You mentioned inheritance, but you didn't mention whether or not the registered owner is still alive.
The registered land owner died five years ago, leaving a charge on the land above 520万円, that is over 30 years old and has never been paid.
If not, did he have a wife, other children, brothers or sisters?
His wife died first.
There are only two sons, one of which handles things to do with the property on behalf of his brother, who is the main beneficiary, the reason being is that the younger brother married and took his wife's family name.
If he is not alive, and the son is the only heir, and if that son abandoned his right to inheritance, the land would eventually become subject to claims of creditors.
Based on our understanding of the Japanese inheritance law, the sons would have either had to have accepted their inheritance which would also include all debts, or abandon/forfeit their inheritance to avoid having to pay the debts, this would have had to be done within 3 months of them becoming aware of their inheritance.
If they abandoned/forfeited their inheritance, the land/property would be sold to satisfy the debts, however as we are occupying the property there is a possibility that we are in the way and they want us out to ensure we do not buy.
Do you honestly feel that the sons are going to accept a property inheritance that would result in them being responsible in having to pay debts that could be in excess of 7 million for land that is not even worth 1 million today?
Generally Japanese lawyers would advice that if debts are greater than the value of the property, they should abandon inheritance.
Additionally it has to be considered that there may also be unpaid land/property taxes, which would also be part of any inheritance.
Likewise the improvements and modifications and complaints, etc...are probably only white noise as far as your wishes are concerned.
I agree, that what the son has said and done is white noise, with the aim of getting us out of the house, as he does not want us buying it.
I think you would be better off speaking with a lawyer, rather than the bank.
The reason we are considering talking to the bank, is because it is JA Bank that is listed on the property documents as placing a charge on the property for 500万円 and as I am a registered farmer member of JA I feel they could assist us, as the land may be owned by them due to the security charge on the land.
A lot of banks like JA hold non-performing loans on their books as its cheaper than foreclosing, as foreclosing increases costs, as the bank then becomes responsible for insurance, repairs and property taxes.
The good news is that tenants have fairly secure rights in Japan, and if you speak with a lawyer you stand a good chance of getting a reasonable outcome.
I would agree. But tenancies have legal maximum lengths depending on location and as we live in a mountainous forested area the maximum term is ten years, at which point an owner would need to give or sell the property to the tenant for a nominal amount due to acquisition rights.