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Chapter Law Content

Title: Land Act CH
Category: Ministry of the Interior(內政部)
Part II. Cadastration
Chapter III. General Registration of Land
Article 48
The general registration of land shall be carried out according to the following steps:
(1)Cadastral investigation.
(2)Proclamation of registration districts and of the period of application for registration.
(3)Filing of applications and documents.
(4)Critical examination of applications and public announcement of the results thereof.
(5)Entry on the register, issuance of certificates, and compilation of registration books.
Article 49
The period of application for registration in any registration district shall not be shorter than two months.
Article 50
The cadastral map of a registration district shall be exposed to public view before the general registration of land begins.
Article 51
Application for the general registration of land shall be made by the landowner by filing a written application together with documents of evidence during the period of application for registration. In case rights over land other than ownership are to be registered, the application shall be made jointly by obligee and the obligor.
Article 52
The registration of public land shall be effected by the competent Special Municipal or County (City) Land Administration Agency at the request of the authority which is entrusted with the care of the said land or which is using it; and under the “Owners” column a note shall be inserted to indicate whether the land is owned by the State, the Special Municipality, the County (City), the District or the Township.
Article 53
Any public land which is neither entrusted to the care of, nor used by any public authority, or any public land which has come to light as a result of cadastration, shall be directly registered by the competent Special Municipal or County (City) Land Administration Agency; and under the “Owners” column a note shall be inserted to indicate that the said land is owned by the State.
Article 54
Any person who has peaceably and continuously taken possession of any land and may, according to the provisions of Articles 769 and 770 of the Civil Code, apply to be registered as its owner shall, during the period of application for registration, file an application for the registration of the ownership of the said land on the testimony of those persons who own the adjacent lands.
Article 55
All applications and requests for registration that are found upon examination and testimony to be correct and proper shall be publicly announced by the competent Special Municipal or County (City) Land Administration Agency. The same rule shall apply to those lands that are to be directly registered according to the provisions of Article 53.
In case additional documents of evidence are required in respect of the applications and requests for registration referred to in the preceding paragraph, the competent Special Municipal or County (City) Land Administration Agency shall prescribe a time limit for the presentation of such documents.
Article 56
Where an application for registration is dismissed on account of facts found therein upon examination according to the provisions of the preceding Article, the applicant may bring an action before the competent judicial authorities for the confirmation of his rights. If his rights are duly confirmed by a judicial decision, he may again apply for registration on the strength thereof.
Article 57
Any land of which no person has applied for registration during the period of application, or any land of which the applicant for registration has failed to present the required additional documents of evidence within the prescribed time limit, shall be regarded as ownerless land and publicly announced as such by the competent Special Municipal or County (City) Land Administration Agency. If, on the expiration of the period of public announcement, no objections have been raised thereto, such land shall be registered as land owned by the State.
Article 58
The period of the public announcements made according to Article 55 shall not be shorter than fifteen days.
The period of the public announcements made according to Article 57 shall not be shorter than thirty days.
Article 59
During the period of the public announcements referred to in the preceding Article, any person with interests in such land may raise objections thereto by submitting a written statement together with documents of evidence to the competent Special Municipal or County (City) Land Administration Agency.
Any dispute over land rights arising out of the objections raised according to the provisions of the preceding paragraph shall be submitted to the competent Special Municipal or County (City) Land Administration Agency for conciliation. Any party who refuses to abide by the terms of the conciliation shall, within 15 days on receipt of the notice of the said terms, bring the case before the judicial authorities for settlement. If he fails to bring the case before the judicial authorities within the said time limit, the terms of the conciliation shall be carried out accordingly.
Article 60
Any person who has lawfully taken possession of any land but has failed to apply for its registration during the period of application for registration and has raised no objections during the period of public announcement shall forfeit his right of possession.
Article 61
The judicial authorities in localities where the general registration of land is being carried on shall set up special courts to handle cases involving land rights and to hear and decide on them with all dispatch.
Article 62
Any land right of which application for registration has been duly made and to which no objection has been raised during the period of public announcement, or which has been established through conciliation or confirmed by judicial decision, shall be definitively registered, and a certificate of landownership or of other right over land shall be issued to the obligee.
The certificate of landownership referred to in the preceding paragraph shall be issued with a plot map attached thereto.
Article 63
The area of land that is to be definitively registered according to the provisions of the preceding Article shall be that which is obtained by an actual survey of the land made within the boundaries indicated by documentary evidences.
In case the boundaries indicated by documentary evidences referred to in the preceding paragraph are not clearly defined or show discrepancies, the area obtained by an actual survey of the land shall be registered, if it does not exceed the area indicated in the documents by 10 per cent. But if the area obtained by an actual survey exceeds that indicated in the documents by more than 20 per cent, the excess area shall be regarded as land owned by the State; but the original occupant shall have preferential right to purchase it and apply for registration thereof.
Article 64
For each registration district a general register of all lands duly registered shall be compiled and permanently kept in the files of the Special Municipal or County (City) Government.
The form, and the methods of treatment and preservation, of the general register shall be prescribed by the Central Land Administration.
Article 65
In applying for the general registration of land, the obligee shall pay a registration fee at the rate of 0.2 per cent of the declared value of the land, or 0.2 per cent of the value of any right over it other than ownership, as the case may be.
Article 66
If the original obligee of any land in respect of which public announcement has been made according to the provisions of Article 57 raises due objection thereto and submits documentary evidence to apply for the registration of the said land during the period of public announcement, such application, if found to be correct and proper, shall be publicly announced, and the registration of the said land shall be effected according to the required procedure, but the applicant shall pay a 50% extra charge in addition to the regular registration fee.
Article 67
For each certificate of landownership or of any other right over land issued, a fee shall be charged. The charge shall be formulated by the Central Land Administration.
Article 68
Where damage is sustained through error, omission, or fraud in registration, the competent Land Office shall be liable to pay compensation therefore, unless the Land Office can prove that the person injured is responsible for the cause of such damage.
The compensation for damage referred to in the preceding paragraph shall not exceed the value prevailing at the time when damage was sustained.
Article 69
If any error or omission in registration is discovered by the registration officer or an interested party after registration has been completed, no rectification shall be made until the said error or omission has been reported in writing to the competent superior authorities and they, after due investigation, have approved of the rectification. Unless the error or omission in registration is purely the negligence of the registration officer when he enters the registration, and there are original documents of evidence citing reasons for registration for examination, the Land Office should be rectified directly.
Article 70
Ten per cent of the registration fees received by the Land Office shall be earmarked as a Registration Fund to be used for the specific purpose of paying the compensation provided by Article 68.
Compensation for damage borne by the Land Office shall be paid back by the registration officer, if the said damage is a result of his gross negligence. All sums thus paid back shall be turned over to the Registration Fund.
Article 71
If any claim for compensation is rejected by the competent Land Office, the person injured may bring the case before the judicial authorities for adjudication.