Article 1 These Regulations are issued under the authority
of Article 34-2 of the Land Act (hereinafter referred to as the Act).
Article 2 The following real estate disputes may be conciliated
in accordance with these Regulations.
1.Co-owned property partition disputes in accordance withParagraph 6,
Article 34-1 of the Act .
2.Boundary related cadastral map resurvey disputes in accordancewith
Article 46-2 of the Act.
3.Land right disputes in accordance with Paragraph 2, Article 59 ofthe Act.
4.Housing rental disputes in accordance with Article 101 of the Act.
5.Building site rental disputes in accordance with Article 105 of the Act .
6.Farmland rental disputes in accordance with Article 122 of the Act.
7.Rental disputes regarding land under permanent lease in accordance
with Article 30 of the Enforcement Act of the Act.
8.Land royalty payment disputes in accordance with Paragraph 3,
Article 14 and Paragraph 2, Article 15 of the Act of Cadastral
Investigation.
9.Declarations by gods worshipping associations involving land right
disputes in accordance with Article 20 of the Act of Cadastral
Investigation.
10. Amendments of gods worshipping associations' current membership
rosters, adherents registries, or land rolls involving land right disputes
in accordance with Article 23 of the Act of Cadastral Investigation.
11. Land right cancellation registration disputes in accordance with
Article 27 of the Act of Cadastral Investigation.
12. Mortgage cancellation registration disputes in accordance with
Article 28 of the Act of Cadastral Investigation.
13. Superficies cancellation registration disputes in accordance with
Article 29 of the Act of Cadastral Investigation.
14. Attachment, provisional attachment or provisional injunction
cancellation registration disputes in accordance with Article 30
of the Act of Cadastral Investigation.
15. Disputes arising from issuance of certificates of change in name
upon declaration by temples or religious organizations in accordance
with Article 36 of the Act of Cadastral Investigation.
16. Land right disputes arising from land purchase by temples or religious
juridical persons in accordance with Article 38 of the Act of Cadastral
Investigation.
17. General land registration disputes in accordance with Article 75 of the Registrations of the Land Regulation.
18. Constructional improvements ownership initial registration disputes in
accordance with Article 84 of the Registrations of the Land Regulation.
19. Disputes related to the registration of superficies due to the insistence
of positive prescription in accordance with Paragraph 4, Article 118 of the Registrations of the Land Regulation.
Article 3 A Committee on Real Estate Dispute Conciliation at
municipality/ city/county levels (hereinafter referred to as the Committee)
shall be composed of 11 to 13 members, of whom one shall serve as the Committee Chairperson, and shall be the municipality/city /county chief executive or a
person delegated thereby to serve ex officio; the other committee members
shall be designated or nominated and selected from among the following:
1.One member being the municipality/city/county government's landaffairs chief executive.
2.One member being the municipality/city/county government'sconstruction
affairs chief executive.
3.One member being the municipality/city/county government's civilaffairs chief executive.
4.One member being the municipality/city/county government's legalaffairs chief executive.
5.One member being the municipality/city/county government'sland office director.
6.One member being the municipality/city/county land administrationagent guild representative.
7.Three to five members with land administration, civil affairs,construction,
or legal knowledge and experience.
8.One member being a local person of outstanding characterCommissioners shall
serve for a term of office of two years,and may be re-appointed to additional
terms. But any commissioner representing an agency, shall resign upon any
change in their relevant underlying public officer status.
When there is any vacancy among the Commissioners, the
municipality/city/county government's chief executive may appoint
a replacement; replacement Commissioners shall serve until the date
of expiration of the original Commissioner's term of office.
Article 4 The Committee shall have one Executive Secretary, and
such staff and personnel, as the municipality/city/county government's
chief executive shall appoint from among the municipal staff in charge
of relevant affairs to be responsible for the Committee's administrative
affairs.
Article 5 The Committee meetings shall be chaired by the
Chairperson Ex-Officio, and in the absence of the Chairperson,
the Chairperson shall appoint another Commissioner to serve
as Acting Chairperson. When the Chairperson fails to appoint,
the Commissioners may elect among themselves an Acting Chairperson.
Article 6 When the Committee fails to have a quorum of half the
members present it shall recess, and any decision of the Committee
shall only be effective on a favorable vote of half the members present;
in the event of a tie, the Chairperson shall cast the deciding vote.
Commissioners shall personally attend Committee meetings of the
preceding Paragraph. But when the ex-officio member is a
representative from an agency, and unable to personally attend,
a representative may be appointed in their stead, with notice of
the same to the Committee.
Such an ad interim representative serving in accordance with the
preceding Paragraph shall count as a member for quorum
purposes, and may participate in Committee discussions and
decision-making votes.
Article 7 The Committee members, in any matter before the
Committee in which they have any conflict of interest, shall
sua sponte recuse therefrom, and must not participate in such
conciliation.
Article 8 The Committee members shall not be remunerated.
Article 9 When the Committee meets, persons concerned shall
have first been apprised of the right to appear and be heard, and
invitations shall be extended to all relevant agencies to have
representatives in attendance if necessary.
Article 10 The Committee shall issue any official documents, by
and through and in the name and authority of the municipality/city/
county government.
Article 11 The Committee expenses shall be borne by the regular
budget appropriations of the municipality/city/county government.
Article 12 Any municipality/city/county government in handling
any real estate dispute under the provisions of Subparagraphs 2, 3,
11-14 , 17-19 of Article 2, may establish in accordance with their
administrative jurisdictional delineation a regional committee on
real estate dispute conciliation, with seven commissioners, one of
whom shall be the Chairperson ex officio, who shall be
amunicipality/city/county government's land affairs chief executive,
and the other members of which shall be designated or selected as follows:
1.One member being the municipality/city/county government'sland office
director.
2.One member being a township/city/district conciliation committee
chairperson.
3.One member each having specialized knowledge and experience respectively
in land administration, construction and legal affairs.
4. One member who shall be a local person of outstanding character.
The term of office for commissioners of a regional committee on
real estate dispute conciliation, replacement of vacancies among
commissioners, their authorities, lack of remuneration, and meetings,
shall conform to Paragraphs 2 and 3 of Articles 3 and Articles 4
through 9; and said committee shall issue any official documents,
by and through and in the name and authority of the
municipality/city/county government.
Expenses required for the conciliation conducted under the
provisions of the first paragraph supra, shall be borne by the
regular budget appropriations of the municipality/city/county
government.
Article 13 Real estate disputes, other than those of the kind
that may be referred by the competent registration authorities or
the municipality/city/county government for dispute conciliation,
as set forth in Subparagraphs 2, 3, and 8-19 of Articles 2, may be
processed upon application of any affected party who shall prepare
in writing the following documents for submission to the
municipality/city/county government of responsibility over the
affected site, and include therewith for the affected parties,
sufficient copies therefor.
1. Application.
2. Identification documentation for the applicant.
3. Certificate of commission (to be attached when an agent is acting
on behalf of another).
4. Main points of contention and suggestions for conciliation.
5. Any other documentation required to be submitted in accordance
with law.
Article 14 Real estate dispute conciliation handling procedures
shall be as follows:
1. Docketing of the application.
2. Calculation and collection of the applicable dispute conciliation fees.
3. Review.
4. Convening the dispute conciliation meeting (hearing).
5. Memorialize the findings and conclusions of the Committee.
6. Forward the conciliation meeting minutes.
The aforementioned review may include deployment of staff from
the registration agency responsible for the affected real estate
situs to conduct on site surveying activities or to conduct
preliminary meetings.
Article 15 Where any application for dispute conciliation involves
any of the following circumstances, the municipality/city/county
government shall in writing delineate the basis therefor, and provide
notice thereof to the affected applicant who shall have fifteen days
wherefrom in which to supplement the application as required:
1.Where the application does not conform to the form requirementsor
the attached documentation is nonconforming or insufficient.
2.Where the application's description is inconsistent with land ,
building registration documents or other evidentiary documentation.
3.Where the applicant appears to lack standing or insufficiencies
existin regard to the capacity of an agent to engage in such representation.
4.Where the applicant in the dispute is a person of no capacity to make
juridical acts or of limited capacity to make juridical acts, and their
guardian has not appeared to represent their interests.
5.Where payment has not been made of the required conciliation fee as
determined under regulations.
Article 16 Where any application for dispute conciliation involves
any of the circumstances in the following Subparagraphs, the
municipality/city/county government shall in writing explain their
reasons and dismiss the application without prejudice:
1.Where the matter does not aver a real estate dispute falling under
Article 2 supra.
2.Where the disputed matter falls without the jurisdiction of theentity
receiving the application.
3.Where a prior dispute application was filed and a disputeconciliation
decision has already been reached in accordance with these Regulations.
4.Where a suit has already been heard (initiated) before a Courtor the
dispute subject to conciliation has already been the object of an
effective final judgment, arbitration or conciliation.
5.Where an address in the land register is blank or incomplete,impeding
effective clarification of the affected rights holders.
6.Where the person whose name is registered is deceased, andwhether any
decedent's inheritor who may assert claims is unknown impeding effective
notice thereto.
7.The applicant has failed to timely or appropriately andcompletely
supplement the record on application as required in accordance with the
preceding Article .
8.Where for cause otherwise specified in law jurisdiction handlingis
impermissible.
Article 17 The Committee or a regional committee on real estate
dispute conciliation shall set a time for hearing, apprise the applicant
in writing of attending the conciliation hearing, and provide a copy
of the notice to the other party and any affected claimants. The
applicant shall present himself/herself before the committee with
his/her identification documents; where the applicant is unable to
appear in person, he/she may provide a letter of authorization,
appointing an agent to act on his/her behalf at the hearing.
However, if the authorization is already clearly stated in the
application form, the letter of authorization is waived.
Conciliation pursuant to the preceding Paragraph shall be conducted
within 30 days of the date of the docketing of the application, unless
for good cause shown an extension may be necessary.
Article 18 During conciliation, the applicant shall first attempt
negotiations, and if an agreement can be obtained, then the
agreement shall be deemed to constitute the result of the
conciliation, and will be memorialized in writing, to be immediately
reported on site orally, and signed or sealed thereon by the applicant
and the committee members.
Where such conciliation involves several parties, each side may
appoint one to three delegates to conduct the initial conciliation
attempts.
Where conciliation results in an agreement under the first Paragraph
of this Article, the conciliation record shall be provided in writing on
notice to the affected parties and the registration agency.
Article 19 Where the parties are unable to reach an agreement
based on the aforementioned preliminary negotiation efforts or in
the absence of any affected party after notice for the second time,
the Committee or a regional committee on real estate dispute
conciliation shall notwithstanding the same, have authority to
consider the relevant documentation and the applicant's express
testimony, and decide the dispute, preparing their formal conciliation
result.
Where an application for conciliation has been filed in relation to a
matter pending before a registration agency, then in accordance
with the conciliation result, the registration application should be
appropriately approved or denied as indicated.
A conciliation result under the aforementioned first Paragraph,
shall be conveyed to the affected parties in writing. The notice
shall explain that should the applicant be dissatisfied with the
conciliation result, then besides as otherwise provided in law,
they shall have fifteen days from receipt of the notice, in which
to sue the other party as the defendant, in suit before a Court,
and within three days of the notice of appeal being lodged with
the Court provide a copy of the complaint therein to the appropriate municipality/city/county government, and where an appeal is not
timely lodged or the Court declines jurisdiction or denies the appeal,
the affected party may provide the relevant documentation whereof,
in writing on application to the appropriate municipality/city/county
government, for further handling in accordance with the said
conciliation result.
Article 20 When an affected party applies for registration on
the basis of a conciliation result record, the registration agency shall
apply to the appropriate municipality/city/county government to
determine whether any suit has been initiated in Court in respect
of the matter.
Where a conciliation result involves any consideration or
compensation, then when an application for registration is
lodged, there shall be concomitantly included evidentiary
documentation of receipt or lodgment of same, and in the
application there shall be appropriately disclosed in detail the
consideration or compensation amount received; should there
be any mistakes therein, the applicant shall be solely legally
responsible therefor, and such application shall be signed by
the applicant.
Where any party is dissatisfied with the conciliation result,
they may in conformance with the preceding Article's time
limits apply to the Court for adjudication, and the registration
agency shall decline any registration application under the
preceding first Paragraph.
Article 21 On application for conciliation of real estate
disputes under Subparagraphs 1 and 4-7 of Articles 2, the
Committee shall assess a fee of the applicant for each conciliation
application in the amount of NT$15,000.
On application for conciliation of real estate disputes under
Subparagraphs 2, 3 and 8-19 of Articles 2, no conciliation fee
will be due.
When conciliation involves surveying, the actual costs thereof
shall be borne by the parties.
When the applicant shall have withdrawn their application prior
to the conciliation hearing, or have been subject to declination of
jurisdiction pursuant to any subparagraph of Article 16, then as to
any already paid conciliation fee or surveying expenses, after
deducting therefrom for actual expenses already incurred, the
applicant may within five years from the date of receipt of notice
of the declination of jurisdiction, request a refund whereof. But
where surveying has already been conducted on site ,the surveying
expenses advanced, shall not be refundable.
Article 22 Forms of the real estate dispute conciliation application
and dispute conciliation minutes, will be determined by the central
land administration.
Article 23 These Regulations shall take effect from the date of
promulgation.