the registry of deeds for the property you own and review the contents. Familiarize yourself with how to obtain it online so that you can respond smoothly when you need it.

If you are considering a real estate transaction, we recommend that you obtain a certified copy of the subject property registry in advance and confirm the rights in detail. If you have any questions, please consult a specialist for appropriate advice.

INA&Associates provides professional support for your needs, from how to read a certified copy of the registry to general real estate transactions. Please feel free to contact us if you have any real estate related questions.

Frequently Asked Questions

Q1: What is the difference between a certified copy of the registry and a certificate of registered matters?

A: They are essentially the same document. In the past, a copy of the registry, which was maintained on a paper basis, was called a "transcript," but since it is now maintained in electronic data through computerization, the official name has been changed to "certificate of registered matters. There is no difference in content or legal effect. It is generally known as a "certified copy of registration," and either name is acceptable.

Q2: Can I obtain a certified copy of the registry of another person's real estate?

A: Yes , it is possible. Real estate registration is operated based on the principle of openness, and anyone can obtain a certified copy of the real estate registry by paying a fee, even without a valid reason. However, the exact location lot number of the real estate is required to obtain it. Since it is necessary to find out the registered land number, not the address, we recommend that you check with the Legal Affairs Bureau or an online service beforehand.

Q3: Does the certified copy of the registry have an expiration date?

A: The certified copy of the registry itself does not have an expiration date, but there may be a limit of "within xx months from issuance" depending on where the document is submitted. Generally, a copy within 3 months is often required, and a copy within 1 month may be required for loan applications by financial institutions. If you intend to use the form for an important procedure, we recommend that you confirm the expiration date with the submitting organization in advance and obtain the latest one if necessary.

Q4: Which is more economical to obtain online or at the counter?

A: In terms of fees , online application is by far the most economical.

Q5: What is the most important point to be confirmed in a certified copy of the registry of deeds?

A: The most important points in a real estate transaction are the confirmation of the owner in the A district and the confirmation of the security interest in the B district. In the A section, we check whether the current owner is the same as the seller, and in the case of co-ownership, whether the consent of all co-owners has been obtained. In Section B, we confirm the existence and details of security interests such as mortgages, and whether there are any restrictions on disposition such as foreclosure. This information allows us to determine if a secure transaction is possible. If there are any uncertainties, we recommend that you consult with a specialist.