JapanWhat is a statutory lien on real property?
A statutory lien on real property in Japan is a legal right granted by law—not by contract—that allows a creditor to secure payment by claiming priority over the property, such as for unpaid construction fees or taxes.
What the Law Says
In Japan, statutory liens on real property arise automatically by operation of law—not agreement—and grant creditors priority rights over specific real estate to secure unpaid claims.
Statutory liens are created directly by provisions in Japanese statutes. Unlike contractual security interests (e.g., mortgages), they do not require agreement between parties or registration to exist—though registration may be needed to assert priority against third parties.
The Civil Code recognizes several statutory liens. Article 295 grants a lien to persons who have incurred expenses for the preservation of immovable property — for example, someone who pays overdue property taxes or emergency repair costs to prevent loss.
Article 327 of the Civil Code provides a special statutory lien for contractors and subcontractors who perform construction work: 'A contractor or subcontractor who has constructed or repaired a building… shall have a lien on the building and its land for the amount of remuneration due.' This lien arises automatically upon completion of work and covers labor and materials.
Additionally, the National Tax Collection Act (Act No. 114 of 1940) creates tax liens: unpaid national taxes attach to all assets of the taxpayer, including real property, from the date of assessment.
Statutory TextA contractor or subcontractor who has constructed or repaired a building or other work on land shall have a lien on the building and its land for the amount of remuneration due.
— Civil Code, Art. 327 — Statutory Lien of Contractor
Statutory TextA person who has incurred necessary expenses for the preservation of another’s immovable property shall have a lien on that property for the amount of the expenses.
— Civil Code, Art. 295 — Lien for Preservation Expenses
Statutory TextWhere a taxpayer fails to pay national taxes… a tax lien shall attach to all property of the taxpayer.
— National Tax Collection Act, Art. 12 — Tax Lien
What to Do
Confirm whether your claim falls under a statutory lien provision (e.g., construction work under Art. 327 or preservation expenses under Art. 295).
File a claim with the Legal Affairs Bureau to register the lien if you intend to enforce it against third parties (registration is required for priority, though the lien itself arises automatically).
Enforce the lien within 5 years from when the claim becomes due — otherwise, the right to enforce is extinguished under Civil Code Art. 167.
For tax liens, contact the competent tax office; enforcement is carried out by the National Tax Agency through public auction.
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.