In Mayotte, rights in immovable property, liens and mortgages and the rules concerning the organisation, constitution, transmission and extinction of rights in rem in immovable property and other rights and deeds subject to publicity are those of civil legislation under ordinary law, subject to the provisions of this Title. .
The registration of an immovable guarantees the right of ownership as well as all other rights recognised in the title deed established at the end of a procedure that reveals all rights already constituted on this immovable. The details of this procedure are laid down by decree in the Conseil d’Etat.
Subject to the provisions of the third and fourth paragraphs of this article, are registered in the Mayotte land register mentioned in article 2513 real estate of any kind, whether built on or not, with the exception of that belonging to the public domain. Transfers and constitutions of rights over these properties are recorded in the same book. Any unregistered immovable property that is the subject of a sale before…
Registration of immovable property and registration of the rights referred to in Article 2521 in the land register are compulsory regardless of the legal status of the owner or holder of the rights. Without prejudice to the reciprocal rights and actions of the parties for the performance of their agreements, the rights referred to in article 2521 may only be relied on as against third parties if they have been…
The land register consists of the registers intended for the publication of rights over immovable property. The land register is kept by the real estate property conservation department. It may be kept, by that service, in electronic form under the conditions defined by Article 1366.
Registration of immovable property and registration of rights over immovable property mentioned in Article 2521 takes place on application made under conditions laid down by decree in the Conseil d’Etat. A pre-notation may be registered by court order for the purpose of ensuring that one of the rights mentioned in article 2521 has its registration rank or to guarantee the effectiveness of a subsequent rectification. A provisional protective entry is…
An action to claim an interest in the immovable not disclosed during the registration procedure is inadmissible.
The property to be registered is first bounded. However, any owner, in agreement with the adjoining owners, may waive the bounding. The boundary markers belong to the owner whose property is bounded.
Registration gives rise to the drawing up of a title deed by the registrar of immovable property. The title deed attests, where necessary, to the status of owner. In the courts, it constitutes the starting point for rights to the immovable property at the time of registration. Special titles may be drawn up, at the request of the interested parties, after the immovable property has been registered.
Any amendment to the title subsequent to registration shall only be evidence of the rights mentioned therein until proven otherwise.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
