No Support JavaScript

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

Print Time:2024/04/30 18:58
:::

Chapter Law Content

Chapter III: The Application and Operation of Registration
Section I: The Application of Registration
Article 26
In the absence of any provision to the contrary, land registration shall be jointly applied for by the obligee and obligor.
Article 27
The following registrations may be individually applied by an obligee or registering party:
(1) General land registration;
(2) First registration of the ownership of the improvement;
(3) Acquisition of land rights through inheritance;
(4) Acquisition through auction by Court, a branch of the Administrative Enforcement Agency, or an impartial third party, or by a court’s final ruling;
(5) Change of descriptions;
(6) Change in name or domicile;
(7) Registration of deletion;
(8) Registration of caution or cancellation;
(9) Registration of statutory superficies;
(10) Registration of reversion of original ownership pursuant to the provisions of Paragraph 2 of Article 12 of the Land Act;
(11) Registration of acquisition of land through auction or sale pursuant to Paragraphs 2 and 3 of Article 17, Paragraph 3 of Article 20, or Article 73-1 of the Land Act, Articles 11 and 37 of the Act of Cadastral Investigation, or Article 51 of the Act of the Heritage Organization;
(12) Registration of rectification pursuant to Article 69 of the Land Act;
(13) Registration of acquisition of cultivation right or ownership pursuant to Article 133 of the Land Act;
(14) Registration of mortgage right pursuant to Paragraph 3 of Article 513 of the Civil Code;
(15) Registration due to the fulfillment of positive prescription pursuant to Article 769, 770, or 772 of the Civil Code;
(16) Registration of mortgage pursuant to Paragraph 4 of Article 824-1 of the Civil Code;
(17) Registration of real estate easements on one’s property pursuant to Article 859-4 of the Civil Code;
(18) Registration of the mortgage holder’s waiver of mortgage order pursuant to Article 870-1 of the Civil Code;
(19) Registration of mortgage pursuant to Paragraph 2 of Article 906-1 of the Civil Code;
(20) Registration of a Dian holder’s ownership over a mortgage pursuant to Paragraph 2 of Article 913, Paragraph 2 of Article 923 and Proviso of Article 924 of the Civil Code;
(21) Registration of National Treasury confiscation pursuant to Article 1185 of the Civil Code;
(22) Registration of real estate matter as concluded in arbitration administered by a municipality, county, or city real estate dispute conciliation committee pursuant to the arbitration regulations provided by said committee;
(23) Registration of a merger by, and between, legal persons;
(24) Registration of the concerned matters applied by an individual pursuant to other laws or regulations.
Article 28
The following registrations may be administered by a registration agency without any prior consultation or notice whatsoever:
(1) Registration of change of descriptions arising from administrative district adjustment, building number adjustment, partition or consolidation of improvement number(s) as a result of land re-survey or land readjustment or legal enforcement;
(2) Registration of state property pursuant to Paragraph 3 of Article 143;
(3) Registration of cancellation pursuant to Article 144;
(4) Registration of change in domicile pursuant to Article 153;
(5) Other registration without legally required prior consultation or notice.
Unless a land registration agency is observing consequential administrative procedures according to the registration application information provided by the concerned registering party, or administering direct registration of change in domicile or descriptions of buildings in compliance with administrative district adjustment or address assignment, the said registration agency shall notify the registering party regarding the registration result after the completion of the direct registration.
Article 29
Whenever any governmental organization meets one of the following situations, it may request the registration agency to register:
(1) Registration due to expropriation or appropriation of land;
(2) Registration due to the purchase of land at declared land value;
(3) Registration due to confirmed land readjustment or re-survey;
(4) Registration of public land according to the provisions of Article 52 of the Land Act;
(5) Registration of public land according to the provisions of Article 57, Paragraph 2 of Article 63, or Paragraph 5 of Article 73-1 of the Land Act or Paragraph 2 of Article 18 of the Act of Cadastral Investigation;
(6) Registration according to the provisions of Article 11 of the Compulsory Enforcement Act or Article 26 of the Administrative Execution Act applicable mutatis mutandis to the provisions of Article 11 of the Compulsory Enforcement Act;
(7) Registration according to the provisions of Article 66 of the Bankruptcy Act;
(8) Registration according to the provisions of Paragraph 1 of Article 24 of the Tax Collection Act;
(9) Registration of the creation and cancellation of a statutory mortgage according to the provisions of Paragraph 3 of Article 23 of the original Enforcement Rules of the Act of Public Housing;
(10) Registration of the cancellation according to the provision of Article 147;
(11) Registration of change in public land management agency according to Article 151;
(12) Any other registrations allowed to be requested to the registration agency according to the legal provisions.
Article 30
The following registrations may be applied in subrogation:
(1) The registration to which an obligor fails to apply as ordered by a court decision may be applied by the concerned obligee as a subrogate by presenting the court decision evidencing the cause of such registration;
(2) The registration of land right creation or transfer to a pawnor by a pawnee pursuant to Paragraph 1 of Article 906-1 of the Civil Code;
(3) Initial registration of constructional improvements ownership by Dian holders in subrogation due to mortgage reconstruction pursuant to Article 921 or Article 922-1 of the Civil Code;
(4) The subrogated registration by a right holder permitted by the laws.
Article 31
When improvements are totally destroyed and the owners of the said improvements fail to apply for the registration of deletion within the prescribed time limit, the landowners or holders of other rights may apply on behalf of the owners of improvements. The registration agency may also directly undertake the registration of deletion after due investigation.
The registration of cancellation of statutory superficies shall be simultaneously undertaken if superficies has been registered over the base of the aforementioned improvements; in the case of property that enjoys easements, the registration of cancellation of real estate easements over the property encumbered with easements shall be simultaneously undertaken.
The registration agency shall, after the completion of registration, notify the landowners of improvements or holders of other rights, of the result of registration. If registrations of restriction have been undertaken on the said improvements, the registration agency shall notify the requesting organizations or the persons with the rights to claim due to a registration of caution.
Article 32
One or several of the co-owners of a land may, on behalf of all co-owners’ interests, apply for the registration of co-ownership of the whole land.
The registration agency shall notify the other co-owners, after the completion of the registration, of the results of the registration.
Article 33
The application for registration of changes in land rights shall be made within one month from the date of the change of land rights. In the case of the registration of inheritance, the application may be made within six months from the beginning of the inheritance.
The date of change of rights mentioned above shall signify any of the following, as the case may be:
(1) The day when the contract is established;
(2) The day when the judicial verdict is delivered;
(3) The day when the judicial settlement or conciliation is established;
(4) The day when the mediation established according to the provisions of the Act of Township Mediation, is approved by the court;
(5) The day when the decision of arbitration, made according to the Arbitration Law, is delivered or served;
(6) The day when the documents of evidence on the transfer of property right are issued;
(7) The day when the legal fact occurs.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)