Real Estate

Real estate is of course governed by special legislation, including the Act on Land and Building Leases, the Act on Building Unit Ownership, and the Real Estate Brokerage Act, but a wide range of other more broadly applicable laws are also relevant to real estate transactions and finance, including the law of contracts and torts, trust law and financial regulation. Providing legal services related to real estate requires knowledge and experience in a very wide range of practice areas. For both Japanese and overseas clients, we are a full-service firm in real estate, including transactions, development projects, and dispute resolution, with lawyers with extensive knowledge and experience in real estate issues.
  • Real Estate Transactions and Development
  • Real Estate Litigation

Real Estate Transactions and Development

Iwata Godo assists clients in the drafting and negotiation of agreements and other documentation for a wide range of real estate sale, lease and other transactions, including matters involving unit or sectional ownership, joint ownership and trust arrangements. We also advise on regulatory issues related to real estate under the Real Estate Brokerage Act, the City Planning Act, the Building Standards Act and other laws.




In real estate transactions involving beneficial interests in a trust, issues arise under the Trust Act, Trust Business Act and Financial Instruments and Exchange Act, and we can leverage our expertise in finance to advise on these transactions.




In addition, we provide comprehensive legal advice on real estate development, including major urban redevelopment and infrastructure projects. In development projects, legal issues may arise relating to joint ownership, partial ownership, agricultural land, and errors in the administration of decedents' estates, to name but a few, and we support our clients with analysis, investigation of risks, negotiations with other stakeholders, and legal and regulatory procedures. We also provide support in the selection and execution of development projects under the Urban Renewal Act and the Land Readjustment Act, and advise on negotiation of complex terms and conditions.




In collaboration with tax consultants, we advise on real estate transactions in which tax issues are taken into consideration, proposing, for example, not only the usual structure for sale of real estate but also use of M&A structures that have favorable tax consequences for the assignor.




In addition, Iwata Godo advises on environmental regulation related to real estate, including soil contamination, waste disposal and hazardous materials such as asbestos and PCB.

Real Estate Litigation

Iwata Godo has a proven track record in litigation, mediation and out-of-court settlement negotiations related to real estate transactions and real estate development projects.. Our real estate litigation practice has represented clients in a wide range of disputes, including issues of nonconformity with sale contract specifications, broker's duty to explain, nonpayment of rent, use restrictions, unauthorized renovations, rent increases, demands to surrender the premises, counterparty's insolvency, tenant evictions for development projects, divisions of jointly owned property and decedents' estates, and abandoned property. With respect to buildings damaged in earthquakes, we have handled many disputes concerning alleged defects in design or construction.

Publications Related to Real Estate

  • 202402

    Nakazawa Ryo authors a commentary on the MOJ's draft legislative proposals concerning condominiums (Shoji Homu Portal website)

    Author：
    NAKAZAWA Ryo　
  • 202307

    Fujinami Tomonori authors a commentary on MOJ proposals to revise the system on ownership of building units (Shoji Homu Portal website)

    Author：
    FUJINAMI Tomonori　
  • 202205

    Maruyama Shinji's commentary on revisions of the Act on Land and Building Leases is available on the Shoji Homu Portal Site.

    Author：
    MARUYAMA Shinji　
  • 202010

    Okushi Kenichi and Kashiwagi Kensuke co-authored "[Follow-up Report] Impact of COVID-19 Infections on Legal Affairs of Real Estate Transaction" which appears in September 2020 issue (Vol.57) of ARES Real Estate Securitization Journal.

    Author：
    OKUSHI Kenichi　 KASHIWAGI Kensuke　
  • 202006

    Okushi Kenichi and Kashiwagi Kensuke co-authored an article titled "[Quick Report] Effects of New Coronavirus Infections on Legal Affairs of Domestic Real Estate Transactions and Summary of Issues," which appears in the Vol.55 of ARES Real Estate Securitization Journal.

    Author：
    OKUSHI Kenichi　 KASHIWAGI Kensuke　

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Lectures, Seminars and Conferences Related to Real Estate

  • 202006

    Okushi Kenichi and Kashiwagi Kensuke delivered a lecture entitled "Impact of New Coronavirus Infection on Legal Affairs of Real Estate Transactions " at Financial Management Forums, Inc.　

    Speaker： OKUSHI Kenichi　 KASHIWAGI Kensuke　

  • 202005

    Okushi Kenichi and Kashiwagi Kensuke, delivered a lecture entitled "No. 4270 Impact of the Expansion of New Coronavirus Infection on Real Estate Transactions: What is the Real Issue Today" at Kinyu facsimile Shimbunsha.

    Speaker： OKUSHI Kenichi　 KASHIWAGI Kensuke　

  • 201912

    Okushi Kenichi delivered a lecture titled "Amended Law of Obligations and Important Points of Building Master Lease Contracts and Dispute Resolution in Real Property Finance" at a seminar room of Financial Management Forums, Inc.

    Speaker： OKUSHI Kenichi　

  • 201908

    Okushi Kenichi delivered a lecture titled "Legal Practice for Specific Amendment on Provisions of 'Sale and Purchase Agreement for Real Estate' and ‘Sale and Purchase Agreement for Beneficiary Interest in Real Estate Trust’ Considering Enforcement of Amended Civil Code as of April 1, 2020” at the JPI Conference Square.

    Speaker： OKUSHI Kenichi　

  • 201906

    Okushi Kenichi delivered a lecture titled "Key Points of Contracts and Dispute Resolution regarding Building Master Lease with Focus on Effects of Amended Law of Obligations" at a seminar room on the second floor of the Koami-cho Yasuda Building.

    Speaker： OKUSHI Kenichi　

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News Related to Real Estate

  • 201904

    Okushi Kenichi is appointed as a Secretary of Real Estate Tech Association for Japan.

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Practice Areas

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