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Title: Cadastral Clearance Act CH
Category: Ministry of the Interior(內政部)
Chapter V the clearing up of land rights registered of restriction and unknown rights
Article 30
The landowner may apply for registration of cancellation of an attachment, provisional appropriation, provisional disposition registered before December 31, thirty-eight years of the Republic of China; the registration authority shall notice for a period of three months, and if there is no objection filed before the deadline, shall register of cancellation.
The provisions of article 9 shall be mutatis mutandis applied to the dealing of the objection within the period of notice of the preceding paragraph.
The landowners shall be liable for damages of the creditor who has sustained loss caused by registration of cancellation of the preceding paragraph 1.
Article 31
The land of joint tenancy, and the co-owners’ total right of ownership being not equal to 1, unless the registration authority may directly register of correction according the proving documents about original registration reason or other qualified proving materials, shall be applied by one of the co-owner, with the consent of more than half of the co-owners whose scope of ownership being incorrect and whose ownership shares being more than half of the total shares, for correction within the period of application of registration.
When no application of registration of correction is filed according to the preceding paragraph, the authority concerned shall directly register of correction according to the new scope of right calculated by concerning co-owners’ percentage of registered shares.
The registration of corrections according to the provisions of the preceding two paragraphs, can be dealt with without the consent of the proprietor of other estate, and not be refrained by registration of restriction.
Article 31-1
Whereas the scope of land ownership's right of the registering party was registered as blank at the general land registration and now it has been registered as blank, the rights holders should apply for registration of rectification within the period of application registration, unless the registration authority directly makes registration of rectification based on the proving documents regarding original registration reason or other qualified proving materials.
Where there is more than one rights holder in the preceding paragraph, it should be consented by over half of the rights holders, and applied for registration of rectification by one of the rights holders.
Where the application is not following the provisions of the preceding two paragraphs, the registration agency shall directly make registration of rectification, and recalculate the new scope of the rights after announcing publicly for three months unless there is objection filed during the public announcement period.
1. If the registering party is only one, “the scope of rights being registered as blank” is whole.
2. If the registering party is more than one, “the scope of rights being registered as blank” shall be divided equally by number of the registering party.
“The scope of rights being registered as blank” in the preceding paragraph is defined as the remaining rights which whole scope of rights deducts part of registered scope of rights.
The provisions of Article nine shall be mutatis mutandis applied to the dealing of the objection within the period of notice of the third paragraph.
The registration of rectification based on the provisions of the first to third paragraphs, can be dealt with without the consent of the holders of other rights, and not be refrained by registration of restriction.
Article 32
The land right already registered, except for articles 17 to 26 and article 33, which the name or address registered is incomplete or mismatched in the general land registration or prior to the termination of battleground administration of Kinmen and Matsu area, shall be applied by the proprietor or interested party, with proving documents, for registration of correction within the period of application of registration.
Article 33
The land right registered not in the name of natural persons or juridical person or fund-raising temple registered according to law, except for articles 17 to 26 and article 35 and the registered holder of title being ancestral worship associations or of the nature and fact of ancestral worship associations, shall be applied by the interested party, with proving documents, for registration of correction within the period of application of registration.