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Act on Promotion of Expansion of Public Land (Public Expansion Act) Q & A

Notifications and proposals based on the Act on Promotion of Expansion of Public Land (Public Expansion Law)

Last update date November 20, 2023

Law Concerning Promotion of Expansion of Public Land (Public Expansion Law) Frequently Asked Questions List
Public Expansion Act Q&A

Q1: Is the land owner the owner in the registry?
Q2: Is there any act that falls under "when I want to transfer for a fee" other than buying and selling?
Q3: Is it possible to judge whether or not there is a notification of the Public Expansion Law based on the registry area or the measured area?
Q4: I buy and sell equity interests (including buying and selling one room in an apartment). Do I need to submit a report?
Q5: The transfer destination has not been decided yet. Can I submit a report?
Q6: Is it possible to submit a report after the sales contract?
Q7: Does the land owner have to submit a report (application) directly?
Q8: If Yokohama City wants to buy it, do I have to sell it?
Q9: How long does it take from notification (application) until the result is obtained?
Q10: In what form will the result of the notification (application) be notified?
Q11: After receiving a notice that we will not discuss the purchase, the other party to be transferred has been changed. Do I need to submit a report again?
Q12: I want the city to buy land. Can I submit a land purchase request application form for any land?
Q13: We buy and sell beneficiary rights in trust. Do I need to submit a report?
Q14: Is it possible to make a sales contract with the condition of suspension until the purchase consultation before the notification is completed?

Q
1: Is the land owner the owner in the registry?
A

The owner is under the substantive law and is not necessarily the right holder in the real estate registry.

Q
2: Is there any act that falls under "when I want to transfer for a fee" other than buying and selling?
A

It is not limited to buying and selling if it is transferred for a fee based on the contract. Even if it is a transfer based on a contract, exchange, reservation for buying and selling, etc., it is a transfer based on a contract and applicable if it is paid.
Gifts, donations, expropriation and auctions are not applicable.

Q
3: Is it possible to judge whether or not there is a notification of the Public Expansion Law based on the registry area or the measured area?
A

Judgment of whether or not there is a notification is based on the actual measured area if it is actually measured. If the measured area is not known, the actual area will be determined based on the registered area.
However, in the “Registered Area” column in the land area of the notification (application) form, and if you know the actual land area, enter the measured area in parentheses.

Q
4: I buy and sell equity interests (including buying and selling one room in an apartment). Do I need to submit a report?
A

It is not necessary to buy or sell equity interests, such as divisional ownership.
When sharing land, it is necessary for all co-owners to transfer for a fee.

Q
5: The transfer destination has not been decided yet. Can I submit a report?
A

Please fill in the "Notification", "The other party to be transferred" in "Notification".

Q
6: Is it possible to submit a report after the sales contract?
A

Please submit the notification before the sales contract, and conclude the contract after receiving the "Notification of not purchasing".

Q
7: Does the land owner have to submit a report (application) directly?
A

You can also submit a report (application) with an agent. A power of attorney is required when proxy/agent submits a notification (application). Please use the form on the submitted documents page.

Q
8: If Yokohama wants to buy it, do I have to sell it?
A

If you are notified of the purchase consultation, you will need to respond to the consultation unless there is a justifiable reason such as a natural disaster or serious illness, and it is unavoidable.
However, since it does not mean that the consultation must be in place, the conditions may not be met and the consultation may end up.

Q
9: How long does it take from the notification (application) to the result is obtained?
A

Within three weeks from the date of the notification (application), we will issue a notice of any result, whether or not the purchase consultation will be issued.

Q
10: In what form will the result of the notification (application) be notified?
A

At first, about land which had you report (application), local public entities confirm whether there is use plan and decide whether to carry out purchase discussion. The results are given as a letter of advice.

Q
11: After receiving a notice that we will not discuss the purchase, the other party to be transferred has changed. Do I need to submit a report again?
A

The issued notice is valid until one year has elapsed from the date of notification, so there is no need to submit it again even if there is a change in the other party to be transferred or the planned transfer amount. .
However, if the owner has changed since the time of notification, a report is required even within one year.

Q
12: I want the city to buy land. Can I submit a land purchase application form for any land?
A

If you have an area of 200 square meters or more on land in Yokohama, you can issue a purchase request form. About area, it is necessary to have actual measurement area when we measure and, if we do not measure, it is necessary to have more than 200 square meters in registry area.

Q
13: We buy and sell beneficiary rights in trust. Do I need to submit a report?
A

The transfer of trust beneficiary rights is usually a kind of transfer of receivables that does not involve the transfer of ownership, but since there is also a transfer involving the transfer of ownership. Judgment is made based on the contents of the transfer agreement of trust beneficiary rights.
For example, if the beneficiary has the right to enjoy the land ownership right during or at the end of the trust period, the transfer of the trust beneficiary right can be regarded as the sale of land. We correspond to transfer and think that report is necessary. In addition, when the trustee sells (disposal) real estate, which is a trust property, it is necessary to notify the trustee at the time of sale (disposal).

Q
14: Is it possible to make a sales contract with the condition of suspension until the purchase consultation before the notification is not completed?
A

The transfer contract with a suspension condition so that the paid transfer becomes effective in the event that the purchase consultation is not completed is a contract that takes effect from the time the suspension condition (the failure of the purchase consultation) is fulfilled. It is possible to conclude a contract before.
On the other hand, a transfer contract with a cancellation condition to invalidate the paid transfer if the purchase consultation is concluded, the transfer is valid until the cancellation conditions (conclusion of the purchase consultation) are fulfilled. It is understood that the contract violates Article 4 "Restriction of notification when trying to transfer land" or Article 8 "Restrictions on transfer of land".

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For inquiries to this page

Finance Bureau Facility Management Promotion Division

Phone: 045-671-3977

Phone: 045-671-3977

Fax: 045-662-5369

Email address: za-koukaku@city.yokohama.jp

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Page ID: 586-427-452

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