地籍清理條例

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

1The 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.

2The 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.

1In 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:

21.to investigate cadastre.

32.to notice the following:

4(1)the land to be cleared up.

5(2)the authorities to accept the report or application for registration.

6(3)the period for declaration or application for registration.

73.to accept declaration.

84.to accept the application for registration.

95.to review and notice the findings.

The municipal or county (city) authority concerned shall investigate within its jurisdiction the land cadastre of Articles 17 to 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.

1For 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:

21.registered in the name of a club or a combination during the Japanese colonial period.

32.registered in the name of the deity worship associations.

43.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.

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.

1For one of those situations following below, the registration authority shall dismiss in writing：

21.those shall not be registered according to law.

32.a dispute of private rights arises between the proprietors and obligor of the registration or between either or both of them and related parties.

43.those cannot be corrected, or failing to make corrections.

5For 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.

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.

1The 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.

2Dealing with the mediation of the preceding paragraph, the municipal or county (city) authority concerned shall apply mutatis mutandis the Land Act 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.

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.

1The land stipulated in Articles 17 to 26, Articles 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:

21.no one declares or applies for registration before the deadline.

32.a declaration or application for registration is dismissed, and no appeal or suit is filed for the court decision before the deadline.

43.the decision of the appeal committee or the court dismisses the case.

5For those of the preceding paragraph, the concerning proprietors with good cause, may apply for suspension for the public auction sale.

6The 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.

1For those land auctioned according to the preceding article, the first right holders to buy and their priorities are as follows:

21.the superficiary, mortgage rights holder, permanent tenant rights holder, agricultural rights holder.

32.the lessee of the base or farmland.

43.other co-owner of a property of joint tenancy.

54.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.

6The order of the first right to buy of the subparagraph 1 of the preceding paragraph, shall be determined by the order of registration.

1The municipal or county (city) authority concerned shall notice for three months before auction of the land.

2The 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.

1The 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.

2The municipal or county (city) concerned 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.

3The 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 reviewed 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 in the preceding paragraph plus real interest to the deposit.

4Unless the land rights of Articles 19 and 26, if the rights holders in the preceding paragraph are dead, part of the heirs may apply for distribution of the proceeds based upon their relative share of the total estate within the time limit for application.

5After the end of the period in the third paragraph, if there is surplus fund in the special deposit account after balance, it belongs to the national treasury.

6The rules of the deposit, safe keeping, and belongings 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.

1Where the land for public auction sale, according to the provisions of Article 11, is not sold after auctioning twice, the municipal or county (city) authority concerned shall request the registry to register it as state-owned.

2The rights holders may apply, with proving documents, to the municipal or county (city) authorities concerned for return of the land with the total scope of the rights of the original registering party, within ten years from the date when the registration of the “registered as state-owned land” in the preceding paragraph is completed. Whereupon reviewed as correct, after the three months’ notice deadline if no objection is filed, the authority shall request the registry to register the rights of right holders.

3Unless the land rights of Articles 19 and 26, if the rights holders who should be returned the land in the preceding paragraph are dead, any of the heirs may apply for return, and register as owned by all inheritors.

4The national property management agency may request the rights holders to return the necessary costs for managing the returned land, according to the provisions of the preceding two paragraphs.

5The rights holders, as referred to in the Paragraph 2, shall be the original owner under Paragraph 2 of Article 17, the juridical person under Subparagraph 1, Paragraph 1 of Article 24, or the current members or believers under Subparagraph 2; and the registering party or the legitimate heirs regulated by Article 32.

1If the land which shall be returned in Paragraph 2 of the preceding article is already a public property, disposed of, or cannot be returned due to other factors, the municipal or county (city) authority concerned shall distribute to the rights holders proceeds of the amount equivalent to the base price of the last auction of the land, deducting payable taxes plus real interest from the date of registering as state-owned land to the deposit. However, the proceeds will not be distributed if the land is entirely destroyed or lost due to force majeure, and cannot be returned.

2The money needed in the preceding paragraph shall be paid by the cadastral clearing deposit account for sale proceeds of land. If insufficient, it shall be paid by the national treasury.

3Regarding the land rights of Articles 19 and 26, if the rights holders who should receive the distributed proceeds in Paragraph 1 are dead, the authority concerned may distribute the proceeds to part of the heirs, based upon their relative share of the total estate.

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 Article 15.

1The 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.

2The so-called original owner of the preceding paragraph means shareholders or members of combination, or all legitimate heirs on October 24, 1945.

3However, if the shareholders or members are Japanese, the ROC is the original owner.

1The land provided in the preceding article, shall be dealt with according to the following manner:

21.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.

32.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.

43.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.

5Where 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.

1The 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:

21.the declaration.

32.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.

43.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.

54.the registration transcript and detailed list of the land.

65.other concerning documents.

7Where 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.

1The municipal or county (city) authority concerned, after reviewing as correct the declaration of deity worship associations according to the provisions of the preceding

2paragraph, 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 or electronic newspaper for three consecutive days from the date on which the notice is posted, andpost the notice for thirty days in the website of the municipalor county (city) authority concerned and the township (town,city, district).

3The 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.

4The provisions of Article 9 shall be mutatis mutandis applied to the objection concerning a dispute of private rights of the preceding paragraph.

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.

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.

1Where 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 association is stamped and verified 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. However, if the changes are due to inheritance, the written consent by more than half of the members or believers is not required.

2After reviewing as correct, the municipal or county (city) authority concerned which accepts the application in the preceding paragraph, shall give thirty days’ notice, 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.

3The provisions of Article 9 shall be mutatis mutandis applied to the objection concerning a dispute of private rights of the preceding paragraph.

1After 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:

21.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.

32.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.

4When 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.

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.

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.

1The land right, registered before December 31, 1949 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:

21.a pledge of immovable property registered as dian or temporary dian.

32.a cultivating right

43.a lending right

54.other registration not in the name of statutory property rights.

6The provisions of Article 9 shall be mutatis mutandis applied to the dealing of the objection within the period of notice of the preceding paragraph.

1A mortgage registered before December 31,1949, 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

2objection filed before the deadline, shall be registered of cancellation.

3The provisions of Article 9 shall be mutatis mutandis applied to the dealing of the objection within the period of notice of the preceding paragraph.

4The landowners shall be liable for damages of the mortgagee who has sustained loss caused by registration of cancellation of the preceding Paragraph 1.

1A superficies registered before December 31,1956, 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.

2The provisions of Article 9 shall be mutatis mutandis applied to the dealing of the objection within the period of notice of the preceding paragraph.

3The landowners shall be liable for damages of the superficiary who has sustained loss caused by registration of cancellation of the preceding Paragraph 1.

1The 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.

2The provisions of Article 9 shall be mutatis mutandis applied to the dealing of the objection within the period of notice of the preceding paragraph.

3The landowners shall be liable for damages of the creditor who has sustained loss caused by registration of cancellation of the preceding Paragraph 1.

1The land of joint tenancy, and the co-owners’ total right of ownership being not equal to one, 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.

2When 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.

3The 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.

1Whereas 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.

2Where 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.

3Where 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.

41. If the registering party is only one, “the scope of rights being registered as blank” is whole.

52. 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.

6“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 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.

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.

1The land registered originally in the name of a temple or religious organization, the name registered of change of other person, before October 24, 1945, 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 certification within the period of declaration. Within thirty days from the date of getting the certificate, it shall apply for registration of change of name.

2The temple or religious organization which declares for issue of certificate according to the provisions of the preceding paragraph, shall be a temple which is applicable to the Act of Supervising Temples, or a juridical person, when declaring.

3If there are more than one registered holders of title of the Paragraph 1, the consent of more than half of the co-owners, and with ownership shares being more than half of the total shares, is required.

4Where the registered holder of title of the Paragraph 1 is natural person who is missing, or whose domicile is incomplete, or is a club or combination which did not apply for corrections according to Article 17, and is lacking a 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.

5Where the registered holder of title of the Paragraph 1 is a juridical person or an unincorporated association, after exerting the right of consent, it shall declare to the business authority concerned for reference.

Where the land is registered in the name of the spirits or the temple or religious organization, and not registered according to law, and the registered holder of title and the temple or religious corporation, which is applicable to the Act of Supervising Temples, can be proved to be identical, the temple or religious corporation shall declare, with proving documents, to the municipal or county (city) authority concerned where the land is located, for issue of certification within the period of declaration. Within thirty days from the date of getting the certificate, it shall apply to registration authority concerned for registration of change of name.

1After 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:

21.after reviewing as correct , shall immediately notice for three months.

32.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.

4The provisions of Article 6 to 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.

Where the land is registered in the name of the spirits or the temple or religious organization, and not registered according to law, and is now used by a temple or religious corporation which is applicable to the Act of Supervising Temples, 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, for the price of the announced current assessed land value, to the temple or religious corporation, within the period of declaration.

1After 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:

21.after reviewing as correct , shall immediately notice for three months.

32.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.

43.after being paid the price, shall issue the certificate of transfer of title of the land and inform the registration authority.

5The provisions of Articles 6 to 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.

1Where 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 the 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 from the land since the Japanese colonial period, and the temple is applicable to the Act of Supervising Temples, 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 within 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 limitations of using and profiting the gifted land, and other regulatory matters, shall be prescribed by the Executive Yuan.

2The land, to be applied for a gift according to the provisions of the preceding paragraph, is only for the land not for public facilities.

3The land to be dealt with according to the provisions of Paragraph 1, shall not be regulated by Article 25 of the Land Act.

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.

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

The enforcement rules of this Act shall be prescribed by the central authority concerned.

1The effective date of this Act shall be determined by the Executive Yuan.

2The amended clauses of this Act shall be in force from the date of promulgation.