Chapter 586

The crime scene, outside the police cordon, by now over a hundred people had gathered.

Uesugi Muneyuki was asking the property management some questions.

"Yes, this villa currently belongs to Miss Kimura Aki, and earlier it belonged to Mr. Kimura Eizō of the Hope Foundation, Mr. Kimura Eizō being the father of Miss Kimura Aki." The property management, facing Uesugi Muneyuki's questioning, said while sweating profusely.

"And earlier than that?" Uesugi Muneyuki asked.

"Earlier still, this villa belonged to Mr. Nakashima Kunio, he and Mr. Kimura Eizō were partners, together they founded the Hope Foundation, after Mr. Nakashima Kunio suddenly died of a sudden illness, this villa then came to belong to Mr. Kimura Eizō." The property management said.

"I see." Uesugi Muneyuki nodded, he thought for a moment, then turned to Superintendent Watanabe Minami at the scene and asked: "Minami, uh, you should know about adverse possession in Europe and America, right? How is this called in Japan?"

"Adverse possession? Oh oh, I know, you mean prescription, right?" Miss Watanabe Minami naturally stated the corresponding legal knowledge.

The adverse possession in Europe and America and Japan's "prescription" generally refer to the same thing, meaning "where a person without title, with the intention of ownership (i. e., acting as if they were the owner), peacefully, openly, and continuously possesses another's property (movable or immovable) for the statutory period, they may lawfully acquire ownership of that property or other property rights."

That is to say, if something has long been owned by a certain person, then in the end they can claim ownership of that thing.

Of course, it's not that easy, possession cannot be carried out through violence, coercion, or secret concealment.

It must be open, without concealment, and must actually involve control, continuous and uninterrupted, with no one raising an objection, then after a period of time, one can apply to the court for "confirmation of rights" to have it become one's own.

This is further divided into good faith adverse possession and bad faith adverse possession.

Good faith adverse possession refers to the possessor being in good faith (unaware the property does not belong to them) and without fault (no reason to know the property does not belong to them), continuously possessing for 10 years with no objection raised, then applying to the Legal Affairs Bureau for confirmation of rights.

Bad faith adverse possession refers to the possessor knowing full well this thing does not belong to them, but continuously possessing for 20 years with no objection raised, then they can directly apply to the Legal Affairs Bureau for confirmation of rights.

However, good faith adverse possession is more troublesome, you need to make this group of conservative bureaucrats in Japan believe you are without malice and without fault, whereas bad faith adverse possession does not require such trouble, you simply register and prove you have controlled movable or immovable property for 20 years.

And Europe and America's "adverse possession" goes even further, allowing "hostile possession", hostile possession referring only to real estate and land, meaning a person (the possessor) actually, continuously, exclusively, openly, and hostilely possesses the land of another without the true owner's (registered owner's) permission, and upon reaching the statutory period, may petition the court to confirm and acquire ownership of that land.

Adverse possession is a very old concept, this law originally was used in feudal times to protect actual operators and actual laborers.

Yes, adverse possession actually protects the working people.

For example, in southern France there is a patch of wasteland, nobles did not want to farm it, so through intermediaries they fooled a few farmers, saying this is ownerless wasteland yet can be used to grow cash crops, you can go plant grapes to make wine!

As everyone knows, grapes need several years to grow before bearing fruit suitable for winemaking, so this group of farmers rose early and worked late, toiling hard for several years, finally the vineyard was established and the fruit ripened and could be harvested.

The nobles appeared in a flash, holding title deeds in hand, saying you've worked hard, but the land rights to this plot belong to us, you are illegally planting, now please get out, the vineyard is mine.

In reality, many farmers in Spain, Italy, and France were tricked this way.

But with adverse possession, the nobles' tricks no longer work, the court judges will decide that since the other party has been the actual manager, taxpayer, and cultivator of this land for these years, while you hold the title deed yet never fulfill your duties and never raise an objection, then this land should belong to this group of farmers.

Another example is the United States, namely if someone moves into another's home, but these years they have resided as head of household, managed, weeded, maintained, paid property and land taxes and various municipal fees for repairs, heating, water, and electricity, and no one has raised an objection, then after a certain time they can, through a confirmation lawsuit, prove and become the actual owner of the real estate.

This is "adverse possession".

It is normal for people in that country across the sea to be vague about this concept, because since ancient times the Celestial Dynasty has had serious "unclear property rights" problems, for example, theoretically the emperor is rich with the Four Seas, but actually land also has landlords, and moreover landlords are divided into land rights, field rights, and cultivation rights, simultaneously the confused property rights change extremely rapidly and without clear registration (only the founding emperor and dynasty peak periods have the ability to check a little), naturally adverse possession does not exist as a concept.

For example, theoretically all land is public ownership, residents only have "seventy-year usage rights", but this "seventy-year usage right" whether it counts as permanent property rights is extremely vague, only saying it can be renewed upon expiration, coincidentally the lifespan of most pigeon-cage high-rise buildings also does not reach seventy years, waiting for natural collapse already leaves one in a dilemma.

"Muneyuki, you mean, this Miss Yamashita, is an illegal tenant or even adverse possessor?" Ikeda Erena with a "so amazing so complex" expression couldn't help but say.

"Erena-chan, did you really understand?" Watanabe Minami said a long passage, snatched the orange juice from Ikeda Erena's hand and took a sip.

"Yes, I really understood, so Miss Yamashita just needs to live here for a period of time, she will become the actual owner of this villa, right?" Ikeda Erena stated firmly, her eyes full of innocence.

So this guy completely didn't understand.

Everyone present muttered in their hearts.

And after Uesugi Muneyuki finished listening, he already completely understood, he got it!

So that's how it is?

Just at this moment, outside the crime scene, an unassuming black Toyota Century arrived.

"Wait! Stop, this is a murder scene! Please do not approach!" Immediately a patrol officer stepped forward to stop him.

The Toyota Century's window rolled down, revealing a middle-aged man's face, he wore a well-fitted dark suit, his demeanor tranquil as water, contrasting sharply with the surrounding noisy police cars and media, seeing someone stop him, he took out his phone from the window and placed it near the patrol officer's ear, indicating for me to listen.

The patrol officer was initially angry, but as the voice on the phone spoke, he immediately nodded and bowed slightly, showing some obsequiousness, indicating to let him pass immediately.

He did not forcibly enter the core scene, but quietly stood slightly behind Superintendent Watanabe Minami's side, showing absolute respect.

He would nod slightly to Watanabe Minami and Uesugi Muneyuki, speaking with just the right volume: "Superintendent Watanabe, Doctor Uesugi. I am Tokugawa Narimitsu, Councillor of the Imperial Household Agency from the Hitotsubashi Tokugawa family, sent by order to assist in communication and logistical support. You two please completely ignore my presence and proceed with your professional procedures. Only, when convenient for you, I hope to obtain some basic information not involving investigative secrets, so the Imperial Household Agency can adjust security levels."

Imperial Household Agency, again a peerage? Watanabe Minami and Asuka were somewhat taken aback.

"Understood, please Councillor Tokugawa just stand by and watch." Uesugi Muneyuki nodded, he had seen this elder at his brother's wedding, never expecting the other also worked at the Imperial Household Agency.

It seems the Imperial Household Agency is also interested in this case, after all, at this moment the Imperial Family is vacationing in Karuizawa, the appearance of a corpse and suspected homicide indeed would shake the Imperial Household Agency, they are here to understand the situation.

And Uesugi Muneyuki was waiting.

If he hadn't guessed wrong, as the true owner of this villa, Miss Kimura Aki should be nearby waiting for news.

Sure enough, not long after, a large red Infiniti slowly arrived, from which stepped a woman in her twenties, with wheat-colored skin and black short hair over the ears, wearing a Chanel outfit and bearing a world-weary face.

"Very good." Seeing her get out, Uesugi Muneyuki smiled and clapped his hands, indicating everyone, look at me, look at me, I want to announce something!

"Ladies and gentlemen, there is no longer any doubt, this is a murder case involving adverse possession." Uesugi Muneyuki said calmly.

Everyone present nodded in agreement, yes, without doubt, Miss Yamashita wanted to adversely possess this villa, everyone understood.

However, Uesugi Muneyuki's following words were earth-shattering!

"Because this Miss Yamashita Mizuki who appeared to have picked the lock and entered the villa and burned charcoal to commit suicide" is the true owner of this villa!!!

>