Superficies - Japanese Law

Japanese Law

Japanese law provides for a similar right, known as chijōken (地上権?, lit. "above-ground rights") in Japanese and officially translated as "superficies."

The right is defined under Article 265 of the Civil Code as the right to use the land of another for the purpose of owning buildings, trees or bamboo.

A superficies may also be created by operation of law when a mortgage is foreclosed. If the foreclosure leads to the land and building(s) thereon falling under separate ownership, but the land and building(s) were owned by the same person when the mortgage was created, then a "statutory superficies" (法定地上権, hōtei chijōken?) is automatically created to facilitate separate ownership of the building(s).

Unlike a land lease, a superficies is considered to be a property right, can be indefinite in duration, imposes no upkeep obligations on the landowner, and is freely transferable without the landowner's consent.