Clearing an old buyback special clause and a provisional registration of a claim for transfer of ownership on inherited land, and the flow to sell it

The key point: Even if an old "buyback special clause" or a "provisional registration of a claim for transfer of ownership" remains on the register of inherited land, ownership itself is the heir's and selling is possible. But because a buyer cannot obtain full ownership while these registrations remain, in practice you clear them before handing over. A buyback clause is a device under the Civil Code (Act No. 89 of 1896) art. 579, and the buyback period is at most 10 years under art. 580. The 2021 reform of the Real Property Registration Act (Act No. 123 of 2004) by Act No. 24 of 2021 added art. 69-2, so a buyback-clause registration can now be cancelled by the registration holder alone (the current owner) if 10 years have passed from the contract date (in force 1 April 2023). A provisional registration of a claim for transfer of ownership is a provisional registration based on a sale pre-contract, etc.; its cancellation can be applied for alone by the provisional-registration holder, or alone by an interested party on the register who has the holder's consent (art. 110). Where the counterparty is of unknown whereabouts or deceased and consent cannot be obtained, cancellation via a dismissal decision (public summons) under Real Property Registration Act art. 70, or a search for the heirs, becomes necessary. The cancellation registration itself is a judicial scrivener's; the counterparty search and negotiation/litigation a lawyer's; and the acquisition-cost calculation for capital gains a tax accountant's; and we (a real-estate transaction business) handle the sale brokerage—each an independent business contracted with separately (no referral fees are exchanged).

For heirs who have inherited land with an old buyback clause or provisional registration of a claim for transfer of ownership and want to sell it, this article organises why it won't sell, how to clear it, and whom to ask, in the order of the statutory text. This is general information; the final judgment on whether a cancellation is possible or whether a prescription has run rests with judicial scriveners, lawyers and qualified professionals.

Yotsuba Real Estate Co., Ltd. (四葉不動産株式会社), based in Bunkyo, Tokyo, provides surveys of inherited real estate and brokerage of valuation and sale. You can consult us from the stage of "an unfamiliar old registration remains on the register".

Why can't I sell when a buyback-clause registration or a provisional registration of a claim for transfer of ownership remains on inherited land?

As long as ownership is the heir's, you can enter a contract to sell the land. The problem is whether the buyer can obtain "full ownership".

When a buyback clause is registered, under Civil Code art. 581(1) the seller (the buyback holder) can assert the buyback against a third party (a person who bought from the buyer). In theory, room remains on the register for the buyback holder to return the price, etc., rescind the sale and recover ownership. A provisional registration of a claim for transfer of ownership is a scheme by which, if that provisional registration is later made a definitive registration, a priority rank is secured over registrations made after it. Either way, a registration that "could be asserted by another" remains, so a buyer or a bank normally makes cancellation a condition of handover.

Remaining registration	The buyer's anxiety
Buyback-clause registration	Risk of the buyback holder rescinding the sale and recovering ownership (Civil Code art. 581(1))
Provisional registration of a claim for transfer of ownership	Risk that, if made definitive, it takes priority over rights registered after the provisional registration

In many cases these registrations are decades old, and the underlying right has already lost substance. Even so, the registration alone obstructs the sale, so clearing it before handover is the practice. The treatment where an old mortgage remains is covered in the flow to clear an old mortgage on inherited real estate and sell, and where a home-loan balance remains in clearing the home-loan balance and mortgage on an inherited family home and selling.

How can a buyback clause (Civil Code art. 579) and a provisional registration be cleared—by prescription or by cancellation?

Cancellation of a buyback-clause registration became much simpler in the 2021 reform. Under Real Property Registration Act art. 69-2 (in force 1 April 2023), where a buyback-clause registration exists and 10 years have passed from the contract date, the registration holder (the current owner) can apply for its cancellation alone. Before the reform, a joint application with the buyback holder was the rule and the counterparty's cooperation was needed.

Registration	Line of clearing	Basis
Buyback-clause registration	If 10 years have passed from the contract date, the current owner applies for cancellation alone	Real Property Registration Act art. 69-2
Buyback-clause registration (under 10 years / disputed)	Joint application with the buyback holder, or confirming the buyback period has expired	Civil Code arts. 579–585 / Real Property Registration Act art. 60
Provisional registration of a claim for transfer of ownership	Application by the provisional-registration holder alone, or by an interested party with consent	Real Property Registration Act art. 110

The buyback period is at most 10 years under Civil Code art. 580; a clause longer than this is shortened to 10 years, and if no period was set, it must be exercised within 5 years (art. 580(3)). Where the cause of a provisional registration of a claim for transfer of ownership is a sale pre-contract, the completion right of that pre-contract is said to be subject to a 10-year prescription running from when the right can be exercised, and if the right has been extinguished by prescription, the provisional registration becomes one without substance. However, the start point and whether prescription has run, and whether the provisional-registration holder's consent is needed, divide case by case, so a check by a judicial scrivener/lawyer is needed. This article shows only the line of clearing and leaves individual possibility to qualified professionals.

What if the registered holder (the counterparty) is of unknown whereabouts or deceased?

In old registrations, the buyback holder or provisional-registration holder is often of unknown whereabouts or deceased, so consent or a joint application cannot be obtained. The response is staged.

Situation	Line of response
Buyback clause, 10 years passed from the contract	Under Real Property Registration Act art. 69-2 the current owner can apply for cancellation alone, so the counterparty's cooperation is unnecessary
The counterparty is deceased	Investigate the heirs by family register and proceed against the heirs for cancellation
The counterparty / heirs are of unknown whereabouts	Consider cancellation via a dismissal decision (public summons) under Real Property Registration Act art. 70

Real Property Registration Act art. 70 is a system by which, where the whereabouts of the registration obligor are unknown, you obtain a court's dismissal decision through a public summons under the Non-Contentious Case Procedures Act and can cancel the registration alone. The 2021 reform organised requirements such as the method of investigating unknown whereabouts. The family-register investigation of heirs, the petition for a public summons, and negotiation or litigation are the field of judicial scriveners and lawyers. We investigate the current state from the register and cadastral map and hand over an assessment of which line applies.

What is the flow from clearing to selling, and roughly how much does it cost?

The rough flow is: investigate the register/rights → fix the cancellation method → cancellation registration → sell via brokerage. If registration of inheritance is not yet done, registration of inheritance (mandatory from 1 April 2024) comes first.

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Stage	Main handler	Nature of cost
Investigate the register/cadastral map/rights; valuation of the market expectation	Us (a real-estate transaction business)	Valuation and consultation are free
Registration of inheritance (if not done)	Judicial scrivener	Registration and license tax (0.4% of the fixed-asset value) + fee
Cancellation registration of the buyback clause / provisional registration	Judicial scrivener	Registration and license tax (1,000 yen per property) + fee. A public summons incurs separate court costs
Search for the counterparty/heirs; negotiation/litigation	Lawyer (where needed)	Varies by case
Sale brokerage	Us (a real-estate transaction business)	Within the Real Estate Brokerage Act fee notice

The registration and license tax for a cancellation registration is a flat 1,000 yen per property, but once a counterparty search / public summons is needed, both the period and the cost become hard to read. Specific registration and license tax, fees and court costs are calculated by a judicial scrivener/lawyer per case. We separate and organise the outlook for cancellation and the timing of the sale.

Who should I ask for the cancellation registration, the counterparty search and the tax?

Clearing an old registration and selling span separate professional fields—registration, dispute, tax and brokerage. A real-estate company handles only the survey, valuation and brokerage; everything else is contracted separately with each professional as an independent business.

Trouble	Who to ask
Investigate the register/cadastral map; valuation; sale brokerage	Us (a real-estate transaction business)
Cancel/apply for the buyback clause, provisional registration and registration of inheritance; the public summons for a dismissal decision	Judicial scrivener
Negotiation with the counterparty/heirs; litigation over a person of unknown whereabouts	Lawyer
Acquisition-cost calculation of capital-gains tax; applying exemptions	Tax accountant

These are each independent businesses, contracted with separately. We neither receive nor pay referral or introduction fees. Whether cancellation can be done by a sole application, whether a public summons is needed, and whether prescription has run are ultimately judged by a judicial scrivener/lawyer. Looking at the register, we take consultations from separating the issues—the line of cancellation, the counterparty search, the timing of the sale—and arranging who to consult on each. For how to proceed with inherited real estate, see also the consultation desk for inherited real estate (Japanese).

Consult Yotsuba Real Estate about inherited land with an old buyback clause or provisional registration—initial consultation is free

In your message, write "cancelling a buyback clause / provisional registration" and include the cause date of the registration (as far as you know), whether the counterparty is an individual or a corporation, whether the whereabouts are known, and whether registration of inheritance is done. Without presuming whether cancellation is possible, we begin with the investigation of the register and arranging which parts to refer to professionals for registration, search and tax.

Frequently asked questions

Q. Can I sell the land even with a buyback clause or provisional registration remaining?
A. Since ownership is the heir's, you can enter a contract to sell. But when a buyback clause is registered the buyback holder can assert the buyback against a third party (Civil Code art. 581(1)), and a provisional registration takes priority if made definitive, so buyers and banks normally make cancellation a condition of handover. In practice you clear it before handing over. Whether cancellation is possible and the line for it are judged by a judicial scrivener.

Q. Can a buyback-clause registration be cleared without the counterparty's cooperation?
A. Under Real Property Registration Act art. 69-2, in force 1 April 2023, a buyback-clause registration can be cancelled by the registration holder (the current owner) alone if 10 years have passed from the contract date. Before the reform a joint application with the buyback holder was the rule. If under 10 years or disputed, confirming the buyback period's expiry or a joint application is needed. Confirm the specific possibility with a judicial scrivener.

Q. What if the counterparty is deceased or of unknown whereabouts?
A. If the counterparty is deceased, investigate the heirs by family register and proceed against them. If the counterparty or heirs are of unknown whereabouts, consider cancellation via a dismissal decision (public summons) under Real Property Registration Act art. 70. The family-register investigation, the petition for a public summons and litigation are the field of judicial scriveners and lawyers. For a buyback clause, if 10 years have passed from the contract, cancellation may be possible alone under art. 69-2 without the counterparty's cooperation.

Q. How much cost and time does cancellation take?
A. The registration and license tax for a cancellation registration is a flat 1,000 yen per property, and a sole application with the counterparty's cooperation is relatively quick. On the other hand, once a counterparty search or a public summons (dismissal decision) is needed, both period and cost become hard to read because a court procedure is involved. If registration of inheritance is not done, that registration (mandatory from 1 April 2024) comes first. Specific cost and period are calculated by a judicial scrivener/lawyer per case.

Sources

The following public materials are starting points. Laws are amended, so check the current text, paragraph, item, enforcement date and latest amendment on e-Gov Law Search. Whether cancellation is possible and whether prescription has run divide case by case, so a check by a judicial scrivener/lawyer is needed. All were consulted on 30 October 2026. They do not guarantee an individual cancellation or that prescription has run. The sources below are in Japanese.

• e-Gov Law Search: Civil Code (Act No. 89 of 1896; art. 579 = buyback special clause, art. 580 = buyback period [at most 10 years; if none set, exercise within 5 years], art. 581(1) = third-party effect of a registered buyback clause, art. 166 = prescription of claims, etc. [10 years from when the right can be exercised])
• e-Gov Law Search: Real Property Registration Act (Act No. 123 of 2004; art. 60 = principle of joint application, art. 69-2 = sole cancellation of a buyback-clause registration [10 years from the contract date; newly added by Act No. 24 of 2021, in force 1 April 2023], art. 70 = cancellation of a registration via a dismissal decision [public summons], art. 110 = cancellation of a provisional registration [sole application by the provisional-registration holder / interested party])
• e-Gov Law Search: Non-Contentious Case Procedures Act (Act No. 51 of 2011; procedure for public summons and dismissal decision)
• Ministry of Justice explanatory materials on the "Act Partially Amending the Civil Code, etc. (Act No. 24 of 2021)" (the unknown-owner-land measures reform, including the review of sole cancellation of buyback-clause registrations and cancellation via a dismissal decision; organisation of the portion in force 1 April 2023. Consulted 30 October 2026)

This article provides general information and does not guarantee an individual cancellation, whether prescription has run, or the result of a registration procedure. Cancellation of the buyback clause, provisional registration and registration of inheritance, and the dismissal-decision procedure, are by a judicial scrivener; the search for and litigation against the counterparty/heirs by a lawyer; and the acquisition-cost calculation of capital-gains tax and application of exemptions by a tax accountant.

Joji Uramatsu (浦松 丈二), Representative Director and licensed real estate transaction specialist, Yotsuba Real Estate Co., Ltd. (四葉不動産株式会社). We provide surveys of inherited real estate and brokerage of valuation and sale. Author profile

Updated: 30 October 2026