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๐Ÿ  Mastering Property Rights: 'Farmland Act' Complete Guide ๐Ÿ“ [Includes 5 Past Exam Questions]

ๅฎ…ๅปบๅˆๆ ผlab๏ฝœใƒ•ใ‚ฉใƒญใƒ100็‹ฌๅญฆใงๆœ€็Ÿญๅˆๆ ผ


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What kind of law is the Farmland Act? ๐ŸŒพ
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The Farmland Act is a law designed to protect farmland.
To maintain Japan's food self-sufficiency rate, it regulates farmland to prevent it from being bought or sold arbitrarily or converted for non-agricultural purposes.
It is a frequently appearing theme in the Real Estate Notary (Takken) exam, with one question every year. Let's master it thoroughly!

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First, let's learn 'Articles 3, 4, and 5' ๐Ÿ”ข
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The rules of the Farmland Act are easiest to understand when organized by article number.

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Farmland Act Article 3 | When buying, selling, or leasing farmland as farmland
Applies when selling or leasing farmland to be used as farmland.
Permitting Authority: Agricultural Commission
Cases where permission is not required: When the national or prefectural government acquires rights
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Farmland Act Article 4 | When converting farmland to non-farmland (for personal use)
Applies when converting your own farmland into a parking lot, residential land, etc.
Permitting Authority: Prefectural Governor (Minister of Agriculture, Forestry and Fisheries if exceeding 4ha)
Cases where permission is not required: Farmland within an urbanization control area only requires notification
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Farmland Act Article 5 | When buying, selling, or leasing farmland for conversion purposes
Applies when selling or leasing farmland for the purpose of conversion.
Permitting Authority: Prefectural Governor (Minister of Agriculture, Forestry and Fisheries if exceeding 4ha)
Cases where permission is not required: Farmland within an urbanization control area only requires notification

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Let's organize the differences between Articles 3, 4, and 5 ๐Ÿ“Š
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[Article 3]
Transfer of rights: Yes
Conversion: No
Permitting Authority: Agricultural Commission
[Article 4]
Transfer of rights: No
Conversion: Yes
Permitting Authority: Prefectural Governor
[Article 5]
Transfer of rights: Yes
Conversion: Yes
Permitting Authority: Prefectural Governor
The key is that Articles 4 and 5 are distinguished by 'whether there is conversion,' and Articles 3 and 5 are distinguished by 'whether there is a transfer of rights.'

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Let's grasp the cases where permission is not required โŒ
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Patterns where permission is not required are frequently used as traps in exams. Let's memorize them well!
ใƒปWhen converting farmland within an urbanization control area (Articles 4 & 5) โ†’ Notification only is OK
ใƒปWhen the national or prefectural government acquires rights (Article 3) โ†’ No permission required
ใƒปIn the case of expropriation under the Land Expropriation Act โ†’ No permission required
ใƒปAcquisition by inheritance or division of estate (Article 3) โ†’ No permission required, but notification to the Agricultural Commission is necessary

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What happens if you violate it? โš ๏ธ
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If you buy, sell, or convert without permission, the prefectural governor may issue an order to restore the land to its original state.
Also, you may be subject to imprisonment for up to 3 years or a fine of up to 3 million yen (up to 100 million yen for corporations).
The severity of the penalties shows how strict the regulations of the Farmland Act are.

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Summary of exam preparation points ๐ŸŽฏ
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Article 3 is the Agricultural Commission, while Articles 4 and 5 are the Prefectural Governor.
Within an urbanization control area, notification is all that is needed! No permission is required.
If there is conversion, it is Article 4 or 5; if there is also a transfer of rights, it is Article 5.
Inheritance does not require permission, but notification to the Agricultural Commission is necessary ๐Ÿ”‘
Conversion exceeding 4ha requires permission from the Minister of Agriculture, Forestry and Fisheries.

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Challenge the past exam questions! โœ…
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Let's try solving them in the actual exam format. The answers are provided below each question.

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Question 1๏ธโƒฃ
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When buying or selling farmland as farmland, which article of the Farmland Act requires permission? Also, who is the permitting authority?





Answer: Permission under Article 3 of the Farmland Act / Agricultural Commission
Article 3 applies when transferring rights to farmland while keeping it as farmland. The permitting authority is the Agricultural Commission. Be careful not to confuse it with the Prefectural Governor.

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Question 2๏ธโƒฃ
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When converting farmland located within an urbanization control area into residential land, you must obtain permission from the Prefectural Governor. True or False?





Answer: False
When converting farmland within an urbanization control area, permission from the Prefectural Governor is not required; only notification to the Agricultural Commission is needed. This is a common rule for both Articles 4 and 5.

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Question 3๏ธโƒฃ
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When A sells their own farmland to B for the purpose of converting it to non-farmland, which article of the Farmland Act requires permission?





Answer: Permission under Article 5 of the Farmland Act
Article 5 applies to the transfer of rights for the purpose of conversion. The characteristic of Article 5 is that it combines 'conversion + transfer of rights.' The permitting authority is the Prefectural Governor.

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Question 4๏ธโƒฃ
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When farmland is acquired through inheritance, must you obtain permission under Article 3 of the Farmland Act? True or False?





Answer: False
Permission under Article 3 is not required for the acquisition of farmland through inheritance. However, keep in mind that notification to the Agricultural Commission is required after acquisition.

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Question 5๏ธโƒฃ
โ”โ”โ”โ”โ”โ”โ”โ”โ”โ”โ”โ”โ”โ”โ”โ”โ”โ”โ”โ”
Who has the authority to grant permission when converting farmland exceeding 4 hectares?





Answer: Minister of Agriculture, Forestry and Fisheries
For the conversion of farmland exceeding 4 hectares (Articles 4 and 5), permission from the Minister of Agriculture, Forestry and Fisheries is required, not the prefectural governor. Note that the authority for granting permission changes depending on the area, which is a frequently tested point.

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The Farmland Act is a topic where it is easy to score points if you organize it around the differences between Articles 3, 4, and 5, as well as the granting authorities and cases where permission is not required.
Repeat past exam questions to firmly master the patterns๐Ÿ’ช

ใ„ใ„ใชใจๆ€ใฃใŸใ‚‰ๅฟœๆดใ—ใ‚ˆใ†๏ผ