JapanWhat is a lien? Recognized for real property?
A lien is a legal right to retain possession of someone else's property until a debt is paid. In Japan, liens on real property are not recognized under the Civil Code — only possessory liens on movable property are permitted.
What the Law Says
Japanese law defines a lien as a right to retain possession of a movable object belonging to another person until a claim related to that object is satisfied. This right applies only to movable property and explicitly excludes real property such as land and buildings.
Under the Japanese Civil Code, a lien (ryūchiken) is a possessory security interest. It arises automatically by operation of law when a person lawfully possesses another’s movable property and has a claim arising from that possession — for example, repair costs or storage fees.
Crucially, the Civil Code does not extend this right to real property. Article 295 states that 'a person who has lawful possession of another person’s movable may retain it until his claim relating to the movable is satisfied.' The term 'movable' (dōsan) is defined in Article 86 as property that is not immovable — and Article 86 further defines 'immovable property' (fudōsan) as land and anything permanently attached to it, including buildings.
Because the statutory definition and application of lien are strictly limited to movables, no lien can be created, registered, or enforced against land, buildings, or other real estate in Japan.
Statutory TextA person who has lawful possession of another person’s movable may retain it until his claim relating to the movable is satisfied.
— Civil Code, Art. 295 — Lien
Statutory TextImmovable property means land and anything permanently attached to land. Movable property means property other than immovable property.
— Civil Code, Art. 86 — Definition of Immovable and Movable Property
What to Do
Confirm whether the property in question is movable (e.g., machinery, vehicles) or immovable (land, buildings).
If the property is movable and you lawfully possess it while holding a related claim, your lien arises automatically under Art. 295.
If the property is real estate, explore alternative security options — such as a mortgage (teiki ken), which *is* available for real property under Civil Code Art. 369.
To secure payment for services involving real property (e.g., construction), negotiate a contractual mortgage or obtain a promissory note with enforceable guarantees.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.