A study of the mechanism of property rights registration for the right-exchange of urban renewal.

• Main Authors: Huang Chao-Hui, 黃朝輝
• Other Authors: Chen Chin-Tzu
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/70548584028707776549

碩士 === 中國文化大學 === 建築及都市計劃研究所 === 98 === A Study of The Mechanism of Property Rights Registration for The Right-Exchange of Urban Renewal. Abstract Our nation’s urban renewal used the right-exchange as the core. Within the scope of the renewal region, the method of majority decision was used to allot the rights of above-ground properties and the lands before and after the renewal. The property rights registration for the right-exchange was applied for urban renewal by the enforcer. Then, the competent authority would entrust the registration institution to the process. Nevertheless, would the current mechanism be fluent during the operational procedure? Would the relevant laws and regulations match the practical operational needs? There questions are worthy of further research. The main purpose of this research was to expect that the property rights registration for the right-exchange would follow the regulations and operational procedures. We discussed the related issues on the mechanism of property rights registration for the right-exchange of urban renewal and attempted to propose the insufficiency or unreasonability of the regulations. Regarding the issues that could be improved, solutions were proposed. In the past, there were few literatures discussing the operational situation of the right-exchange of urban renewal from the perspective of property rights registration. This research used the property rights registration as the core to deeply discuss the issue. This research discovered the following problems. 1. In the aspect of relevant laws and regulations: (a) The compensation payment to qualified subjects and required documents were not yet regulated. (b) After the right-exchange, the new building’s initial registration of building ownership was not enforced to be done. (c) The registration of right-exchange was not stipulated in the Land Registration Regulations. 2. In the practical aspect, we have encountered some problems, including: (a) The operators and the clerks were lacking in experiences, as well as the uncertainty of the laws and regulations, thus causing a waste of time during the procedure of the property rights registration. (b) There was a difficulty before the right-exchange for the enforcer to be in charge of the verification and division. (c) There should be clear regulations in the right-exchange guidebook regarding the distribution documents on the shared ownership of the new building and its land ownership. Through the research results, a mechanism of “the planning information of a new building property rights being illustrated in detail in the right-exchange book” was proposed, hoping to improve the procedure of property rights registration and to achieve the right-exchange of urban renewal. The goal of having open information, procedural justice, and property right fairness was one of the contributions that this research made to the academic and practical fields. This research was divided into 5 chapters and 16 sections. The first chapter was the introduction and included 3 sections, presenting the subjects such as research motive and purpose, research scope and contents, research methods and procedures. The second chapter was the literature discussion and included 4 sections, discussing the related literature on right-exchange. The contents of the property rights registration and the initial registration of building ownership were discussed to establish the theory structure. The third chapter was the investigation and analysis on the current mechanism of property rights registration for the right-exchange, and it was divided into 4 sections. This chapter included the analysis of laws and regulations, the analysis of practical aspects, and the analysis on case study, as well as proposing the issues and having discussions. The fourth chapter included the expert questionnaires and the issues and solutions on the mechanism of property rights registration for the right-exchange. It had four sections, explaining the enforcement of the expert questionnaires and the analysis results. There were issues and solutions proposed. The fifth chapter had 2 sections, proposing the conclusion, suggestion and follow-up research. This research aimed at the improvable issues to propose solutions and establish new mechanisms. The research results were good enough to provide references for the government authorities on law adjustments and system improvements. It is worthy of research value, because it will help the promotion of urban renewal and improve the procedure of property rights registration. Key words: urban renewal, right-exchange, the mechanism of property rights registration.