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Chapter Law Content

Title: Land Act CH
Category: Ministry of the Interior(內政部)
Part II. Cadastration
Chapter II. Cadastral Survey
Article 44
Cadastral survey shall be carried out according to the following steps:
(1)Triangulation.
(2)Supplementary control survey.
(3)Parcel survey.
(4)Computation of area.
(5)Map drawing.
Article 44-1
When cadastral survey is carried out, landowners shall set up border marks and permanently preserve them thereafter.
Rules governing the types, dimensions and methods of the setting up of border marks, and the trade and management of border marks, shall be formulated by the Central Land Administration.
Article 45
Where cadastral survey is to be carried out by the competent Special Municipal or County (City) Government, the projects thereof shall be submitted to the Central Land Administration for approval.
Article 46
If cadastral survey is to be effected by aerophotography, it shall be planned and carried out by the Central Land Administration.
Article 46-1
A repeat of a cadastral survey may be carried out if cadastral maps of a registration district, where cadastral survey has been carried out, are damaged, entirely destroyed or lost, or the scale of maps has changed, or for other important causes.
Article 46-2
Whenever cadastral survey is repeated landowners shall set up border marks and be present on site to identify the boundaries according to the time limit prescribed in the notification issued by the Land Office. If the landowners fail to set up border marks or to identify the boundaries within the said time limit, the cadastral survey shall be carried out according to the following order of precedence:
(1)Boundaries of adjacent land.
(2)Boundaries identified by current users.
(3)Boundaries with references to old cadastral maps.
(4)Local custom.
The provisions of Paragraph two of Article 59 shall apply mutatis mutandis, when there is any dispute among landowners arising out of the setting up of border marks or the identification of land borders.
Article 46-3
The result of a repetition of a cadastral survey shall be announced for a period of 30 days.
If the result referred to in the preceding paragraph is deemed to be wrong by the landowner, he may apply to the competent land office for a re-survey with the payment of a re-survey fee, unless he has failed to set up border marks or to identify land borders according to the preceding article. After the implementation of a re-survey, the landowner shall not re-apply for re-survey again.
The competent land office shall undertake the registration of the change in land descriptions accordingly, if there is no application for re-survey after the time limit referred to in the preceding paragraph, or if there is no mistake after the said re-survey.
Article 47
Rules governing the operational method, and procedure of cadastral survey, and the procedure for application to and required documents for land re-survey and construction survey, shall be formulated by the Central Land Administration.
Article 47-1
The competent land office may assign cadastral surveyors for the undertaking of cadastral survey.
Rules governing the cadastral surveyor shall be separately enacted.
Article 47-2
Standards governing the fees for land re-survey and construction survey, shall be formulated by the Central Land Administration.