Does Not "Fee Simple Defeasible" Exist in Japan?

Have you ever wondered if the concept of "fee simple determinable," "fee simple subject to the conditions subsequent," or "fee simple subject to executory limitations" exists in Japan?

The answer to this question is a straightforward "NO."

Under the Civil Code of Japan, the term "Fee Simple Defeasible" does not have a direct equivalent. If so, how should you do if you want to pass your land to someone, say, person A, with certain conditions attached? Are you out of options in Japan?

Not quite. While you cannot establish a "Fee Simple Defeasible" category on your own, you have an alternative. You can create a contract with person A, selling or giving the land while imposing specific conditions. However, there's a catch. The phrase "as far as A would fulfill the conditions" does not grant you a real estate right. Instead, it signifies an obligation or a promise.

Now, consider this scenario: you devise the land to person A with certain conditions. If A fails to meet these conditions and sells the land to a third party, who, through legal means, registers the land before you do, person A wins.

According to Article 177 of the Civil Code of Japan, you cannot reclaim the land, but you can only assert a breach of contract against person A (and the third party involved).

In summary, while "Fee Simple Defeasible" might not be a recognized term in Japan, there are ways to impose conditions when transferring land. Understanding these legal intricacies is vital to navigating property transactions effectively.