Section 1: Liens and mortgages

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.