The inherited land abuts a waterway or an 'akamichi' (an extra-legal public object). To sell, do I need a use-abolition and a sell-off?

The key point: Even where inherited land has an "akamichi" (an old footpath / a red line) or an "aomichi" (a waterway / a blue line)—so-called extra-legal public objects—cutting into or abutting it, the land itself belongs to the heir and you can start preparing to sell. But if someone else's land (usually the municipality's) intrudes into the site, a buyer cannot use that part as site, so in practice you have the extra-legal public object "use-abolished" and then take a "sell-off (disposal by sale)", folding it into the site before selling. Extra-legal public objects are footpaths and waterways not governed by special laws such as the Road Act or the River Act; by the Act for the Development of Related Acts to Promote Decentralisation (Act No. 87 of 1999) and the resulting reform of the Act on Special Measures Concerning State Property (Act No. 219 of 1952), those with a function were transferred for free from the State to municipalities by 31 March 2005. So a functioning akamichi/waterway is in many cases managed by that municipality, which is also the window for use-abolition and sell-off (those that have lost their function are managed by the Ministry of Finance = a Finance Bureau). As a premise for the sell-off, a boundary (fude-kai) survey with the neighbours and a subdivision are often needed, which is a land and house investigator's work. Drafting the use-abolition/sell-off documents and submission is an administrative scrivener's; the subdivision and land-category-change registration a land and house investigator's; the ownership-transfer registration on sell-off a judicial scrivener's; the capital-gains and acquisition-cost tax a tax accountant's; and a dispute with a neighbour, once it surfaces, a lawyer's. We (a real-estate transaction business) act as the window for the sale, connecting you to each as an independent business contracted with separately (no referral fees are exchanged).

For heirs who have inherited, and want to sell, land abutting or enclosing an extra-legal public object such as an akamichi or waterway, this article organises why it is hard to sell as is, in what order use-abolition and sell-off proceed, and who to ask. This is general information; the individual judgment on whether a use-abolition is possible and on the sell-off rests with the municipality where the property is, and with qualified professionals such as land and house investigators.

Yotsuba Real Estate Co., Ltd. (四葉不動産株式会社), based in Bunkyo, Tokyo, provides surveys, valuation and brokerage for the sale of inherited real estate. You can consult us from the stage of "there's a red or blue line on the cadastral map".

Why is land hard to sell as is when an akamichi/aomichi (an extra-legal public object) is on the site?

An akamichi (footpath / red line) or aomichi (waterway / blue line) is the trace of an old footpath or waterway, shown as a red or blue line on the Legal Affairs Bureau's cadastral map. Because they are not governed by special laws such as the Road Act or the River Act, they are called "extra-legal public objects", and their owner is in many cases the municipality that manages the land (those that have lost their function, the State = a Finance Bureau).

If an akamichi/waterway cuts into inherited land, that part is not the heir's and cannot be freely used as site. For building or subdivision plans too, the site cannot be used as a whole, affecting road access and the effective building-land area. From a buyer's or a bank's view, it is a "site with a strip of land under someone else's name inside it", which hampers the sale.

State	Buyer's worry
An akamichi/waterway cuts into the site	That part cannot be used as site, making building/use plans hard
The site abuts an akamichi/waterway	Road access and boundary treatment unclear, valuation tends to fall
The cadastral map has a red/blue line but there is no trace on site	Current state and the map differ; a boundary/ownership survey is needed

In practice you use-abolish this extra-legal public object, take a sell-off, fold it into the site, and then sell. Issues of private-road shares and road access are covered in the flow to sell land with an inherited private-road share, and issues of flagpole/landlocked land in the flow to sell inherited flagpole/landlocked land. This article limits its subject to the entrance of use-abolition and sell-off of an extra-legal public object (an akamichi/waterway).

In what order, and to where, do I apply for use-abolition and a sell-off?

To fold an extra-legal public object into the site, you first have the municipality recognise, by "use-abolition", that the land has ended its role as a public object, then buy it by "sell-off (disposal by sale)". The rough order is: survey the current state and cadastral map → boundary (fude-kai) survey → apply for use-abolition → apply for the sell-off and pay the price → ownership-transfer registration.

Stage	Content	Window / who
Use-abolition	For an extra-legal public object that has in fact lost its function, abolish its use as a public object	Municipality (by its extra-legal-public-object management ordinance/guideline)
Sell-off (disposal by sale)	After use-abolition, buy the land, now ordinary property, at market value	Municipality
Drafting/submitting documents	Drafting the use-abolition/sell-off application documents	Administrative scrivener

The requirements for use-abolition are set by each municipality, but published examples list that it is clear the target section has in fact lost its function and is unused, that use-abolition will not make neighbouring land an enclosed (landlocked) parcel, and that there is no road-widening or development plan and no need to retain it. Some municipalities require the consent of neighbouring owners and the neighbourhood association. An akamichi/waterway that has not lost its function is, in principle, not a target for use-abolition/sell-off. Whether it is possible is judged by the municipality where the property is. We organise, from the cadastral map and current state, a view of which line it is likely to fall under.

Who does the boundary (fude-kai) survey and subdivision that the sell-off presupposes?

To take a sell-off, a survey confirming the boundary (fude-kai) with the neighbouring land, to identify the extent of the extra-legal public object bought, and a subdivision as needed, are the premise. This is a land and house investigator's professional field.

Here it helps to distinguish "fude-kai" (the registered boundary) from the "ownership boundary". The fude-kai is the line marking the registered extent of a parcel; parties cannot move it by agreement, and where it is unclear there is a fude-kai-identification system under the Real Property Registration Act (Act No. 123 of 2004) art. 123 and after. The ownership boundary is the extent of ownership decided by the parties' agreement or dispute; the two may not coincide. In a sell-off, the boundary is confirmed with the municipality and neighbouring owners present, and a survey plan is made to fix the extent.

Work	Content	Who
Boundary (fude-kai) survey and attendance	Confirm the boundary with the municipality and neighbours, make a survey plan	Land and house investigator
Subdivision registration	Registration of description dividing the part to be sold off as one parcel	Land and house investigator
Land-category-change registration	Registration of description changing the land category to building land, etc. after the sell-off	Land and house investigator
Ownership-transfer registration on sell-off	Registration of rights transferring ownership from the municipality to the buyer	Judicial scrivener

Because the extent of the sell-off cannot be set until the boundary is fixed, the survey is in many cases needed in parallel with use-abolition/sell-off. The general flow of a boundary survey is covered in the boundary survey and sale of inherited real estate. Subdivision and land-category change are registration of description by a land and house investigator; the ownership transfer on sell-off is registration of rights by a judicial scrivener—the roles differ. This article shows only the line of division of roles and leaves the individual survey/registration to the qualified professionals.

What are the rough costs and periods? (survey, sell-off price, registration)

Costs break down largely into survey, sell-off price and registration. Each varies by case (area, number of neighbours, presence of a boundary dispute), so here is the nature of each as a yardstick.

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Kind of cost	Nature	Who / who decides
Boundary survey and subdivision cost	Varies with the number of neighbours and the attendance effort	Land and house investigator
Sell-off price	The market value of the land sold off. The municipality decides, based on appraisal, fixed-asset valuation, etc.	Municipality
Registration and licence tax (subdivision/land-category change)	A flat 1,000 yen per property (by the kind of registration of description)	Legal Affairs Bureau
Registration and licence tax (ownership transfer)	The fixed-asset valuation multiplied by a tax rate	Legal Affairs Bureau
Each professional's fee	The fees of the administrative scrivener, land and house investigator and judicial scrivener respectively	Each business

The method of calculating the sell-off price and the processing period from use-abolition to sell-off differ by municipality, and if the boundary confirmation with neighbours takes time, the whole period becomes hard to read. The concrete sell-off price is calculated by the municipality, and the survey/registration costs by each qualified professional, per case. We separate the stages—survey, sell-off, registration—from the timing of the sale, and organise them.

Can I proceed while inheritance registration is unfinished? Who do I refer registration, tax and disputes to?

If the inherited land is still in the deceased's name, inheritance registration comes first. Inheritance registration became mandatory from 1 April 2024 (Real Property Registration Act art. 76-2), and failing to apply within the period without a justifiable reason can be subject to a non-penal fine. Without the name moved to the heir, the sell-off and sale are hard to proceed.

Trouble	Who to refer to
Survey of the cadastral map and current state, valuation, sale brokerage	Us (a real-estate transaction business)
Drafting/submitting the use-abolition/sell-off documents	Administrative scrivener
Boundary (fude-kai) survey, subdivision/land-category-change registration	Land and house investigator
Inheritance registration, ownership-transfer registration on sell-off	Judicial scrivener
Capital-gains acquisition-cost calculation, special-exception application, filing	Tax accountant
A dispute over the boundary or use with a neighbouring owner	Lawyer

These are each independent businesses, contracted with separately. We neither receive nor pay referral or introduction fees. Whether a use-abolition is recognised and what the sell-off price is are judged by the municipality; fixing the fude-kai is the land and house investigator's; registration the judicial scrivener's/land and house investigator's; tax the tax accountant's. Looking at the cadastral map and current state, we separate the issues—use-abolition, sell-off, survey, registration—and take consultations from 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 selling inherited land with an akamichi/waterway—initial consultation is free

In your message, write "extra-legal public object (akamichi/waterway)" and include whether there is a red/blue line on the cadastral map, whether there is a trace of a path/waterway on site, whether inheritance registration is done, and the property's location (municipality). Without presuming it is or is not sellable, we begin with the survey of the cadastral map and current state, and arranging which parts to refer to the use-abolition, sell-off, survey, registration and tax professionals.

Frequently asked questions

Q. Can I sell inherited land even though an akamichi/waterway cuts into the site?
A. The land itself is the heir's, so you can start preparing to sell. But the akamichi/waterway part is in many cases the municipality's and cannot be used as site, so in practice you use-abolish it, take a sell-off, fold it into the site and then sell. Whether use-abolition/sell-off is possible is judged by the municipality where the property is. This article shows only the line; the individual judgment rests with the municipality and qualified professionals.

Q. Is the window for the sell-off the State, or the municipality?
A. By the reform of the Act on Special Measures Concerning State Property following Act No. 87 of 1999, functioning extra-legal public objects were transferred for free from the State to municipalities by 31 March 2005. So a functioning akamichi/waterway is in many cases managed by that municipality, which is also the window for use-abolition and sell-off. Those that lost their function and were not transferred are managed by the Ministry of Finance (a Finance Bureau). Which it is, confirm with the municipality.

Q. Is a survey always required before the sell-off? Who do I ask?
A. To identify the extent bought, a boundary (fude-kai) survey with the neighbouring land is often the premise, and this is a land and house investigator's work. The fude-kai is a registered line the parties cannot move by agreement; where unclear there is the fude-kai-identification system under Real Property Registration Act art. 123 and after. Subdivision and land-category change are registration of description by a land and house investigator; the ownership transfer on sell-off is registration of rights by a judicial scrivener.

Q. Can I proceed with use-abolition or the sale even if inheritance registration is not done?
A. If the name is still the deceased's, the sell-off and sale are hard to proceed, and inheritance registration usually comes first. Inheritance registration became mandatory from 1 April 2024 (Real Property Registration Act art. 76-2), and failing to apply within the period without a justifiable reason can be subject to a non-penal fine. Inheritance registration is a judicial scrivener's field. We organise the order—moving the name to the heir first, then on to use-abolition, sell-off and sale.

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. The requirements for use-abolition/sell-off and the calculation of the sell-off price differ by municipality, so confirm the ordinance/guideline of the municipality where the property is directly. All were consulted on 31 October 2026. They do not guarantee an individual use-abolition or the sell-off. The sources below are in Japanese.

• e-Gov Law Search: Act on Special Measures Concerning State Property (Act No. 219 of 1952; the basis for transferring extra-legal public objects to municipalities. Those with a function were transferred for free to municipalities by the reform following the decentralisation package)
• e-Gov Law Search: Act for the Development of Related Acts to Promote Decentralisation (Act No. 87 of 1999 = the decentralisation package; set up the transfer scheme for extra-legal public objects. The transfer period ran to 31 March 2005)
• e-Gov Law Search: Local Autonomy Act (Act No. 67 of 1947; art. 238 and after = the division of public property into administrative/ordinary property, and the basis for use-abolition and disposal)
• e-Gov Law Search: Real Property Registration Act (Act No. 123 of 2004; art. 37 = land-category-change registration, art. 39 = subdivision registration, art. 76-2 = duty to apply for inheritance registration [in force 1 April 2024], art. 123 and after = the fude-kai-identification system)
• Each municipality's extra-legal-public-object management ordinance and sell-off (use-abolition-and-transfer) guideline (the requirements for use-abolition, the calculation of the sell-off price and the application documents differ by municipality. Consulted 31 October 2026; whether it is possible rests with the municipality)

This article provides general information and does not guarantee an individual use-abolition, the sell-off, fixing the fude-kai or a registration result. Drafting the use-abolition/sell-off documents is an administrative scrivener's; the boundary (fude-kai) survey and subdivision/land-category-change registration a land and house investigator's; inheritance registration and ownership-transfer registration on sell-off a judicial scrivener's; the capital-gains acquisition-cost calculation and special-exception application a tax accountant's; and a dispute with a neighbour a lawyer's.

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, valuation and brokerage for the sale of inherited real estate. Author profile

Updated: 31 October 2026