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 accordance with
Article 46-2 of the Act.
3. Land right disputes in accordance with Paragraph 2, Article 59 of the
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. Correction registration disputes relating to land ownership’s right
being blank in accordance with Article 31-1 of the Cadastral Clearance Act.
16. 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.
17. Land right disputes arising from land purchase by temples or
religious juridical persons in accordance with Article 38 of the Act
of Cadastral Investigation.
18. General land registration disputes in accordance with Article 75
of the Registrations of the Land Regulation.
19. Constructional improvements ownership initial registration disputes
in accordance with Article 84 of the Registrations of the Land Regulation.
20. Disputes related to the registration of superficies due to the insistence
of positive prescription, servitude of real property, or agricultural right
in accordance with Paragraphs 4 and 5, Article 118 of the Regulations
of the Land Registration.
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 legal
affairs 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 character
Commissioners 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, 11-15,
18-20 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 8-20 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
Wh ere 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 Article 2, applicants shall pay a fee
for each conciliation application according to the following regulations:
1. Cases under Paragraph 1, Article 2: NT$15,000.
2. Cases under Paragraphs 4 to 7, Article 2:
(1) For those with annual rent under NT$180,000: NT$3,000.
(2) For those with annual rent over NT$180,000 and under
NT$360,000: NT$7,000.
(3) For those with annual rent over NT$360,000 and under
NT$480,000: NT$11,000.
(4) For those with annual rent over NT$480,000: NT$15,000.
On application for conciliation of real estate disputes under
Subparagraphs 2, 3 and 8-20 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.