Property Rights Exercise Made Easier with Amendment to the Land Readjustment Act

Improvement of Adjustment Payment System, Regulatory Relaxation
Enforcement of the 'Special Act on Cadastral Re-survey'

The Ministry of Land, Infrastructure and Transport announced on the 19th the promulgation of the amendment to the "Special Act on Cadastral Resurvey" (hereinafter referred to as the Cadastral Resurvey Act), which includes improvements to the adjustment payment system arising during the cadastral resurvey process and relaxation of regulations, and stated that it will be enforced from the 20th.

With this amendment, it is expected that regulations and administrative procedures that have caused public inconvenience and restricted the exercise of property rights will be significantly eased.

The cadastral resurvey project is a national project that corrects the boundaries of land where the cadastral register and the actual status of the land do not match, converting them into digital cadastral data. It is a project that enhances land utilization value and has been promoted since 2012.

Currently, cadastral registers were registered on paper maps using surveying technology at the time of the land survey project, and among the 37.43 million parcels nationwide, 5.42 million parcels, accounting for 14.5%, were found to be seriously inconsistent with the cadastral data. According to a preliminary feasibility study in 2010, social costs such as litigation expenses caused by these cadastral inconsistencies were analyzed to reach 380 billion KRW annually.

With the enforcement of this amendment to the Cadastral Resurvey Act, the adjustment payment system for the cadastral resurvey project will be improved. Until now, when calculating the adjustment payment for the cadastral resurvey project based on the appraised value, only the cadastral authority as the project implementer selected appraisal corporations to calculate it.

However, this amendment establishes the basis for calculating the adjustment payment based on the appraised values evaluated by two appraisers, including one appraisal corporation recommended by the Landowners' Council. Through this, it is expected to enhance the objectivity and reliability of the adjustment payments.

To further protect the rights of landowners, it has been made mandatory that cases where objections to adjustment payments are filed must undergo reappraisal by two appraisal corporations.

Additionally, when calculating adjustment payments, a basis has been established to include the amounts to be paid or collected according to the area increase or decrease for each parcel when a single owner owns multiple parcels.

Regulations on the exercise of property rights by landowners will also be relaxed. Previously, cadastral register corrections were suspended from the announcement of the designation of the cadastral resurvey district until the announcement of project completion, but now cadastral register corrections will be allowed only for land mergers and land category changes that do not affect the final boundary confirmation, thereby resolving inconveniences in exercising property rights by landowners.

This content was produced with the assistance of AI translation services.