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…
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.
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.
