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Chapter Law Content

Chapter III: The Application and Operation of Registration
Section IV: Operational Procedure for Registration
Article 53
In the absence of any provision to the contrary, the procedure for the operation of land registration is as follows:
(1) Collection of application;
(2) Calculation and collection of registration tariffs;
(3) Examination;
(4) Public announcement;
(5) Registration on the register;
(6) Issue of certificates;
(7) Adjustment of changes;
(8) Keeping the data on file.
Public announcement referred to in Subparagraph 4 of the preceding paragraph only applies to: the general registration of land, the initial registration of land ownership, the initial registration of ownerships of improvements, the registration of positive prescription, and the registration of the re-issue of certificates. Adjustment of changes referred to in Subparagraph 7 includes statistics and notification of the changes.
Article 54
The registration agency shall immediately collect application forms upon their submission, and shall note down the matters relating to the collection in the records of applications received and the application form, unless otherwise stipulated by Article 70-5.
The collection of application referred to in the preceding paragraph shall be compiled with a serial number according to the order of reception, and the registration agency shall issue a receipt to the applicant.
Article 55
Soon after the collection of an application for registration, the registration agency shall examine the case according to the law. The examiner in charge shall note in the application form his/her opinions and put the date besides affixing his/her signature or seal.
All applications for registration that are found upon examination to be correct and proper shall be immediately registered on the register unless they shall be publicly announced, or stopped for registration according to the law.
Article 56
The registration agency shall notify the applicants to supplement or correct the application, with written statements of reasons, or upon which laws and ordinances these are based, within 15 days after receiving the notice, if any of the following conditions applies:
(1) The qualification of the applicant shows discrepancies, or his/her agent’s qualification to be an agent is inadequate;
(2) The application form is not appropriate or the submitted documents show discrepancies or are inadequate;
(3) The matters noted in the application form or matters concerning reasons for registration show discrepancies with the register or documents of evidence, and fail to explain the causes of said discrepancies;
(4) The registration tariffs have not been paid according to provisions.
Article 57
The registration agency shall dismiss the application, with written statements of reasons or on which laws and ordinances these are based, if any of the following conditions applies:
(1) The case is not within the jurisdiction of the registration agency;
(2) The case cannot be registered according to law;
(3) There is a dispute between obligee, obligor or the third parties who have interests in the legal relationship relating to the application for registration;
(4) There is a failure or still an inadequacy to supplement or to correct the application according to notified matters.
Any applicant who refuses to abide by the dismissal, referred to in the preceding paragraph, may petition according to the provisions of the Administrative Appeal Act.
The applicant, whose application is dismissed according to Subparagraph 3 of the first paragraph, may appeal to the judicial authorities for a decision or adopt Alternative Dispute Resolution mechanisms to deal with the dispute.
Article 58
The application form of a dismissed application shall be returned in full to the applicant, after the registration agency has kept copies of related documents of reasons for dismissal, for future reference.
Article 59
The registration agency shall immediately return the application form and its attachments, when all of the applicants apply in written form to revoke the application for registration before the registration has been completed.
Article 60
Any dismissed or revoked application shall be separately collected when it is re-applied for registration.
Article 61
Different time limits for each operation shall be prescribed to each type of registration. Registrations shall be operated according to serial numbers for collection or time limits for operation; this also applies to those operations conducted by groups. The registration of right over land with bigger serial numbers for collection shall not precede those with smaller ones over the same land unless the laws and ordinances have provisions to the contrary.
Once the procedure for registration begins, the process of registration shall not stop unless laws, or the Regulation, have provisions to the contrary.
Article 62
After the matters to be registered have been entered into the register, the registrar and the proofreader shall affix their official seals after fulfilling their duties.
Article 63
Any special contract indicated in the documents of evidence citing reasons for registration, shall not be examined by the registration agency if it is not relevant to the registration.
Article 64
Where there is more than one obligee, all the obligees shall be registered. Where there is more than one obligor, the same applies.
Article 65
The registration agency shall issue the certificate of rights to the applicant soon after the completion of the registration of land rights unless there is no change of contents of the certificate of rights, other laws, or the Regulation, have provisions to the contrary. However, the registration agency may amend the original certificate with notes and return it to the applicant if so allowed.
The registration agency may be exempted from the issue of the certificate of rights; instead it shall note the exemption on the “others” column of the register, if the applicant so requests with notes on the application form and any of the following conditions apply:
(1) Initial registration of improvements ownership
(2) Registration of partition of co-owned property upon the completion of the registration of the descriptions of changes.
(3) Registration of rights of public land.
The registration agency shall notify the landowner of re-issue of the certificate of land ownership after carrying out a direct registration of land partition. No creation is required prior to re-issue of the certificate.
Article 66
In the case of collective ownership of a land right, the certificate of such right shall be issued with remark of the share of right separately to each of the co-owners.
A co-owner registering for the share(s) acquired from other co-owner(s) shall present the original certificate(s) of right when applying for registration; the registration agency shall issue a certificate of right according to the total shares duly owned by the applicant.
A right holder having several exclusively owned parts of the same strata titled improvement may apply for certificates of right separately, according to such applicant’s duly owned rights of the improvement.
Article 67
The land registration shall be nullified with a public announcement after the completion of the registration, if the applicant fails to submit the certificate of rights for land registration and any of the following conditions applies:
(1) The heir submits an affidavit upon the application for registration of inheritance;
(2) The application for registration of deletion of other rights is furnished with an affidavit of the rightful holder, or the said rightful holder has submitted the evidence of having delivered the certificate of rights, and furnished the applicant’s affidavit stating his/her inability to submit the certificate;
(3) The applications for the registration of improvements are destroyed; the applicant has submitted an affidavit;
(4) The applications for the registration of deletion of the trust; the registration of identification of the trust or the change of trustee, and the obligee has submitted an affidavit;
(5) People unable or unwilling to participate in the distribution following registration of property right exchange due to urban renewal, or who fail to submit the certificate within the time limit upon being informed of replacement of certificates of land and building rights after the registration agency completes the registration;
(6) Any condition in accordance with Subparagraphs 1 to 5, Subparagraph 9, Subparagraph 12 or Subparagraph 13 of Article 35. Unless there are other exemptions from being nullified with a public announcement after the completion of the registration provided and announced by the Central Land Administration.
Article 68
After the completion of registration, the documents shall be affixed with the seal with the wording: “registration completed”, and returned to the applicant except for the application form, the documents of evidence citing reasons for registration or their replicas or copies, and the original certificate of rights which shall be cancelled.
Article 69
Where any registration is solely applied for by the obligee, the registration agency shall notify the obligor in written form after the completion of registration, unless one of following situations pertains:
(1) There is no obligor;
(2) The registration is related to auctions by the Court, a branch of the Administrative Enforcement Agency or an impartial third party;
(3) The mortgagee is a financial institution, and has submitted proof documents approving the cancellation when undergoing registration of mortgage cancellation.
Each obligor referred to in the preceding paragraph shall be individually notified if there is more than one obligor.
Article 70
A registration agency shall suspend all applications for the registrations of transfer, change, partition, and creation of right of land during the prohibition period as the Government may prohibit through public notice due to land readjustment, zone expropriation, or other legal requirements, unless the registration is applied for the real estate property right already hitherto acquired through inheritance, administrative enforcement, confiscation, court ruling, or other non-legal actions.