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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 08:28
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Chapter Law Content

Title: Land Act CH
Category: Ministry of the Interior(內政部)
Part II. Cadastration
Chapter IV. Registration of Changes in Land Rights
Article 72
After the general registration of land, any change in land rights such as transfer, subdivision, consolidation, augmentation, diminution, or extinction, shall be duly registered.
Article 73
Application for the registration of any change in land rights shall be made by the landowner; but application for the registration of any change in rights over land other than ownership shall be made jointly by the obligee and the obligor. If the registration of change in land rights is due to inheritance, the application may be filed by any inheritor on behalf of all inheritors. But the application does not affect other inheritors’ rights to renounce inheritance or to fix a limit to inheritance.
The application referred to in the preceding paragraph shall be made within one month after any change in a land right has been effected. In case of the registration of inheritance, the application may be made within six months from the day the inheritance has been effected. In case the application is made after the expiration of the said period, a fine equivalent to the registration fee for each month in arrears may be imposed on the applicant, limited to no more than twenty times of the registration fee.
Article 73-1
Where the registration of change on any inherited land or constructional improvement thereon has not been applied for after one year following the inheritance, the competent Special Municipal or County (City) Land Administration Agency shall publicly announce that the inheritors shall apply for the registration of change within three months, and shall notify the inheritors in writing. The competent Land Office may take over the management of the said land and make a detailed statement in tabulated form on the case, if the inheritors fail to apply within the said time limit. But if the applicant is not responsible for the cause of such failure, that time limit shall not be taken into account.
The duration of the management referred to in the preceding paragraph shall not be more than 15 years. If the registration of change of the inherited land or constructional improvement still has not been applied for after 15 years, the competent Land Office shall transfer them together with a list to the National Property Administration, Ministry of Finance for public tendering and notify the inheritors in writing. Any inheritor or third party who has unlawfully taken possession of the land shall forfeit his right of possession after sale by tender. If the inherited land or constructional improvements have been under a lease for more than five years, the lease shall not be for more than five years after public tendering.
The sale by tender of the land or constructional improvement according to Paragraph two shall be publicly announced for 3 months, and the inheritors, lawful occupants, or other co-owners shall have preferential right to purchase the area occupied by them in the said order. But the preferential right shall be deemed to have been waived if the holder does not express his intention to make the purchase within 30 days of the closure of the sale by tender.
A special account shall be set up in the National Treasury to keep the proceeds from the sale by tender, and the inheritor may withdraw his lawful share accordingly. The proceeds, if no inheritor withdraws within 10 years, shall belong to the National Treasury.
The National Property Administration, Ministry of Finance shall choose another time to re-tender the land or constructional improvement referred to in Paragraph two, if there is no buyer, or the highest price bid by a buyer is lower than the lowest offer price. The National Property Administration, Ministry of Finance shall consider reducing the offer price for re-tender. The reduction shall not be more than 20 per cent. If a sale by tender fails for the fifth time, then the land or constructional improvement shall be registered as state owned, and the forfeiture of the right of possession, and the limit of duration to the lease provided by the second half of Paragraph two shall, mutatis mutandis, apply. The original obligee may, by furnishing documentary evidence, apply to the National Property Administration, Ministry of Finance for the withdrawal of proceeds according to his lawful share of the inheritance, from the specific account referred to in Paragraph four, within 10 years from the completion of registration. After the claim is proved to be correct by examination, the amount calculated based on the base offering price of the land or constructional improvement at the fifth sale by tender shall be given, if there is no objection filed during the public announcement period.
Article 74
Application for the registration of any change in a land right shall be filed together with the original certificate of landownership and the attached plot map, or with the original certificate of any other right over land, as the case may require.
Article 75
When an application for the registration of a change in a land right has been examined and found to be correct and proper by the competent Special Municipal or County (City) Land Administration Agency, the said change shall be immediately entered in the general register, a certificate of landownership or of any other right over land, as the case may require, shall be issued to the applicant, and the original certificate of land ownership or of other right over land shall be either nullified or duly annotated, as the case may require.
A plot map shall be attached to the certificate of landownership issued according to the provisions of the preceding paragraph.
Article 75-1
Before the completion of the registration referred to in the preceding Article, the land Office shall immediately change the registration to be a case of attachment, provisional appropriation, provisional disposition, or bankruptcy, and notify the applicant if it is required by the court to undertake the registration according to those circumstances.
Article 76
In applying for the registration of any change in a land right, the obligee shall pay a registration fee at the rate of 0.1 per cent of the declared value of the land or 0.1 per cent of the value of any right over it other than ownership, as the case may be.
But no registration fee shall be charged for the registration of a change in the content of any other right over land, unless its value increases when a registration fee shall be charged on the increased value according to the preceding paragraph.
Article 77
For each certificate of landownership or of any other right over land issued in the registration of a change in land right, a fee shall be charged according to the provisions of Article 67.
Article 78
For each of the following registrations, the applicant shall be exempt from paying the registration fee:
(1)Registration of change due to land consolidation.
(2)Registration of rectification.
(3)Registration of deletion.
(4)Registration of cancellation.
(5)Registration of change in name.
(6)Registration of change in domicile.
(7)Registration of change of descriptions.
(8)Registration of restriction.
Article 79
Requests for the replacement of certificates of landownership or of other rights over land that are either damaged or entirely destroyed or lost shall be made according to the following provisions:
(1)Any one making a request for the replacement of a certificate that is damaged shall submit the original damaged certificate for examination.
(2)Any one making a request for the replacement of a certificate that is entirely destroyed or lost shall fully explain the causes of its destruction or loss and shall furnish related supporting documents, and a replacement may be issued to him after his request has been publicly announced for 30 days by the competent Land Office, if there is no objection filed during the public announcement period.
Article 79-1
The applicant shall furnish the approval of the person whose name is registered when applying for the registration of caution of the following rights to claim:
(1)Rights to claim in relation to the transfer of land right or to its elimination.
(2)Rights to claim in relation to the change of contents or order of land right.
(3)Rights to claim the attachment of conditions or a time limit.
Before the registration of advance announcement referred to in the preceding paragraph is cancelled, the person whose name being registered shall not dispose of, or set any encumbrance on the land. The said disposal or encumbrance is invalid if it obstructs the registered rights to claim. The registration of advance announcement does not exclude any new registration based on expropriation, judicial decision or special performance.
Article 79-2
A fee to cover expenses, or for viewing, shall be charged if any one of the following conditions applies:
(1)Application for the change or the replacement of the original certificate of land ownership or of other right over land is filed.
(2)Application for the issue of a transcript or abridgment of the land register or the cadastral map.
(3)Application for transcribing or photocopying the application form and its attachment.
(4)New certificates issued to a new lot created after an application for the registration of subdivision.
(5)Application to view the blue print or copy of the cadastral map.
(6)Application to view the electronically processed file of cadaster
Rules governing the fees charged to cover expenses, or for viewing, referred to in the preceding paragraph, shall be formulated by the Central Land Administration.
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