共有土地調處分割之研究

共有土地隨著社會經濟型態轉變，共有人間關連性漸趨淡薄，藉共有物分割方式改變共有型態情形漸增。共有土地分割之途徑，除協議分割、裁判分割外，尚有調處、調解等訴訟外糾紛處理機制，以疏解訟源，惟不服調處結果訴請法院判決者亦不在少數，本文以探討相關案例方式，分析該機制之彈性及限制，及調處過程中爭議問題。為能深入共有物分割爭議問題，追溯共有關係成因，探討何以共有人間成立共有關係，又欲脫離共有關係，分析影響共有物分割之因素；由了解應有部分內、外部關係，及共有土地權利行使與限制，整理分割協議過程中應考量之要素；另透過比較藉調處機制解決共有土地分割爭執，與藉調解、和解、判決途徑解決分割爭執之差異，俾有效運用替代性糾紛解決機制。本文藉相關案例探討共有道路用地得否裁處分割，分析道路用地類型、使用限制與共有物分割之關連性；彙整共有人不服調處結果向法院起訴之判決，及法院判決共有物分割案例，分析原告起訴原因，期有助於受理共有物分割調處申請案時，釐清糾爭所在，俾妥適處理共有土地分割問題，兼顧財產權之保障。

關鍵字

共有物分割

並列摘要

With the change of social and economic pattern of common land, the relationship between common people is gradually weakened, and the situation of changing the common type through the division of common property is increasing. In addition to agreement division and judgment division, there are other ways to deal with disputes other than litigation such as mediation and mediation in order to resolve the source of litigation. However, there are many people who are dissatisfied with the mediation results and appeal to the court for judgment. This article discusses relevant cases, analyzing the flexibility and limitations of the mechanism, and the disputed issues in the mediation process. In order to go deep into the disputes over the division of common property, trace back the causes of the joint relationship, discuss why co-owners establish a common relationship and want to break away from the common relationship, and analyze the factors that affect the division of common property; Exercising and restricting, sorting out the elements that should be considered in the process of dividing the agreement; in addition, through the comparison of the mechanism of the secondment agency to solve the disputes over the division of common land, and the difference between solving disputes over the division of disputes through mediation, reconciliation, and judgment, so as to effectively use alternative dispute resolution mechanisms. This article uses relevant cases to discuss whether the co-owned road land can be divided, and analyzes the relationship between the type of road land, use restrictions and the division of the co-owned property; it summarizes the judgments of the co-owners who are dissatisfied with the mediation results to the court, and the cases of the court's judgment on the division of the co-owned property, and analyzes the plaintiff The reason for the lawsuit is expected to help clarify the dispute when accepting the application for the division and mediation of the shared property, so as to properly handle the issue of the division of the shared land and take into account the protection of property rights.