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|Other Titles: ||Study on the Legal System of Boundary Investigation for Cadastral Map Resurvey in Taiwan|
Ho, Wei-Hsin;Wu, Hong-Ming
Cadastral Map;Cadastral Investigation;Cadastral Survey;Cadastral Resurveying
|Issue Date: ||2013-12-05 15:16:23 (UTC+8)|
The Cadastral Map of Taiwan was produced under the Japanese statutes period in 1903, which continued after 1945. It is the only original record that served as the reference for property rights. Although the “Land Investigation Regulations” during Japanese colonization and the “Land Laws” in our country are 40 years apart, at the early period after Taiwan Restoration, administrative officials still believed the cadastral investigation and survey procedures to be precise and consistent. Therefore, the laws were only partially amended and adopted in completing the general land registration in Taiwan. In fact, through analysis conducted on the land laws and regulations, it was found that although the Japanese cadastral survey was seemingly in conformity with standard “procedure”, in-depth observations showed that the “substance of the survey” was completely unfit for our purposes. Thus, shortly after the Taiwan Restoration, the cadastral map gradually became obsolete; thus a “new survey” was obviously needed. The Land Law was amended in 1975; after adding the Cadastral Map Re-Survey Act, inadequate legislation resulted in major legal loopholes. Not only did it fail to effectively implement the cadastre, but disputes also arose from boundary line surveys. Governmental agencies neglected this matter for 30 years, and this negligence was unconstitutional. In Taiwan Province, a total of over four million parcels of land need cadastral resurveying and will inevitably encounter legal questions and conflicts. However, due to time limit, this paper only deals with Sub-paragraph 1 of Paragraph 2 of Article 46 in Land Act and Paragraph 1 of Article 194 in Directions for Implementation of Cadastral Survey targeted at bottlenecks that urgently need to be broken through. Findings have been generalized, and suggestions for amendments to relative articles have also been proposed. It is expected that ideas for sustained development of cadastral resurveying will be discovered.
|Data Type: ||article|
|Appears in Collections:||[地政學系] 期刊論文|
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