Article 3
Land registration procedures shall be the responsibility of the municipal or county (city) land office governing the land being registered. However, in the case of the registration of a piece of land, whereby the location of which is governed by the branch land registration office established by the municipal or county (city) land office, if any, the said branch land registration office shall bear responsibility.
The land registration of an improvement whose dimensions cover the jurisdictions of two or more land registration agencies shall ultimately be the responsibility of the agency with jurisdiction over the address of said improvement.
The land registration may be administered at a branch registration office of the municipal or county (city) land office if such branch registration office has been established by a municipal or county (city) land office within its competent jurisdiction, and cross-agency registration is available for the items to be registered.
The items to be registered of land registration at a cross-municipal or the county (city) government level which are announced and implemented by the Central Land Administration may be registered by any land registration office in the country.
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Article 24
The application to view, transcribe, photocopy or take photographs of an application and its attachments shall be limited to one of the following:
(1) The original applicant or his/her agent
(2) The person whose name is registered in the register (registering party)
(3) Any person with interest in the original application, furnished with documents of evidence
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Article 29
Whenever any governmental organization meets one of the following situations, it may request the registration agency to register:
(1) Registration due to expropriation or appropriation of land
(2) Registration due to the purchase of land at declared land value
(3) Registration due to confirmed land readjustment or re-survey
(4) Registration of public land according to the provisions of Article 52 of the Land Act
(5) Registration of public land according to the provisions of Article 57, Paragraph 2 of Article 63, or Paragraph 5 of Article 73-1 of the Land Act or Paragraph 2 of Article 18 of the Act of Cadastral Investigation
(6) Registration according to the provisions of Article 11 of the Compulsory Enforcement Act or Article 26 of the Administrative Execution Act applicable mutatis mutandis to the provisions of Article 11 of the Compulsory Enforcement Act
(7) Registration according to the provisions of Article 66 of the Bankruptcy Act.
(8) Registration according to the provisions of Paragraph 1 of Article 24 of the Tax Collection Act
(9) Registration of the creation and cancellation of a statutory mortgage according to the provisions of Paragraph 3 of Article 23 of the original Enforcement Rules of the Act of Public Housing
(10) Registration of the cancellation according to the provision of Article 147
(11) Registration of change in public land management agency according to Article 151
(12) Any other registrations allowed to be requested to the registration agency according to the legal provisions.
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Article 35
The documents referred to in Subparagraph 3 of Paragraph 1 of the preceding Article may be exempted from submission under any one of the following conditions, as the case may be:
(1) Registration due to expropriation, zone expropriation, appropriation or purchase of land at declared value of land
(2) Registration due to confirmed land readjustment or re-survey
(3) Registration based on the certificate for the transfer of right or judicial decision issued by the court as its documents of evidence citing reasons for registration
(4) Registration of cancellation of other rights requested by the court
(5) Application for registration by subrogation according to law
(6) Registration for administrator of inheritance or receiver of inheritance
(7) Registration of statutory superficies
(8) Registration of creation and cancellation of statutory mortgage according to the original Public Housing Act
(9) Where other co-owners failed to submit the certificates of land ownership upon registration, according to the provisions of Paragraphs 1 to 3 of Article 34-1 of the Land Act
(10) Registration of statutory mortgage according to the provisions of Paragraph 3 of Article 513 of the Civil Code
(11) The certificate of ownership or other rights have not been previously issued according to the Regulation
(12) Registration of online application by electronic record with electronic signature attached, its items to be registered should be announced by the Central Land Administration
(13) Any other exemptions according to the laws
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Article 36
The applicant shall affix his/her signature or seal to the application form unless the Regulation provides to the contrary.
When the application is filed by a registration agent, the registration agent shall affix his/her signature or seal to the application form or the letter of authorization. This also applies to situations where the agent has appointed a subagent.
When the registration is applied online, the electronic record of application form should be handled by using electronic signature.
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Article 37
When land registration is applied by a registration agent, a letter of authorization shall be furnished. Where the agent has appointed a subagent, a letter of authorization shall be presented unless the application form has made a clear statement of the authorization.
When the agent or subagent applies for registration as referred to in the preceding paragraph, s/he shall personally present it and be identified by the registration agency, unless the laws provide to the contrary.
The land administration agent applies for registration online and identified by electronic certification, may not require handling pursuant to the provision of the preceding paragraph.
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Article 46
An applicant is responsible for submitting the land registration tariffs pursuant to the Land Act unless the total amount of such fee is less than one New Taiwan Dollar. Such fee is also exempted if any of the following conditions is satisfied:
(1) The registration of creation of added right(s) if one or more land rights are created as a collective guarantee after a registration of creation of mortgage has been completed
(2) The registration of yield of order, waiver, or description change of a mortgage
(3) The registration of the re-issuance or replacement of a certificate of right
(4) The registration of an administrator or change of administrator, or
(5) Other exemptions permitted by law
An applicant applying for the issuance of a registration or cadastral map by mail or telegram shall submit additional postage and telegram fee.
The revenue and expenditure of the registration fees shall be processed according to the due process provided by the budgetary procedures.
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Article 51
The refunds for paid registration fees and the fees of certificates may be claimed by applicants within ten years if any of the following conditions applies:
(1) When the application is withdrawn
(2) When the application is dismissed
(3) Any other registrations allowed to be solely applied according to laws
If the applicant re-applies for registration within ten years, the un-refunded registration fee and fees of certificates may be used as the fees for re-application.
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Article 56
The registration agency shall notify the applicants to supplement or correct the application, with written statements of reasons, or upon which laws and ordinances these are based, within 15 days after receiving the notice, if any of the following conditions applies:
(1) The qualification of the applicant shows discrepancies, or his/her agent’s qualification to be an agent is inadequate
(2) The application form is not appropriate or the submitted documents show discrepancies or are inadequate
(3) The matters noted in the application form or matters concerning reasons for registration show discrepancies with the register or documents of evidence, and fail to explain the causes of said discrepancies
(4) The registration tariffs have not been paid according to provisions
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Article 57
The registration agency shall dismiss the application, with written statements of reasons or on which laws and ordinances these are based, if any of the following conditions applies:
(1) The case is not within the jurisdiction of the registration agency
(2) The case cannot be registered according to law
(3) There is a dispute between obligee, obligor or the third parties who have interests in the legal relationship relating to the application for registration
(4) There is a failure or still an inadequacy to supplement or to correct the application according to notified matters.
Any applicant who refuses to abide by the dismissal, referred to in the preceding paragraph, may petition according to the provisions of the Administrative Appeal Act.
The applicant, whose application is dismissed according to Subparagraph 3 of the first paragraph, may appeal to the judicial authorities for a decision or adopt Alternative Dispute Resolution mechanisms to deal with the dispute.
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Article 65
The registration agency shall issue the certificate of rights to the applicant soon after the completion of the registration of land rights unless other laws, or the Regulation, have provisions to the contrary. However, the registration agency may amend the original certificate with notes and return it to the applicant if so allowed. When conforming to the conditions provided by Subparagraphs 12 of Paragraphs 1 of Article 35, no creation of the certificate is required prior to re-issue it.
The registration agency may be exempted from the issue of the certificate of rights; instead it shall note the exemption on the “others” column of the register, if the applicant so requests with notes on the application form and any of the following conditions apply:
(1) Initial registration of improvements ownership
(2) Registration of partition of co-owned property upon the completion of the registration of the descriptions of changes.
(3) Registration of rights of public land.
The registration agency shall notify the landowner of re-issue of the certificate of land ownership after carrying out a direct registration of land partition. No creation is required prior to re-issue of the certificate.
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Article 67
The land registration shall be nullified with a public announcement after the completion of the registration, if the applicant fails to submit the certificate of rights for land registration and any of the following conditions applies:
(1) The heir submits an affidavit upon the application for registration of inheritance
(2) The application for registration of deletion of other rights is furnished with an affidavit of the rightful holder, or the said rightful holder has submitted the evidence of having delivered the certificate of rights, and furnished the applicant’s affidavit stating his/her inability to submit the certificate.
(3) The applications for the registration of improvements are destroyed; the applicant has submitted an affidavit
(4) The applications for the registration of deletion of the trust; the registration of identification of the trust or the change of trustee, and the obligee has submitted an affidavit
(5) People unable or unwilling to participate in the distribution following registration of property right exchange due to urban renewal, or who fail to submit the certificate within the time limit upon being informed of replacement of certificates of land and building rights after the registration agency completes the registration
(6) Any condition in accordance with Subparagraphs 1 to 5, Subparagraph 9 or Subparagraph 13 of Article 35.
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Article 69
Where any registration is solely applied for by the obligee, the registration agency shall notify the obligor in written form after the completion of registration, unless one of following situations pertains:
(1) There is no obligor.
(2) The registration is related to auctions by the Court, a branch of the Administrative Enforcement Agency or an impartial third party.
(3) The mortgagee is a financial institution, and has submitted proof documents approving the cancellation when undergoing registration of mortgage cancellation.
Each obligor referred to in the preceding paragraph shall be individually notified if there is more than one obligor.
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Article 95
When some co-owners dispose of, make change and create superficies, agricultural right, permanent lease, real estate easement or Dian, and apply for registration, the names of all the co-owners shall be listed in application forms and written contracts, and the wording: “This application case is undertaken according to the provisions of Paragraphs 1 to 3 of Article 34-1 of the Land Act”, shall be stated in the column for notes of application forms. Documents of evidence, concerning notice in written form or announcement, other co-owners’ entitlement to repayments or compensation having been received by other co-owners or having been deposited to the local court, shall be submitted.
Other co-owners need not affix their signatures or seals on written contracts and application forms for the application for registration referred to in the preceding paragraph.
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Article 112
The creation of a joint guaranteed mortgage with the rights of several land tracts that are governed by different competent agencies shall require the making of a deed and application for registration separately from the competent agencies, unless otherwise stipulated by Paragraph 3 and 4 of Article 3.
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Article 123
The legatees shall, jointly with the inheritors, apply for the registration of the transfer of the ownership of legated land, after the inheritors have applied for the registration of inheritance. If the testament appoints specific executors of testament, the legatees shall, jointly with the said executors, apply for the transfer of the ownership of legated land, after the completion of the registration of the executors of testament and of inheritance.
Under the conditions of the preceding paragraph, the legatees shall apply jointly with the said executors, for the registration of the transfer of the ownership of legated land, after the completion of the registration of the executors of the testament, even if there is no inheritor or it is not clear whether there is any inheritor.
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Article 126
The registration of trust shall be jointly applied, after the inheritors have carried out the registration of inheritance, by the trustor and the trustee if the trust is created by a testament. The registration of trust shall be jointly applied, after the completion of the registration of the executor of the testament and inheritance, by the executor of the testament and the trustee if the executor of the testament is specifically appointed by the testament.
The conditions of the preceding paragraph, the administrator of inheritance shall, still, apply jointly with the trustee, for the registration of trust, after the completion of the registration of the administrator of inheritance, even there is no inheritor or if it is not clear whether there is any inheritor.
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Article 142
The registration agency shall register the matters and then notify the related authorities if any one of the following conditions applies:
(1) If after the land is requested by the court or a branch of the Administrative Enforcement Agency for the registration of attachment, the registration of provisional appropriation, the registration of provisional disposition, the registration of preliminary injunction, the registration of bankruptcy or the registration of liquidation based on court rulings, and any other authority asks again for the registration of prohibition of disposition according to laws
(2) If after the land is requested by any other authority for the registration of prohibition of transfer according to laws, and the court or a branch of the Administrative Enforcement Agency asks again for the registration of attachment, the registration of provisional attachment, the registration of provisional injunction, the registration of preliminary injunction, the registration of bankruptcy or the registration of liquidation based on court rulings
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Article 146
The consent of the original applicant, who has the right to claim for the registration of caution, shall be furnished for the cancellation of the registration of caution.
The person with the right to claim referred to in the preceding paragraph shall personally present himself at the registration agency and follow the procedure prescribed by Article 40, except for when conforming to the conditions provided by Subparagraphs 2, 4-8, and 10 of Article 41.
If the rights to registration of caution are the rights to claim in relation to the transfer of land right, the cancellation of the registration of caution requires no observance of the two provisions above when the person who has the right to claim jointly applies for the registration of transfer of the right and provides a statement on the note column on the registration application form to confirm the cancellation of the registration of caution will be dealt with together.
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