Tokyo Unnatural Forensics

Chapter 584, Benevolent Encroachment!
Outside the police cordon at the crime scene, hundreds of people had already gathered.

Uesugi Muneyuki was asking the property management some questions.

"Yes, this villa currently belongs to Ms. Kimura Aki. Before that, it belonged to Mr. Kimura Eizo of the Yangwang Foundation. Mr. Kimura Eizo is Ms. Kimura Aki's father," the property manager said, sweating profusely, in response to Uesugi Muneyuki's inquiry.

"Then even earlier?" Uesugi Muneyuki asked.

“Even earlier, this villa belonged to Mr. Kunio Nakajima, who was a partner with Mr. Eizo Kimura. Together they founded the Yangwang Foundation. After Mr. Kunio Nakajima suddenly passed away from an illness, the villa became the property of Mr. Eizo Kimura,” the property management said.

"I see." Uesugi Muneyuki nodded. He thought for a moment and then asked Watanabe Minami, who was present, "Minami, um, you should know about the concept of adverse occupation in Europe and America, right? What's it called in Japan?"

"Adverse right of appropriation? Oh, I see, you mean acquisitive prescription, right?" Miss Minami naturally recited the relevant legal knowledge.

The concept of adverse possession in Europe and America and the "acquisitive prescription" in Japan are essentially the same thing. They refer to "a system in which a person without rights can legally acquire ownership or other property rights in another person's property (movable or immovable) after a statutory period of peaceful, open, and continuous possession with the intention of ownership (i.e., as if he were the owner).

In other words, if something is owned by someone for a long period of time, then that person can eventually claim ownership of that thing.

Of course, it's not that easy. Possession cannot be achieved through violence, coercion, or clandestine means. It must be open, undisguised, and subject to de facto control, continuous and uninterrupted, without any objections. Only then, after a period of time, can one apply to the court for "confirmation of ownership" and claim it as their own.

This can be further divided into bona fide misappropriation and malicious misappropriation.

Bona fide possession refers to a situation where the possessor is in good faith (unaware that the object does not belong to them) and without fault (having no reason to know that the object does not belong to them), and continues to possess it for 10 years without anyone raising any objection, and then applies to the Legal Affairs Bureau for confirmation of ownership.

Malicious appropriation refers to a situation where the possessor knows that the item does not belong to them, but continues to possess it for 20 years without any objection. In such cases, they can directly apply to the Legal Affairs Bureau for confirmation of ownership.

However, bona fide seizure is more complicated. You need to convince these conservative Japanese bureaucrats that you are without malice or negligence. Malicious seizure, on the other hand, is less complicated. You can simply register to prove that you have controlled the movable or immovable property for 20 years.

The "adverse appropriation" in Europe and America goes a step further, allowing "hostile appropriation." Hostile appropriation refers only to real estate and land. It means that someone (the appropriator) actually, continuously, exclusively, openly, and hostilely occupies the land without the permission of the true owner (the registered owner), and after a statutory period, can request the court to confirm and obtain ownership of the land.

Adverse misappropriation is a very old concept. This law was originally used in the feudal era to protect actual operators and actual workers.

Yes, the infringement of rights actually protects the working people.

For example, there was a piece of wasteland in the south of France that the nobles did not want to cultivate. So they used a middleman to trick a few farmers into thinking that although the land was unclaimed, it could be used to grow cash crops and that the farmers could grow grapes and make wine!

As we all know, grapes need to be planted for several years before they can produce fruit suitable for winemaking. So these farmers worked hard from dawn till dusk for several years, and finally the vineyard was built and the fruit was ripe and ready for harvest.

The nobles made a grand entrance, holding land deeds in their hands, saying, "Thank you for your hard work, but this land belongs to us. You are illegally planting here. Now get out of here. The vineyard is mine."

In fact, many farmers in Spain, Italy, and France have been scammed in this way.

However, with the encroachment of rights, the nobles' tricks no longer worked. The court judges would determine that since the other party had been the actual manager, taxpayer, and cultivator of this land for many years, and you held the land deed but never fulfilled your duties or raised any objections, then this land should belong to these farmers.

Another example is the United States. If someone moves into someone else's house and lives there as the homeowner for several years, managing, maintaining, and paying property taxes, land taxes, and various municipal fees, repair costs, heating, water, and electricity bills without any objection, then after a certain period of time, they can prove themselves as the actual owner of the property through a title-establishment lawsuit.

This is called "adverse appropriation".

It's normal for people from a certain country across the sea to be unclear about this concept, because China has had a serious problem of "unclear property rights" since ancient times. For example, theoretically, the emperor owns the whole world, but in reality, land is owned by landlords, and landlords are further divided into land rights, field rights, and cultivation rights. At the same time, the chaotic property rights change very, very quickly and are not clearly registered (only the founding emperor and the peak period of the dynasty have the ability to check a little bit), so naturally the concept of unauthorized encroachment does not exist.

For example, theoretically all land is publicly owned, and residents only have a "70-year right to use it." However, this "70-year right to use it" is not a permanent property right; the concept is very vague. It only states that it can be renewed upon expiration. Coincidentally, the lifespan of most high-rise buildings with cramped, overcrowded layouts is not even 70 years, and by the time they naturally collapse, the dilemma is already resolved. "Zongxue, do you mean that this Ms. Yamashita is an illegal tenant or even an illegal occupant?" Ikeda Erena asked with a "Wow, that's amazing and complicated" expression.

"Rena-chan, did you really understand?" Minami said a long sentence, then grabbed the orange juice from Rena's hand and took a sip.

“That’s right, I really understand. So, as long as Ms. Yamashita stays here for a while, she will become the actual owner of this villa, right?” Erena said firmly, her eyes filled with innocence.

So this guy didn't understand at all.

Everyone present was thinking the same thing.

After listening to this, Uesugi Muneyuki completely understood; he got it!
So that's how it was.

Just then, an inconspicuous black Toyota Century arrived outside the crime scene.

"Wait! Stop! This is a crime scene! Please do not approach!" A patrol officer immediately stopped them.

The window of the Toyota Century rolled down, revealing the face of a middle-aged man. He was dressed in a well-fitting dark suit, with a calm and composed demeanor, standing out from the noisy police cars and media around him. When he saw someone stopping him, he took out his phone from the car window and held it to the patrol officer's ear, indicating that I should listen to it.

The patrol officer was initially angry, but upon hearing the voice on the phone, he immediately became obsequious and somewhat fawning, indicating that he should let him go immediately.

He did not force his way into the core area, but stood quietly slightly behind Inspector Watanabe Minami, showing absolute respect.

He would nod slightly to Minami and Uesugi Muneyuki, and say in just the right volume:

"Inspector Watanabe, Dr. Uesugi. I am Tokugawa Shigemitsu, a counselor in the Imperial Household Agency, from the Hitotsubashi Tokugawa family. I have been ordered to come to assist with communication and logistical support. Please disregard my presence and proceed according to your professional procedures. However, at your convenience, I would like to obtain some basic information that does not involve classified information so that the Imperial Household Agency can adjust the security level."

The Imperial Household Agency, another member of the nobility? Minami and Asuka were somewhat taken aback.

"Understood. Please keep an eye on things from the side, Councilor Tokugawa." Uesugi Muneyuki nodded. He had met this elder at his brother's wedding and was surprised to find that the elder also worked in the Imperial Household Agency.

It seems the Imperial Household Agency is also interested in this case. After all, the Imperial Family is currently on vacation in Karuizawa, and the discovery of a body and the suspected homicide would certainly cause a stir in the Imperial Household Agency. They have come to investigate the situation.

Uesugi Muneyuki was waiting.

If he wasn't mistaken, Ms. Kimura Aki, the true owner of this villa, should be waiting for news nearby.

Sure enough, they didn't have to wait long. A bright red Infiniti slowly pulled up, and a woman in her early twenties with tanned skin, short black hair that reached past her ears, a world-weary face, and wearing a Chanel outfit stepped out of the car.

"Very good." Seeing her come down, Uesugi Muneyuki smiled and clapped his hands, signaling everyone to look at him, because he had something to announce!
"Gentlemen, there is no doubt now. This is a murder case involving unauthorized appropriation," Uesugi Muneyuki said calmly.

Everyone present nodded in agreement. Yes, without a doubt, Miss Yamashita wanted to usurp the villa against her will; everyone understood.

However, Uesugi Muneyuki's next statement was earth-shattering!
"Because Ms. Yamashita Mizuki, who appeared to have broken into the villa and 'committed suicide by burning charcoal,' is actually the true owner of this villa!!!"

(End of this chapter)