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Land Registration |
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01. What is the Land Registration? |
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Land registration means the registration of the ownership of, and other rights over, land and constructional improvements thereon. The registration includes the acquisition, creation, transfer, change, or extinction of the land or constructional improvements ownership and the other rights. The registration of any land right is deemed to be completed after the said right is entered, according to the Regulation, into the register by the registry. The purpose of land registration is for cadastral management, property tax and land policy. |
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02. What is the notice for the buyer in the process of land acquisition? |
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The notice for the land buyer |
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1-1. Investigate the landform: location, current use, land boundaries and related geography. You can apply for a copy of the cadastral map, put the urban planning map and review a copy of the registry.
1-2. The acquisition contract should be signed with the land owner or the authorized agent of land registration by the land owner.
1-3. If the land creates registration of mortgage, you can ask the land owner in the time limit to cancel the registration of mortgage to protect the seller gaining the money then don't show off again.
1-4. Due to the different land use, cover ratio and floor area ration, you should check the land zoning in details. If you buy the agriculture land, you need to summit the document of the agricultural lands that will only be used the agricultural use or the document of the suitable land zoning use.
1-5. The transaction price will be decided by the publicly announced current land values or the real transaction price in the neighborhood.
1-6. If the land have the creation of superficies, the rent contract of the 375 farm land or rent contract of the site that be built the construction improvement, then the holder of superficies and dien or the tenant have the preferential rights to purchase. |
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The notice for the land seller |
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The sale price can refer to the publicly announced current land values or the real transaction price recently. The land value increment tax will base on the related land tax regulations. The land value increment tax will be paid by the land owner and the levy of land value increment tax shall be computed on the basis of the total amount of the increased value of land. If there is no the increased value of land, then you don't need to pay any tax when you transfer the land ownership. |
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The applied of the land registration |
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The acquirement, creation, loss and alternation of rights of real property through the juridical act will not take effect until the recordation has been made. After signed contract of the both parties of buyer and seller, they should go to the Land office to register the transfer of land ownership. After land registration, the buyer can get the protection and won't be fined the registration tariffs. |
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03. How many Co-owners agreement can be disposed of the Co-owners land or constructional improvements? |
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For the disposal of ownership, or changes of, or setting encumbrance of superficies, easement, permanent lease, or dien over co-owned land or constructional improvements, the consent of more than half of the Co-owners whose holding of ownership is more than half of the total share shall be required. But if the holding of ownership is more than two thirds, the numbers of consenting co-owners need not be taken into account |
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04. How can you create the registration of mortgage when the land owners offer the land or building as a guarantee? |
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You can apply the registration of creation a mortgage to the Land office and summit the following documents for the application for registration:
(1) Application forms.
(2) The formal contract of creation a mortgage and its copy
(3) Certificates of ownership or other rights
(4) Identification evidences of applicants.
(5) The certificate of commission if your application is filed by a registration agent. When you have announced the commission in the application forms, you don't need to offer this certificate. |
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05. Which documents do you need to offer when you apply to create the registration of mortgage? |
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You shall offer the application forms, the identification evidences of applicants, the agreement of cancellation of a mortgage and the certificates of other rights to cancel the registration of a mortgage. |
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06. Which tariffs do you need to pay when you apply to the registration of land and building? |
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| You shall pay the following tariffs when you apply to the registration. |
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The registration tariffs (fees) – You should pay the registration tariffs by the Land Act and related regulation. Any registration fee less than NT$1 shall not be collected. The registration tariffs shall be based on the following rules: |
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1-1. The general registration of land: the obligee shall pay a registration fee at the rate of 0.2 percent of the declared value of the land.
1-2. The initial registration of ownerships of constructional improvements: the obligee shall pay a registration fee at the rate of 0.2 percent of the declared value of the constructional improvements.
1-3. The change of ownerships: the obligee shall pay a registration fee at the rate of 0.1 percent of the declared value of the land, or 0.1 percent of the value of any rights.
1-4. The registration of creation of other rights: the obligee shall pay a registration fee at the rate of 0.1 percent of the value of any rights.
1-5. The registration of change contents of other rights: In applying for the registration of any change in a land right, the obligee shall pay a registration fee at the rate of 0.1 per cent of the declared value of the land or 0.1 per cent of the value of any right over it other than ownership, as the case may be. But no registration fee shall be charged for the registration of a change in the content of any other right over land, unless its value increases when a registration fee shall be charged on the increased value according to the preceding paragraph. |
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The certificates fees—the certificate of land right, the certificate of building right and the certificates of other rights will be paid by NT$ 80 every sheet. But due to the directly subdivision, the land owner don't need to pay any certificates fees when the land owner register by the newly lot number to make the registration of change. |
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The sale price can refer to the publicly announced current land values or the real transaction price recently. The land value increment tax will base on the related land tax regulations. The land value increment tax will be paid by the land owner and the levy of land value increment tax shall be computed on the basis of the total amount of the increased value of land. If there is no the increased value of land, then you don't need to pay any tax when you transfer the land ownership. |
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The land rights for foreigner |
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01. What are the Requirements When a foreigner is acquiring the land rights? |
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Only those aliens may acquire or create rights over land in the Republic of China who is nationals of States that have diplomatic relations with the Republic of China and permit, according either to treaty or to their municipal Acts, Chinese nationals to enjoy the same rights in their respective countries. |
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02. What are the requirements when a foreigner is acquiring the land rights? |
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The listing is showed by following table. |
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03. What is the restriction when a foreigner is acquiring the land rights? |
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According the land regulations, Lands of the following descriptions shall not be transferred or leased to foreigners, nor may encumbrance on them be created in favor of aliens:
1. Forest lands.
2. Fisheries.
3. Hunting grounds.
4. Salt fields.
5. Lands with mineral deposit.
6. Sources of water.
7. Lands lying within fortified and military areas and lands adjacent to the national frontiers.
The transfer referred to in the preceding paragraph shall not include the acquisition of land through inheritance. But the said land shall be disposed of to Chinese nationals within three years after the completion of the registration of inheritance. If the land is not duly disposed of within this time limit, the Special Municipality or County / City Government shall transfer it to the National Property Bureau for public tendering. The procedure for public tendering provided by Article 7 3-1 shall, mutatis mutandis, apply.
The provisions referred to in the preceding paragraph shall, mutatis mutandis, apply to the acquisition of land, listed in (1) to 7. Above, through inheritance before the revision of this Act, where the registration of inheritance has not yet been completed.
Article 18 Only those aliens may acquire or create rights over land in the Republic of China who is nationals of States that have diplomatic relations with the Republic of China and permit, according either to treaty or to their municipal Acts, Chinese nationals to enjoy the same rights in their respective countries. |
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Land Value |
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01. If the owner of the land expropriated has died and the registration of inheritance has not been completed, can the compensation for expropriation be paid to their individual lawful shares of the inheritance? |
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In case the owner of the land expropriated has died and the registration of inheritance has not been completed, the compensation for expropriation may be paid to the heirs according to their individual lawful shares of the inheritance. This principle also applies to the case when the heirs have completed the registration of co-ownership-in-common. The provisions of the preceding paragraph shall, mutatis mutandis, apply to the land of which the compensation for expropriation had not been paid before the promulgation of this Land Expropriation Act. |
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02. How to identify the land ownership of the land expropriation? |
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According the Article 24 of the Land Expropriation Act, only such ownership or other rights over the land or constructional improvements to be expropriated shall be recognized as are recorded in the land register on the last day when the period of public announcement expires. But if the ownership or other rights of land or constructional improvements have been acquired through inheritance, special performance or judicial decision, and the registration of ownership or other rights is not completed, then the obligee shall refer the matter to the competent authorities of the Special Municipality or County / City for record during the period of public announcement. |
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03. How to value the land when it is expropriated? |
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When any land is expropriated, its land value shall be compensated based on its current market value. The value of land reserved for public facilities in the urban planning area shall be compensated based on the average market value of its adjoining lands not reserved for public facilities.
The market value referred to in the preceding paragraph shall be forwarded by the municipal or county / city competent authority to the Land Value Evaluation Committee for determination. |
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04. What is the current announced land value? |
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The current announced land value is the government base on the Article 46 of the Equalization of Land Rights Act to compile a table of publicly announced current land values and publicly announce on January 1 of each year. The current announced land value is served as a reference for the competent authorities to examine declared current values of lands at the time of changes in land rights and for the base of compensation for land compulsorily purchased. |
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05. Which documents do you need to prepare to apply to get the license of real estate practicing of appraiser? |
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1. Application forms
2. The certificates of the real estate appraiser and its copy
3. The evidence and its copy that he (or she) has over two years' practical experience in real
estate appraisal.
4. The copy of Identification evidences.
5. Two personal 2-inches photographs recently. If your application has been rejected, the land office will withdraw the documents of the items 2-5. If the applicants are foreigners, competent authorities in a Special Municipality or a County / City shall review their application, if they are qualified the regulation, they can practice the real estate appraiser work after they get the permission from the competent central authority. |
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Survey |
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01. What is land join resurvey? Does it necessary to pay for it? |
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Due to the fact that the owner of land in order to increase the usage of land, base on same land section, connected land boundary, land usage, and characteristics, apply to merge the different land to become the same piece survey process, call land join resurvey. To encourage the owner of land or manager could apply the merge action for related agencies easy to mange the land cadastral, apply land join resurvey is not necessary to pay. |
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02. What is land slice resurvey? Does it necessary to pay for it? |
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The owner of land due to necessities to separate same piece of land into several pieces of land, this kind of survey process which reissue new boundary in cadastral map, called land slice resurvey. The cost calculates as below: use hectare as the calculation base, according to divided pieces of land to calculate amount. Each time charge for NT$800. Under 1 hectare, calculate as 1 hectare, over 1 hectare, increasing 0.5 hectare, charge NT$400 more, if increasing below 0.5 hectare, calculate as 0.5 hectare. And if the applicants do not set up border markers, and apply for boundary of slice at the same time, need to pay half more. As to the land slice resurvey area over 10 hectares, could depend on the necessary needs, recalculate. |
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03. What is Architectural survey? What items are included? |
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Architectural survey, including building first time surveying and Architectural resurvey . The meaning is due to new build, increased build, rebuild, eliminate, slice, join or other indication change, the owner or manager could apply survey, base on real estate location, area, land number, address of building from the land office, called Architectural survey. Architectural survey includes: Building first time Surveying, building increased resurvey, building eliminate resurvey, building slice resurvey, building join resurvey, Address of building examination, land number of building examination. |
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04. I have applied Boundary Resurvey, but I am not satisfied to the result or have any questions, how could I do? Is there any solutions? And what is re-Boundary Resurvey? |
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According to「Regulations for Cadastral Survey」and 「land resurvey and Architectural Surveying Auxiliary Regulations」, regarding Boundary Resurvey application process as below:
1.When Boundary Resurvey , the officers should first identify ID of corners, assist applicants bury land mark, and marked it on the map of land resurvey, create numbers of border marks and note related location. Land office should release achievement map of land resurvey according to relust.
2.When applicants disagree the result, should reapply it and detailed describe the reapply reasons, pay the regulation cost to the land office and apply for re-Boundary Resurvey, the located land office will ask related authorizations to send another officers recheck, and the result will send back to the original land office, and will inform related people and applicants afterwards.
3.Applicants still disagree with re-Boundary Resurvey result, should apply for law institute. And land office shall not take the third time apply.
4.The related people have disagreement towards the result of related land, could base on his own land to apply for re-Boundary Resurvey, land office will follow re-Boundary Resurvey process to check.
5.Above who apply for re-Boundary Resurvey, after check, the first time land resurvey indeed has mistake, the applicants could ask the payment be returned within 3 months, but only valid for 3 months. |
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05. What is Tolerance? |
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Any survey, due to the restrictions of survey conditions, there might sometimes have error. Some might due to survey equipment error or not proper correct, some because observer physical restrictions or habits and lead to human error or due to survey environment like temperature, air pressure etc. cause natural error. Hence, laws have focus on some possible errors situation set up "error tolerance range", this is so called Tolerance. |
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06. How to transfer from Taiwanese "ping" to "square meters"? |
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1. 1 square meter = 0.3025 ping
2. 1 ping = 3.3058 square meters
3. 1 hectare = 10000 square meters = 3025 ping = 1.03102 jia
4. 1 jia = 10 fen = 2934 ping = 0.96992 hectare
5. 1 square kilometers = 100 hectares |
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07. What is land resurvey ? Under what conditions could apply for land resurvey? |
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1. So called land resurvey, is focus on the land which already finished cadastral survey, due to natural increased, reappearing in watershed, eliminate, slice, join cause real conditions has been different from what has been record in the cadastral books or due to related land due to boundary is not clear defined, and apply for resurvey.
2. If there is any condition sustain, could apply for land resurvey？
(1) Due to natural increase, reappearing in watershed, eliminate, slice, join and Boundary Resurvey or change.
(2) Due to distorter of boundary which need to be adjusted.
(3) According to 「Law of Architectural article 44 」or article 45 first regulation need to be adjusted.
(4) Need to set superficies, permanent lease , easement or dien on the land.
(5) Declaration of complete Statute of Limitations, and accordingly to get ownership, superficies or easement.
3. Land Resurvey, due to involve citizen right, not only simple survey or technical problems, also include law issue, therefore should be scrupulously treat. The apply not limited to related people, related authorization might also apply if needed. |
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08. What is Boundary Resurvey? What is the difference between land Resurvey ? |
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So called Boundary Resurvey , is part of land resurvey. It is the land which already processed land survey, the actual Corner due to human factors or natural disasters cause Corner move, eliminate or lost and cause the boundary unclear, the related land owner could claim for land boundary resurvey, to redefine land location to protect his own right. |
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09. What is Building First time Surveying ? What is initial registration of ownership over building? |
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1. The owner of real estate, in order to have the right on the property, before they apply Building First time Surveying, they should follow the process apply for real estate location and area survey, to be the base for Building First time Surveying.
2. So called initial registration of ownership over building, indicates new build or old legal real estate, to ensure its belongs and apply the first time survey from land office. It combines new build and original property registration, called initial registration of ownership over building. This registration is not forced, could decide by citizens. |
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