土地臺帳住址缺漏之研究－－以地籍清理審認為中心

Research on Incomplete Address in Cadaster –Focus on the Clearing up of Land Rights

登記名義人統一編號為流水編之清理方式，係以土地登記簿所載登記名義人住所與身分證明文件一致者，即可認定權屬。然而，若住址登載不明（不全、不符或空白），地政機關需要先查找登記名義人之可能住所，地籍清理條例雖然就此類更棘手的土地權利清理方式有所規定，然而清理成效始終低落。鑒於實務上幾乎所有住址登載不明之情況皆係轉載自土地臺帳，也因此有探究土地臺帳所載住所何以登載不明之必要，或許進一步可提升是類土地之清理成效。
經本文之研究發現及案例實證，土地臺帳所載登記名義人地址應「限於與該土地所座落段名不同的部分」，亦即土地臺帳所載登記名義人地址若為空白者，即表示該登記名義人亦設籍在該土地所在之地區（大字／小字），因此土地臺帳登記名義人住所只是因為法令所訂而省略了部分的資訊，登記名義人之住所其實「並非不確定」。只要地政機關透過職權向戶政查詢設籍於該大字／小字之所有同名同姓者之所有戶籍謄本，透過例如取得土地時間、共有人之間之關係即可排除不相干者；或該大字／小字僅有一人設籍，那幾乎是可以確認該人與登記名義人為同一人。本研究之成果及修法建議若被地政機關所認可，將對地籍清理政策有莫大之影響。

The way to clarify the land ownership which the landowner’s identification number is a serial number is recognizing whether the landowner’s residential address registered in the land ledger as being the same as the identification evidences. However, if the registration of the address is incomplete or mismatched, the land office needs to investigate the possible residence of the landowner first. Although Cadastral Clearance Act has stipulated the way to deal with this situation, the efficiency of cadastral clearing is still low. In addition, since almost all the incomplete or mismatched addresses is transcribed from the cadaster, there is a need to explore the reasons why such addresses registered in the cadaster, which may further enhance the efficiency of cadastral clearing.
Our research and case studies found that the landowner’s address registered in the cadaster should be "limited to the part of the administrative district that is different from that of the land". Thus, if the cadaster does not record the landowner’s address, it means that the landowner resides in the administrative district where the land is located. Therefore, despite part of the address recorded in the land ledger is omitted due to legal regulation, the address of the land owner is actually "not uncertain", which means there is no situation that the ownership of the rights is unclear. As long as the land office asks the household registration office through its authority for the household registration transcript of all the people with the same name living in that administrative district, it can exclude unrelated people through, for example, the time of acquiring the land and the kinship relationship between the co-owners; or if there is only one person with the same name living in that administrative district, it can almost be confirmed that person and the land owner are the same person. If such a research result is recognized by the land office, it will have a great impact on the cadastral clearance policy.