Section 3: Registration of rights in immovable property

Without prejudice to other rights the registration of which is provided for by the provisions of this code, other codes or civil legislation applicable to Mayotte, the following are registered in the land register, for the purposes of opposability to third parties: 1° The following rights in rem in immovable property: a) Immovable property; b) Usufruct of the same property established by the will of man; c) Use and habitation;…

Sont inscrits sur le livre foncier, à peine d’inadmissabilité, lorsqu’elles portent sur les droits mentionnés aux 1° et 2° de l’article 2521, legal proceedings for the resolution, revocation, annulment or rescission of an agreement or disposition mortis causa.

The holder of one of the rights mentioned in Article 2521 may not be registered until the right of its immediate author has itself been registered. The holder of a right other than ownership may only be registered after the owner of the immovable has been registered, unless the latter has been acquired by prescription or accession.

Any deed relating to a right that may be registered must, for the purposes of registration, be drawn up in authentic form by a notary, a court of general jurisdiction or a public authority. Any deed inter vivos, transferring or declaring immovable property, any deed inter vivos constituting or transferring a land easement drawn up in another form must be followed, on pain of lapsing, by an authenticated deed or,…

Ministerial officers and public authorities are required to register, without delay and independently of the will of the parties, the rights referred to in Article 2521 resulting from acts drawn up before them and referred to in article 2524.

Any person who has an interest therein shall apply to the Registrar, by producing the writings executed in authentic form constituting the rights to be registered and other documents the filing of which is prescribed by this Title, for the registration, cancellation or rectification of the registration of a right.

The registrar of immovable property or the court when the matter is referred to it, shall check whether the right referred to in the application is registrable, whether the deeds produced in support of the application comply with the prescribed form, and whether the author of the right is himself registered in accordance with the provisions of Article 2523.

Rights subject to registration pursuant to article 2521 are, if they have not been registered, unenforceable against third parties who, on the same immovable, have acquired, from the same author, competing rights subject to registration. These rights are also unenforceable, if they have been registered, when the rights invoked by these third parties, were previously registered. Third parties who were themselves responsible for having the competing rights published, or their…

Where several formalities of a nature to produce effects enforceable against third parties under Article 2528, are required on the same day in respect of the same immovable, the one required under the title with the earliest date is deemed to rank earlier, regardless of the order of the registered filings. Where a formality required under 1°, excluding i, and 2° of Article 2521 and likely to produce effects enforceable…