As an exception to the provisions of Article 2377, the only general liens on immovable property applicable in Mayotte are legal costs and the rights of the Public Treasury. These two liens are exempt from registration in the land register.
Only the following may be mortgaged: 1° Immovable property which is in the trade and its accessories deemed to be immovable; 2° Usufruct of the same property and accessories, for the duration of its term; 3° Emphyteusis, for the duration of its term; 4° Building rights.
A conventional mortgage may only be granted by a deed executed in authentic form. The transfer and release of the mortgage shall take place in the same form. Contracts concluded outside Mayotte may only validly have the purpose of constituting a mortgage on immovable property situated in Mayotte if they comply with the provisions of this title.
For the purposes of their publication, distraint orders relating to lots depending on an immovable subject to the status of co-ownership are deemed not to relate to the share of the common parts included in these lots. Nevertheless, distraining creditors exercise their right over the said share, taken in its consistency at the time of the transfer, the price of which forms the subject of the distribution.
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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
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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
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