跳到主要內容區塊

主管法規查詢系統

:::

英譯法規內容

法規名稱(Title) Cadastral Clearance Act Ch
公發布日(Date) 2007.03.21
法規沿革(Legislative) Promulgated by Presidential Decree No. 09600035211 on March 21, 2007
; entered into force on July 1, 2008.
法規內文(Content)

              Chapter I General Provisions

Article 1
The Act is enacted to perfect cadastral management, ensure land
rights, and promote land use.

Article 2
The authority concerned as referred to in the Act shall be the
Ministry of Interior of the Central Government; the Municipal
Governments, and the County (City) Government.
The registration authority as referred to in the Act shall be
Land Administration Office of municipality or county
(city);Where there is no Land Administration Office, it refers
to the municipal or county (city) authority for land registration
authority.

Article 3
In order to investigate cadastral registration in which the
contents of rights are incomplete or inconsistent with the
existing laws and regulations, after clarifying  the content of
rights and ownership, the authority concerned shall register
again. Those in which the content of rights and ownership cannot
be clarified shall be auctioned or dealt with. Except as
otherwise provided in the Act, the investigative procedures are
as follows:
1.to investigate cadastre.
2.to notice the following:
(1)the land to be cleared up.
(2)the authorities to accept the report or application for
registration.        .
(3)the period for declaration or application for registration.
3.to accept declaration.
4.to accept the application for registration.
5.to review and notice the findings.
6.to register and issue a certificate of rights.
7.to deal with change or others.
The notice of the preceding paragraph 2, shall be done by the
municipal or county (city)authority concerned, and the period is
ninety days. Except as otherwise provided in the Act, the period
of declaration or the application for registration is one year.

Article 4
The municipal or county (city) authority concerned shall
investigate within its jurisdiction the land cadastre of articles
17 to article 33 within a certain period. The regulations
concerning investigative period, scope, classifications,
procedures and other related matters shall be prescribed by the
central authority concerned.

Article 5
For one of those situations following below, before noticing the
land to be cleared up according to subparagraph 2 of paragraph 1
of article 3, the municipal or county (city) authority concerned
shall consult organs concerning taxes, household administration,
civil affairs, land administration, courts and others; where it
can pinpoint the land proprietors or interested party, it shall
inform them in addition to the notice:
1.registered in the name of a club or a combination during the
Japanese colonial period.
2.registered in the name of the deity worship associations.
3.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.

Article 6
After the registration authority accepts application for
registration, it shall begin to review immediately. For those
shall be corrected by the review, it shall inform the applicant
to make corrections within six months.

Article 7
For one of those situations following below, the registration
authority shall dismiss in writing:
1.those shall not be registered according to law.
2.a dispute of private rights arises between the proprietors and
obligor of the registration or between either or both of them and
related parties.
3.those cannot be corrected, or failing to make corrections.
For those dismissed according to the subparagraph 1 and
subparagraph 3 of the preceding paragraph, the applicant if
dissatisfied may file an appeal according to law; for those
dismissed according to the subparagraph 2 of the preceding
paragraph, the applicant shall file a suit to the Court with
jurisdiction within three months from the next day upon receipt
of the dismissal notice.

Article 8
Upon review as correct after acceptance of registration, except
for those land stipulated in articles 19 to 26 and article 34 to
39 shall be registered immediately, the registration authority
shall notice for three months for the remaining land.

Article 9
The related party of the land rights can file, in writing and
with proving documents, an objection to the registration
authority within the period of notice of the preceding article;
upon review as land rights dispute, the registration authority
concerned shall transfer to the municipal or county (city)
authorities concerned for mediation.
Dealing with the mediation of the preceding paragraph, the
Municipal or county (city) authority concerned shall apply
mutatis mutandis the Land Law Article 34-2. Those who refused to
accept the decision of mediation may file a suit to the Court
with jurisdiction within thirty days from the next day upon
receipt of the notice of mediation decision; for those cases with
no suit filed before the deadline, it shall be dealt with
according to the original mediation decision.

Article 10
Where no objection for the application is filed before the
deadline of notice, or the mediation is established, or a
decision of court becomes certain, the application shall be
registered according to its results.

Article 11
The land stipulated in articles 17 to article 26, article 32 and
33, for one of those situations following below, except for
public facilities, the municipal or county (city) authority
concerned shall sell on behalf of the owner by public auction
sale:
1.no one declares or applies for registration before the
deadline.
2.a declaration or application for registration is dismissed,
and no appeal or suit is filed for the court decision before the
deadline.
3.the decision of the appeal committee or the court dismisses
the case.
For those of the preceding paragraph, the concerning proprietors
with good cause, may apply for suspension for the public auction
sale.
The rules of the procedure, the suspension requirements and
deadlines, the base price set and other matters of the public
auction sale of the preceding two paragraphs shall be prescribed
by the central authority concerned.

Article 12
For those land auctioned according to the preceding article, the
first right holders to buy and their priorities are as follows:
1.the superficiary, dian-holder, emphyteusis.
2.the lessee of the base or farmland.
3.other co-owner of a property of joint tenancy.
4.the land occupier, who have occupied the land more than ten
years before the article is enforced and still continue to occupy
until the auction.
The order of the first right to buy of the subparagraph 1 of the
preceding paragraph, shall be determined by the order of
registration.

Article 13
The municipal or county (city) authority concerned shall notice
for three months before auction of the land.
The preceding notice shall record the context of the first right
to buy of the preceding article, and the notice substitutes the
notification of the first right holders to buy. The first right
holders to buy who do not declare to buy in writing within ten
days after the auction is bid, will be deemed to have waived his
first right to buy.

Article 14
The municipal or county (city) authority concerned shall
establish a special  cadastral clearing deposit account for sale
proceeds of land in the national treasury, to keep the proceeds
of the auction or sale of the land.
The municipal or county (city) authority shall deposit the
proceeds of auction or sale, deducting five percent the cost of
administration, 5/1000 cadastral clearing reward and payable
taxes, in the deposit account of the preceding paragraph.
The rights holders may apply with proving documents to the
municipal or county (city) authorities concerned for distribution
of the proceeds within ten years from the depositing date of the
proceeds in the deposit account; where upon review as correct,
before deadline of three months of notice, no objection is filed,
the authority shall distribute the rights holders money of the
amount equivalent to the proceeds deducting payable taxes plus
real interest to the deposit.
After the end of the period in the preceding paragraph, if there
is surplus fund in the special deposit account after balance, it
belongs to the national treasury.
The rules of the deposit, keeping, belonging to the national
treasury of cadastral clearing deposit account for sale proceeds
of land and the distribution and release of the reward shall be
prescribed by the central authority concerned.

Article 15
Where the land for public auction sale according to the
provisions of article eleventh, is not sold after auctioning
twice, the municipal or county (city) authority concerned shall
request the registry to register as state-owned.
The rights holders may apply with proving documents to the
municipal or county (city) authorities concerned for distribution
of the proceeds within ten years from the date when the
registration of the registered as state-owned land in the
preceding paragraph is completed; where upon review as correct,
before deadline of three months of notice, no objection is filed,
the authority shall distribute the rights holders money of the
amount equivalent to the base price of the second auction of the
land deducting payable taxes plus real interest to the deposit.
The money needed shall be paid by cadastral clearing deposit
account for sale proceeds of land ; if insufficient, it shall be
paid by the national treasury.

Article 16
The provisions of article 9 shall be mutatis mutandis applied to
the dealing with the objection within notice period of the
paragraph 3 of article 14 and the paragraph 2 of the preceding
article.


              Chapter II  the clearing up of the land registered
in the name of club or combination in the Japanese colonial
period
 

Article 17
The original right holders or its successors of the land
registered in the name of club or combination in the Japanese
colonial period, shall apply with proving documents related to
the equity or the proportion of investment within the period of
application for registration, to the registration authority for
correction registration for the rights of  original right
holders.
The so-called original owner of the preceding paragraph means
shareholders or members of combination, or all legitimate heirs
on October 24, thirty-four years of the Republic of China.
However, if the shareholders or members are Japanese, the ROC is
the original owner.

Article 18
The land provided in the preceding article, shall be dealt with
according to the following manner:
1.where the original right holders and its stock rights or
investment ratio have been determined, registered as co-ownership
with separate share according to the owner's equity or investment
ratio.
2.where the original right holders' stock rights or investment
ratio are in whole or in part unknown, the original right holders
or their successors shall agree on their shares for unknown
portion of the land rights; where the agreement cannot be
reached, the shares shall be registered as being equal.
3.where the original right holders' stock rights or investment
ratio are in whole or in part unknown, the land rights of the
unknown part shall be dealt with according to paragraph 1 of
Article 11.
Where there is the case of the proviso of paragraph 2 of the
preceding article among the original right holders, the land
shall be registered as state-owned according to the proportion of
the stock rights or investment of the Japanese.


              Chapter III the clearing up of the land registered
in the name of deity worship associations

Article 19
The land of deity worship associations, shall be declared by
deity worship associations managers or representatives elected by
more than 1/3 of the members or believers, within declaration
period, with the following documents, to the municipal or county
(city) authority concerned of the location of the land:
1.the declaration.
2.the history of the deity worship association and the original
covenant. Where there is no original covenant, it can be
substituted by the certificate of the members of the organization
or capital contribution when the deity worship association was
set up.
3.the roll of current members or believers, the systematic chart
of members or believers and all of the household registration
transcript of members or believers.
4.the registration transcript and detailed list of the land.
5.other concerning documents.
Where there are two or more declaration referred to in the
preceding paragraph, the municipal, county (city)authority
concerned shall inform the parties to coordinate one man to
declare within three months. If there is no coordination, the
municipal, county (city) authorities concerned shall inform the
parties to file an action of confirmation to the court within a
month and report directly to the municipal, county (city)
authorities concerned. The municipal, county (city) authority
concerned shall deal with according to court's decision. All will
be dismissed if no suit is filed before the deadline.
Where the land of deity worship association is located in
different municipalities or counties (cities), he shall declare
to the authorities concerned of municipality or County (City) in
which the land area of the land of the deity worship association
is the biggest. The authority concerned which accepts the
declaration, shall inform other authority concerned of
municipality or County (City) in which the land of the deity
worship association is located to review jointly.

Article 20
The municipal or county (city) authority concerned, after
reviewing as correct the declaration of deity worship
associations according to the provisions of the preceding
paragraph, shall notice and display the roll and systematic chart
of members or believers and detailed list of the land in the
office of township (town, city, district) or village in which the
land is located for a period of three months. It shall also leave 
the copy of notice and the roll and systematic chart of current
members or believers and detailed list of the real estate, to the
declarer to publish on a local prevailing newspaper for three
consecutive days from the date on which the notice is posted, and
post the notice for thirty days in the website of the municipal
or county (city) authority concerned and the township (town,
city, district).
The related party of the land rights can file, in writing and
with proving documents, an objection to the municipal or county
(city) authority concerned within the period of notice of the
preceding paragraph.
The provisions of article 9 shall be mutatis mutandis applied to
the objection concerning a dispute of private rights of the
preceding paragraph.

Article 21
The municipal or county (city) authority concerned shall inform
the declarer to correct the declaration of deity worship
associations according to the provisions of the paragraph 1 of
article 19 if attached documents are incomplete within six
months; cannot be corrected or no correction being made before
the deadline, dismiss the application.

Article 22
When no objection is filed before the deadline, or mediation is
established, or a decision of court becomes certain, for the
declaration of deity worship associations according to the
provisions of the paragraph 1 of article 19, the municipal or
county (city) authority concerned shall immediately return to the
declarer the roll and systematic chart of current members or
believers and detailed list of the land of the deity worship
associations after stamping verification seal and inform
registration authority.

Article 23
Where there are changes, omissions, or mistakes after the roll
and systematic chart of current members or believers and detailed
list of the land of the deity worship associations being stamped
verification seal by the municipal or county (city) authority
concerned, the managers, members, believers, or interested party
of the deity worship associations with more than half of the
members or believers’ written consent may apply, stating reasons
and attaching concerning documents, for correction. 
After reviewing as correct, the municipal or county (city)
authority concerned which accepts the application in preceding
paragraph, shall notice for thirty days and inform the
registration authority. If there is no objection, the authority
concerned shall correct the roll of current members or believers
or detailed list of the land, and inform the registration
authority after correction.
The provisions of article 9 shall be mutatis mutandis applied to
the objection concerning a dispute of private rights of the
preceding paragraph.

Article 24
After receipt of the roll and systematic chart of current members
or believers and detailed list of the land of the deity worship
associations being stamped verification seal by the municipal or
county (city) authority concerned, the declarer shall deal with
according to one of the following ways within three years:
1.to apply the land of the deity worship associations change of
name registration as the juridical person being owner, when more
than half of the members or believers agree in writing to
establish a juridical person according to law.
2.to apply the land of the deity worship associations
registered as the property of joint tenancy or individual
ownership of current members or believers, according to covenant
or more than half of the members or believers’ written consent.
When the declarer does not deal with according to the preceding
paragraph, the municipal or county (city) authority concerned
shall request land registration authority concerned to register
as the property of joint tenancy of equal separate share of the
current members or believers, according to the roll of current
members or believers.

Article 25
The land of deity worship associations, being cleared up
according to concerning law prior to the enforcement of the Act,
which is still registered in the name of a deity worship
association after the enforcement of the Act, shall deal with
according to the provisions of paragraph 1 of the preceding
article within three years from the date of enforcement of the
Act; if no dealing with before the deadline, the municipal or
county (city) authority concerned shall deal with according to
the provisions of paragraph 2 of the preceding article.

Article 26
The land, registered not in the name of a deity worship
association, of the nature and fact of deity worship associations
prior to the enforcement of the Act, when the declarer provides
written consent or other certifiable proving documents that more
than half of current known members or believers agree to deal
with as the case of deity worship associations, apply mutatis
mutandis the provisions of this chapter.


              Chapter IV the clearing up of land rights other
than ownership
 
Article 27
The land right, registered before December 31, thirty-eight years
of the Republic of China and with one of the following
situations, shall be noticed for a period of three months by the
registration authority, and if there is no objection filed before
the deadline, shall be directly registered of cancellation:
1.a pledge of immovable property registered as dian or temporary
dian.
2.a cultivating right
3.a lending right
4.other registration not in the name of statutory property
rights.
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.

Article 28
A mortgage registered before December 31, thirty-eight years of
the Republic of China, which the landowner may apply for
registration of cancellation, shall be noticed for a period of
three months by the registration authority, and if there is no
objection filed before the deadline, shall be registered 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 mortgagee who
has sustained loss caused by registration of cancellation of the
preceding paragraph 1.

Article 29
A superficies registered before December 31, thirty-eight years
of the Republic of China, without a definite duration, and the
right holder’s domicile being unknown or the right holder being
missing, and no building improvements or other work on the land,
which the landowner may apply for registration of cancellation,
shall be noticed for a period of three months by the registration
authority, and if there is no objection filed before the
deadline, shall be registered 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 superficiary
who has sustained loss caused by registration of cancellation of
the preceding paragraph 1.

              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 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.


              Chapter VI the clearing up of land of the temple or
religious organization

Article 34
The land registered originally in the name of the temple or
religious organization, the name registered of change of other
person before October 24, thirty-four years of the Republic of
China, which is managed, used or profited by the temple or
religious organization in the beginning, shall be declared, with
consent of the registered holder of title or his successors, by
the temple or religious organization with proving documents, to
the municipal or county (city) authority concerned for issue of
certificate within the period of declaration. Within thirty days
from the date when getting the certificate, it shall apply for
registration of change of name.
The temple or religious organization which declares for issue of
certificate according to the provisions of the preceding
paragraph, shall be an fund-raising temple registered according
to law or a juridical person when declaring.
If there are more than one registered holders of title of
paragraph 1, the consent of more than half of the Co-owners and
whose ownership shares being more than half of the total shares
is required.
Where the registered holder of title of paragraph 1 is natural
person who is missing or whose domicile is incomplete, or is the
club or combination which do not apply for corrections according
to Article 17 and is lack of roll of shareholders or members of
combination, the land may be declared, with proving documents, by
the temple or religious organization which certifies that when
the real right holder asserts rights, it will return the land and
be liable.
Where the registered holder of title of paragraph 1 is a
juridical person or an unincorporated association, after exerting
right of consent, it shall declare to the business authority
concerned for reference.

Article 35
Where the land is registered in the name of the spirits or the
temple or religious organization not registered according to law,
and is now used by fund-raising temple or religious corporation
registered according to law, and the registered holder of title
and the temple or religious corporation now using the land can be
proved to be identical, the temple or religious corporation
registered according to law, shall  declare, with proving
documents, to the municipal or county (city) authority concerned
where the land is located for issue of certificate within the
period of declaration. Within thirty days from the date when
getting the certificate, it shall apply to registration authority
concerned for registration of change of name.

Article 36
After accepting the declaration according to the provisions of
the preceding two paragraphs, the municipal or county (city)
authority concerned shall deal with  following procedures below:
1.after reviewing as correct , shall immediately notice for
three months.
2.where no objection for the application is filed before the
deadline of notice, or the mediation is established, or a
decision of court becomes certain, shall immediately issue the
certificate and inform the registration authority.
The provisions of article 6, article 7 and article 9 shall be
mutatis mutandis applied to the dealing of the review and the
objection within the period of notice of the preceding paragraph.

Article 37
Where the land is registered in the name of the spirits or the
temple or religious organization not registered according to law,
and is now used by fund-raising temple or religious corporation
registered according to law, and the registered holder of title
and the temple or religious corporation now using the land cannot
be proved to be identical, the temple or religious corporation
now using the land, may apply to the municipal or county (city)
authority concerned where the land is located for selling on
behalf of the owner, by the price of announced current assessed
land value, to the temple or religious corporation, within the
period of declaration.

Article 38
After accepting the buying of land according to the provisions of
the preceding article, the municipal or county (city) authority
concerned shall deal with following provisions below:
1.after reviewing as correct , shall immediately notice for
three months.
2.where no objection for the application is filed before the
deadline of notice, or the mediation is established, or a
decision of court becomes certain, shall immediately inform the
temple or religious corporation which buying the land to pay the
price within a deadline.
3.after being paid the price, shall issue the certificate of
transfer of title of the land and inform the registration
authority.
The provisions of article 6, article 7 and article 9 shall be
mutatis mutandis applied to the dealing of the review and the
objection within the period of notice of the preceding paragraph.

Article 39
Where the land was transferred to the temple or religious
organization in the Japanese colonial period, and was not
registered of transfer or was forfeited by Japanese government
after transfer, and was registered as public land prior to the
enforcement of the Act, and the temple or religious organization
has managed, used or profited the land  since the Japanese
colonial period, and the temple is fund raising temple registered
according to law, and the religious organization is juridical
person registered according to law, the temple or religious
juridical person may apply for a gift of the land of the scope of
actually managing, using or profiting to the land administration
authority within the period of declaration. The rule of
qualifications, procedures, documents to be attached, review, the
limitation of using and profiting the gifted land and other
regulatory matters shall be prescribed by the Executive Yuan.
The land, to be applied for a gift according to the provisions of
the preceding paragraph, is only for the land not for public
facilities.
The land to be dealt according to the provisions of paragraph 1,
shall not be regulated by article 25 of Land Act.


              Chapter VII Supplementary Provisions

Article 40
The expense of dealing with cadastral clearance, except for other
provisions in the Act, the central authority concerned shall
budget for paying the expenses required.

Article 41
The clearing up of the registered building improvements shall
apply mutatis mutandis the provisions of the Act.

Article 42
The enforcement rules of the Act shall be prescribed by the
Central authority concerned.

Article 43
The date of enforcement of the Act shall be announced by the
Executive Yuan.