Key Benefits:
The Prime Minister,
On the report of the Minister of Interior, Overseas and Territorial Communities,
Vu le Civil code ;
Vu le General Tax Code applicable to Mayotte;
Considering the code of urban planning;
Vu la Act No. 68-671 of 25 July 1968 amended relative to the civil status of the French who lived in Algeria or in the former French territories of overseas or under guardianship that became independent;
Vu la Act No. 2001-616 of 11 July 2001 amended on Mayotte, including title VI;
See?Order No. 2000-218 of 8 March 2000 Amending the rules for determining the names and names of persons of local civil status applicable to Mayotte;
See?Order No. 2005-870 of 28 July 2005 Amending various provisions relating to real estate in Mayotte and amending Book IV of the Civil Code;
Vu le Decree No. 93-1088 of 9 September 1993 relating to the establishment and conservation of a parcel cadastre in Mayotte;
Vu le Decree No. 2006-936 of 27 July 2006 amended on the procedures for the seizure and distribution of the prices of a building;
Having regard to the advice of the Mayotte General Council of 22 February 2008;
The State Council (inland section) heard,
Decrete:
As buildings within the meaning ofArticle 518 of the Civil Code, remnant lands or foundations mentioned in theArticle 634 of the General Tax Code applicable to Mayotte fall under the registration regime in the land book.
However, the rights mentioned in theArticle 2521 of the Civil Code constituted on these lands or foundations, as long as there is no registration in the title of ownership to put it in an absolute or relative, temporary or definitive way, out of trade.
The tombs used as private graves built on registered buildings remain subject to the customs in force in Mayotte. Their assignment remains governed by them and their decommissioning takes place only under the conditions and under the reserves they provide.
The collective rights of use referred to in last paragraph of Article 2511 of the Civil Code include those of passage, pacing and picking, consecrated by custom.
They can always be converted, after the finding of the vivification of these lands, into an individual property right for the benefit of the person who has developed them. This requires the registration of the land.
Anyone who requires registration or registration as a proxy is required to justify his or her mandate by filing a proxy received by a lawyer or notary.
Notaries and lawyers designated as agents are exempted from filing a proxy in writing.
Unless otherwise provided, acts received by foreign public or ministerial officials and decisions rendered by foreign courts may not be published or constitute the title of a registration of privilege or hypothec only if they have been legalized by a qualified official of the French Ministry of Foreign Affairs and filed within minutes of a French notary or were made enforceable in France. They must be accompanied, if written in a foreign language, by a translation into French, certified in accordance with either the above-mentioned official or by an interpreter usually committed by the courts.
The land book presents the legal situation of the building, as it results from its registration and the subsequent registration of the references to the constitution, modification, transmission and extinction of the rights mentioned in theArticle 2521 of the Civil Code, constituted on the building.
All of these references establish the title of ownership of the building to which they apply.
No change in the legal situation of an immovable may be subject to cadastral change if the judicial decision or act recognizing this amendment has not been previously mentioned on the land book.
By a decision of the property owner, a register may be held for buildings located in each commune.
The references to the land book are made in accordance with the analytical records of the acts and documents justifying the rights to be entered. The banknotes are written by notaries, lawyers, judicial officers, clerks, commissioners of the execution of the plan and administrative authorities having drawn up or conspired. They are filed in duplicate, one of which is retained by the real estate conservation service, and the other is returned to the applicant, after being coated by the Conservative with a statement attesting to the registration.
Each of the vouchers contains the statements of the act that it is necessary for registration, as defined in this decree.
The applicant certifies that their content is in accordance with the act or title under which the registration of the right is required. The preserver of the real estate property proceeds to this registration on the bordereau.
If a single act concerns several existing properties or to create by way of fragmentation, it is deposited as many additional vouchers as there are properties in addition to the first. They are certified by the applicant.
The form of the land book and the title of property as well as that of the analytical vouchers is fixed by the real estate conservation service.
The record retained in the land book includes for each property title:
1° The acts and documents of the registration procedure, as well as the documents gathered on the occasion of the establishment of the title of ownership;
2° The final plan of the building and, when required, the relevant minutes of the building;
3° Analytical vouchers successively established in support of subsequent registrations on the same title;
4° The acts and documents accompanying these slips.
The curator of the real estate property holds:
1° A register of pre-registration formalities;
2° A register of oppositions;
3° A register of deposits on which it mentions, day after day and in digital order of surrender, on the one hand, the acts and documents to be registered and not refused under articles 61, 96, 100, 102, 105, 108, 113 and 116, on the other hand, the acts intended to be mentioned in the margins of registration not refused under section 116. This register is stopped daily by the Conservative.
The Conservative shall make registrations and mentions on the date and order of the discounts made.
Each year, a reproduction of the closed registers during the previous year is filed without charge at the court of first instance in Mamoudzou. It can be dematerialized.
The records maintained by the Conservative are listed on each page and marked on the first and last page by the presiding judge.
When held in the electronic form provided by theArticle 2513 of the Civil Code, these records must be identified, numbered and dated from their establishment by means that offer any warranty.
Any mention on the land book of a sum of money must be made in euros or accompanied by an evaluation in euros.
The curator of the property is appointed by the representative of the state.
The headquarters of the property conservation service of Mayotte is located in Mamoudzou.
The Conservative is responsible for:
1° Follow-up to requests for registration of buildings and its formality on the land book;
2° Registration, on the land book, of the rights mentioned in theArticle 2521 of the Civil Code constituted on registered buildings;
3° The preservation of acts and plans relating to registered buildings;
4° From the communication to the public of information in its possession relating to registered buildings.
Disputes between the Conservative and the applicants are notified by registered letter with a request for notice of receipt or against receipt.
The Conservative shall state, on a written request that meets the following requirements, the summary situation of the buildings belonging to the same owner, designated with his or her names, first names and date and place of birth, or on which the same person would have rights mentioned to the ownerArticle 2521 of the Civil Codeother than those provided in the i of the 1st article.
The application concerns a person, a building or both.
With respect to registrations after the entry into force of this decree, the building is designated in the application by its cadastral reference (common, section, number). For applications for registrations prior to that date, the reference to the title of ownership is required to obtain the information regarding the title.
In addition to registrations after the entry into force of this Order, a copy of the registration and registrations on the title of ownership is issued by the preservative.
When a personal request is made, it only issues registrations after 1 January 2008 concerning the person subject to the application.
Copies of registered titles and registered acts or decisions may only be issued if the references to formality are included in the application.
The costs for the issuance of copies and information are paid in advance by the applicants.
Any building registration or registration of rights mentioned in theArticle 2521 of the Civil Code is notified to the person who requested it.
Without prejudice to the right of any person to require, subject to the rights of third parties, the rectification, modification or deletion of inaccurate, incomplete or outdated information on the land book relating to his or her property and rights, the preservative shall, on his or her own initiative, rectify the irregularities arising out of his or her fact, as a result of one of his or her predecessors or those who would otherwise irregister
Except as provided for in this Order, the Conservative may not refuse to register, delist, reduce or amend to register regularly requested or issue a certificate of registration or non-registration of the person who regularly requires it.
Forms relating to the establishment of applications for registration of buildings and registration of the rights mentioned in theArticle 2521 of the Civil Code and the most common acts are made available to the public by the real estate conservation service.
Requests and declarations addressed to the service of the conservation of real estate by a public authority are received by this service, provided that they are duly signed and coated with the seal or stamp of that authority.
It is considered public authorities for the application of this article, not only the State, departmental and municipal governments of Mayotte, but also representatives of public institutions.
Can request the registration of buildings to the land book:
1° The owner or his legal representative if he is a minor or a major protected person;
2° Indivisary;
3° Any person authorized to apply for the registration of a right referred to in theArticle 2521 of the Civil Code, if the admissibility of this registration depends on the prior registration of the building.
The registration fee shall be borne by the applicant who deposits, together with the application, a provision equal to their alleged amount.
The applicant, holder of a right referred to in theArticle 2521 of the Civil Code other than the right of ownership, or the tenant of the building may apply for reimbursement to the owner if he or she determines that the owner has refused to meet his or her registration obligation.
The requisition of registration applies only to a building consisting of a single parcel or parcels forming a body.
However, simultaneous registration of buildings contiguous or separated by portions of the public domain is always possible under the conditions provided for in section 25.
Registration of a building is supposed to understand the right of a wall to be adjoinedArticle 653 of the Civil Code without mentioning it specifically.
The person who requires the registration of a building shall give to the owner of the real estate that receives it, or sends it by registered letter with request for notice of receipt an application that includes:
1° A French-language statement signed by her or an agent containing:
(a) The identification elements provided for in section 64, if the applicant is a natural person, or section 65, if it is a legal person;
(b) The description of the building as well as the constructions, plantations and works that are located there, with the indication of its nature, its location, its capacity, its limits, its cadastral designation (section, plan number, if there is the number of the condominium lot, placedit or address), in accordance with the cadastral extract referred to in the e or according to the cadastral documents
(c) The estimation of its venal value;
(d) Details of the rights mentioned inArticle 2521 of the Civil Code, with mention of the names, first names and domicile of the persons involved;
(e) A cadastral extract of less than six months on the date of the submission of the request;
(f) In case of a boundary, the identity and address of the riparian owners;
(g) The requisition to register the building;
(h) An election of domicile in Mayotte if the person does not have their real home.
If the applicant cannot sign, the Conservative certifies the fact at the bottom of the application.
2° authentic public or private contracts and acts constituting the various rights listed in the application. If they are written in a foreign language, they must be accompanied by a French translation in accordance with the terms set out in Article 5.
Where a number of owners agree to cause simultaneous registration of buildings contiguous or separated by portions of the public domain, the petitions disclose, for each applicant or group of indivis claimants and for each interested building, the information required for production in section 24.
They are then filed together for the conservation of the real estate, accompanied by a single requisition, signed by all the applicants, and aiming to ensure that the procedures are followed together.
The preservative shall send to the court of first instance, in the same consignment, the records of joint motions relating to immovables that have given rise to objections or disputes and for which registration may only be pronounced by a judgment, in accordance with sections 48 to 52.
Upon receipt of the request, an extract from the requisition of registration is published, by the Conservative, in the Compendium of Administrative Proceedings of the Prefecture. A notice reproducing this publication is notified by the Conservative to the mayor of the commune of the location of the building and to each of the rights mentioned in the requisition of registration. Indictees and minutes of notifications are annexed by the preservative on the record of the proceedings.
The mayor of the municipality of the location of the building whose registration is required shall carry out the display of the extract of the requisition in the town hall premises. The performance of the billing measure is attested by a certificate transmitted, without delay, by the mayor to the Conservative.
In case of sale before the courts provided for in theArticle 2511 of the Civil Code, pre-adjudication registration is mandatory:
- in the matter of seizure, by the requesting creditor;
― in terms of licitation, by one of the coliciators;
for the property of the minor and the protected adult by their legal representatives.
The registration fees are advanced by the applicant and their amount is included among the costs to be borne by the adjudicator in addition to the main price.
The court shall order the sale to pre-registration, unless it is null and void.
In the matter of seizure, the requisition of registration is established on behalf of the seizure by the requesting creditor or his defenceman, who encloses a true copy of the command carrying out real estate.
The command is targeted by the Conservative for registration on his records. The visa and the filing of the requisition are carried out at the same time barely denying registration.
All documents of a nature to make known the rights mentioned inArticle 2521 of the Civil Code existing on the building and which could be in the hands of the forwarding creditor as well as, in the event of a real estate seizure, the order to pay will be deposited for registration in support of the requisition.
The deadlines for the real estate seizure proceedings are suspended until the deadline for the production of oppositions expires.
The award may only take place after the final registration decision.
In the event that the decision alters the consistency or legal situation of the building, defined by the terms of sale, the requesting creditor is required to attach a corrigendum to this notebook to proceed with the award.
In the month following the publication in the Compendium of Administrative Acts of the Prefecture of the Extract of the Requisition, the prefecture commissioned a geometre to charge the Grievor to the building's limit to be registered.
For requests referred to in Article 25, boundary operations are entrusted to the same geometer.
The date of the terminals is brought by the geometer to the public at least one month in advance by means of notice posted at the entrance or, if not, by the limit of the building to be limited and in the premises of the town hall of the building's situation.
The Conservative may attend or be represented in the boundary operations.
Invited, by registered letter with a request for a notice of receipt or a return against receipt, to attend or be represented by a proxy:
- the person requiring registration;
the owner if he does not require registration;
― each of the adjacent owners of the building to be registered, named in accordance with the f of the 1st of section 24.
The supporting documents for the completion of these formalities are annexed to the terminal minutes attached to the registration file.
For requests referred to in Article 25, the terminals are fixed on the same date.
The geometer shall, on the fixed date, in the presence of the persons referred to in section 36, carry out the boundary operations.
These operations involve the recognition and fixation of limits by natural terminals or limits.
In the event of a dispute between the Grievor and one or more of the riparian owners or other persons interested in the boundary line, the geometer records the claimants' statements and the responses of the applicants.
The minutes of the geometer in charge of the terminal mention:
1° The date, day, time and place of terminal operations;
2° His name, first name and quality, with the reminder of his oath performance;
3° The names, names, quality and domicile of the adjacent owners of the building to be limited or their agents who attended these operations;
4° The description of the recognized limits with reference to the length of the sides, each of the tops of the polygon formed by the building being designated by an order number, the capacity of the building and, if applicable, that of each plot;
5° Summary of the nature and consistency of the building;
6° The declaration that no dispute has occurred;
7° In the case of disputes referred to in the last paragraph of Article 37, the names and quality of their authors and their reasons. The report is then referred to as "negative terminal minutes".
The minutes, after closing, are signed by the geometer.
If, for a force majeure reason, limiting operations may not be carried out on the date originally scheduled, the geometer shall set a new date to proceed.
It shall inform the persons referred to in section 36 by means of notices sent by registered letter with a request for notice of receipt or surrender against receipt, at least twenty days before the day in which the terminals will be carried out.
The newly selected date shall be notified to the public at least twenty days in advance in accordance with the terms set out in the first paragraph of the same article.
Upon completion of the terminal, a plan of the building is drawn up and the necessary operations are carried out for its connection to the nearest triangulation points or to the appropriately chosen fixed points, which may themselves be attached to this triangulation.
When a blockage of a building could not be made, by the Grievor's fault, within a maximum period of one year, the Conservative notes that the application for registration has been waived, after an unreported summation to the Grievor and has remained without effect in the month following his notification. This finding is notified by the Conservative to the opponents, particularly if it exists. The same is true when the appellant waives, in the course of the proceedings, to continue the registration he requested.
The locking report and the building's plan are provided, as soon as possible, by the preservative boundary geometer, which reports to the opposition register the mentions relating to the high disputes during these operations.
The notice of termination of the boundary is then published in the Compendium of the administrative acts of the prefecture by the Conservative.
When the owner of a building to register renounces, in agreement with the neighbouring owners, the terminal blockage, the owner shall notify, by registered letter with request for notice of receipt or re-entry against receipt, the owner of the property.
The letters of agreement of each riparian owner, who mention their names, names, quality and domicile are attached to this correspondence.
In the event of a waiver on the day of the locking operations, the owner of the building and the adjacent owners report it in a report prepared by the geometer in charge of the terminal.
The waiver is published by the Conservative in the Compendium of Administrative Proceedings of the Prefecture.
From the day of publication in the Compendium of Administrative Proceedings of the Prefecture of the Extract of the Requisition of Registration prescribed by Article 27 to the expiry of a period of one month from the date of publication to the same collection of the Notice of Termination, interested persons may intervene in the proceedings:
1° In contrast, in the event of a dispute over the existence or extent of the applicant's right of ownership or the boundaries of the building;
2° By application for registration, in case of high claims in respect of the exercise of a right referred to inArticle 2521 of the Civil Code, likely to be part of the property to be established.
Objections or applications for registration are made by registered letter with a request for a notice of receipt or against receipt addressed to the Conservative and transcribed by his care on the opposition register or by statements made at the time of the establishment of the notice of termination and also reproduced on that register. They contain the indication of the names, names, domiciles of the interveners, the causes of the intervention and the statement of the acts, titles or documents on which the intervention is based, under penalty of inadmissibility notified by the curator to the interested persons.
The opposition fee is paid in advance by the opponent.
In the case provided for in section 43, the time limit for filing an opposition or application for registration shall expire on the expiry of a period of three months following the publication in the Compendium of the administrative acts of the prefecture of the renunciation of the bounding operations.
Excluding the filing of the application for registration, the disputes directly affecting the building and the rights constitutions mentioned in theArticle 2521 of the Civil Code may only be filed or invoked by opposition or by the application for registration under the preceding article.
The Conservative shall promptly notify the appellant of the records of the opposition.
The appellant may, within two months of the expiry of the deadline for receipt of the objections, provide the Conservative with proof of release in the authentic form of oppositions and applications for registration, declare him to acquiesce or make him known of his refusal of acquiescence and the impossibility to obtain release. It pays in advance the same costs as those provided in section 44.
Upon the expiry of the period provided for in the preceding paragraph, after verifying the regularity of the request and the titles annexed thereto, the fulfilment of the requirements to ensure the publicity of the proceedings at the same time as the absence of objections or requests for registration in the register or the release in the authentic form was given or the applicant has acquired it, the preservative shall register the property to the building.
The property title includes the description of the building with the indication of its nature, situation, consistency, contenance, cadastral designation (section, plan number, lot number if applicable, placedit or address) and demarcations, the designation of the owner in accordance with the 1st of section 24 and the registration of the rights mentioned in theArticle 2521 of the Civil Code existing on the building.
In the case provided first paragraph of Article 2520 of the Civil Code, the court of first instance is seized by the transmission by the Conservative of the application for registration. The case is instructed and judged in accordance with the applicable rules on gracious matters.
An shipment, referred to by the judge, of the order issuing the registration, ordering the execution of additional formalities, requesting the production of additional justifications or rejecting the application, shall be forwarded to the Conservative immediately after the expiry of the appeal period if this remedy is not exercised. It is accompanied by the file and the non-call certificate.
In the case provided second paragraph of Article 2520 of the Civil Code, the Court of First Instance is seized by the transmission by the Conservative of the application for registration and oppositions or applications for registration.
The court continues to send a brief to the court to support their intervention within a maximum of one month. If the court fails to comply with this order within the specified time limit, it declares the non-agreement claim.
The intervener's memory contains all the means invoked by his author and is accompanied by the titles and documents on which they are based. The court invites the applicant to register to take note of the application to the Registry and to respond to it by a brief, as required, within one month.
The parties are notified of the date of the public hearing at least one month before the day of the public hearing. They may present their oral or written comments to the court, by themselves or by proxy, but only on the points developed in the submissions.
If the judgment is not appealed, the record of the case is returned to the Conservative by the Registrar of the Court of First Instance, immediately after the expiry of the appeal period provided for in section 51, with an expedition of the judgment referred to by the President and a certificate of non- appeal. The Conservative complies with the judgment to establish, where appropriate, the title of ownership, after rectification, as necessary, of the layout and plan.
The judgment shall be notified to the person requesting registration, to all parties and to the Conservative, by the Registrar of the Court of First Instance. The appeal period is two months from the notification of the judgment. The appeal is filed by a statement delivered or addressed to the Registry of the High Court of Appeal. The notice of appeal is notified by the Clerk to the Conservative.
Upon receipt of the file, the Registrar of the High Court of Appeal shall notify the parties concerned of the day the case is called and at least two weeks before the hearing date.
The appeal is judged on the record, the parties present or called. Discussions are limited to the points developed before the first judge.
The appellant is authorized, like each party in question, to produce all submissions and to provide, by himself or by proxy, the oral observations he or she considers useful.
The decision to appeal is notified, within eight days of its decision, by the Registrar of the High Court of Appeal:
1° All parties involved;
2° To the clerk of the court of first instance. The appellant, on the margins of the first instance decision, shall include an extract from the appeal decision;
3° To the Conservative, to whom a shipment of the order referred to by the President of the High Court of Appeal is forwarded with the file.
Judgments or judgments before saying right, including those ordering transportation to the premises or an investigation, shall be carried out within two months of delivery. Investigations or transport are decided within a further two-month period.
Notifications made to the parties concerned by magistrates, officials and ministerial officials in respect of registration shall be made at the costs of the applicants, to be taken by the Conservative on the provision filed in accordance with Article 22. A copy of the notification, receipts issued by the post office or receipts signed by interested persons are attached to the record of the proceedings.
The courts of Mayotte may request the communication of the land book, without charge or travel, in connection with the disputes before them.
Are attached to the request for registration on the land book of the rights mentioned in theArticle 2521 of the Civil Code authentic acts or judicial decisions relating to the facts, actions or conventions having the effect of constituting, transmitting, declaring, modifying or extinguishing any of these rights, changing the holder or modifying any condition of registration, as well as the leases, quitttances or acts of assignment mentioned in the 2nd of the same article.
Are considered as authentic within the meaning of the preceding paragraph the acts received by notaries operating in metropolitan departments and in overseas communities or in New Caledonia relating to rights mentioned inArticle 2521 of the Civil Code constituted in Mayotte.
All acts of the property seizure procedure related to the command shall be filed to be registered, including:
1° The Conservative's refusal to issue another command under theArticle 22 of Decree No. 2006-936 of 27 July 2006 relating to the procedures for the seizure and distribution of the price of a building;
2° The summons to appear at the orientation hearing and its denunciation to the creditors;
3° The orientation judgment;
4° The judgment prorogating the period of adjudication;
5° The formality of advertising of the act of amicable sale or the title of sale;
6° Publication of the judgment or order prescribing the deletion of registrations;
7° Radiation.
Dismemberments and mergers will change the title of ownership by registration.
The modification of the title of ownership by way of an assignment results from the registration of this assignment.
Authentic acts and judicial decisions are handed over or forwarded to the real estate conservation service.
They are certified in accordance with the minute or original by the applicant and are accompanied by the analytical slips prescribed in Article 7.
They are kept in the archives of the service and copies of their contents and the certain date of their deposit, in the sense of theArticle 1328 of the Civil Code, shall be issued, upon requisition, by the preservative, to the contracting parties or to the third parties under the conditions laid down in Article 15.
In the absence of the requirements set out in sections 60, 64, 65, 66, 67 and 68, the Conservative refuses registration.
If several originals, shipments or executing copies of the act are handed over to him, he shall retain only one copy and shall give the others to the interested parties after mentioning that the registration has been made.
The Conservative shall issue, at the request of the applicant for each document submitted, a receipt that reproduces the record of the deposits of the acts and documents and recalls the order number under which the mention was made.
The slip mentions, for natural persons, the names, names in the civil status order, domicile, date and place of birth and occupation of the holder of the right, as well as the indication of his legal capacity, the name of his spouse, the date of marriage, the adopted matrimonial regime, the date of the marriage contract, the names and residence of the authority, public officer or not, who received it.
The bordereau mentions, for legal persons:
1° The name;
2° Legal and headquarters forms. In the case of associations and trade unions, the bank must also include the date and place of their declaration or the deposit of their statutes;
3° When the corporation is registered in the local business directory, the identification number assigned to the corporation, or if it is subject to registration in the business and corporate register, the reference "CRS" followed by the name of the city where the registry is located;
4° The name, first name and domicile of the representative(s) of the legal person.
The identity of the parties to the act or judicial decision is certified by the signatory of the border. It's proven:
(a) If it is a natural person, by the production of the civil status acts mentioned in Title II of Book I of the Civil Code, Act of 25 July 1968 or established by the Civil Status Review Board established by the Part II of the above-mentioned Order of 8 March 2000 ;
(b) If these are legal persons, by the production of the documents identifying the names, legal form, seat and number provided by the 3rd of Article 65.
The signatory to the voucher mentions the document in support of which the identity is certified.
The act mentions the nature, location, capacity and cadastral designation (section, plan number, lot number if applicable, placedit or address) of buildings in accordance with a cadastral excerpt or according to the cadastral material.
A cadastral extract of less than six months is attached to the request to register a transfer by death, act or a translative, declarative, constituting or extinctive judicial decision of a right of property, usufruct, emphyteosis or area.
Where a division of the property of the land is realized or observed resulting in a change of limit, the authentic act or judicial decision shall designate the building as it existed before the division and each of the buildings resulting from that division, except in the case of a subdivision carried out under the subdivision laws applicable to Mayotte.
This designation is made in accordance with the denunciations of a cadastral file amending document.
The constitution on a fraction of a parcel of a right of usufruct, a right of land or an emphyteotic lease is considered a change of ownership limit.
When the deposited acts involve the division of a building, as a result of dismemberment or sharing, the parties shall deposit, together with the documents provided, an excerpt from the plan before change on which the limits of the Parcel(s) are to be subject to new properties by means of fragmentation, with indication of the length of the sides.
In all cases where acts deposited in the service of the conservation of the property for the purposes of registration require a prior topographic operation, they are registered on the land book before the execution of this transaction, on the written request of the parties or by the preservative, if it is seized with a new regular application for registration of interest to the building. In both cases, useful mentions are included in the land book subject to topographical transactions. These are subsequently mentioned, at the current date, on the margins or following the first registrations.
Where, without realizing or seeing a division of ownership of the land resulting in a change of limit, the act or judicial decision concerns one or more fractions of a building, it involves both the designation of these fractions and that of the whole building.
The designation of the fraction shall be made in accordance with a descriptive statement of division, or, possibly, to a amending state, previously registered. It shall include the number of the lot in which the fraction is included and the share in the property of the lot, subject to the exceptions set out in this section.
The same information must be included in any slip, extract, shipment or copy, filed for advertising in the land book.
The provisions of this Article shall not apply where the act or judicial decision relates to servitude, the right of use or residence or a lease of more than twelve years. They are also without application when the act or decision results in the deletion of the division of the building.
The descriptive state of division, as provided for in section 72, may be contained either in an act specially prepared for that purpose, or in a regulation of co-ownership or a notebook of charges concerning, in addition, the organization of collective management, or in any other act or judicial decision. A single descriptive state must be established when several buildings or groups of buildings that may be the subject of special co-ownership are built on a land that is wholly owned under the force of indivision.
The descriptive state must identify the building to which it applies, operate a batch division and assign a number to each lot.
A lot is formed by any fraction of a building on which to exercise or may exercise actual competing rights, including the share of the common parties, if it exists and if it is determined.
Constitutes a fraction within the meaning of Article 72:
(a) For buildings, each main premises (apartment, shop, commercial, professional or industrial use, etc.) and each secondary room (service room, cellar, garage, attic, etc.);
(b) For unbuilt land, each portion of land on which a private real right is reserved or each portion intended to be the subject of an inscription or mention on the margins of an inscription; in the latter case, the surplus of the building is also a fraction.
Each fraction must be identified by its location, itself determined by the description of its situation in the building or by reference to a plan or sketch annexed to the minute of the act or judicial decision, a copy of which is attached to the request. When the fraction of which is located in a building, its situation is defined by the indication of the staircase, the floor, the location on the floor and the indication of the building which is part of the premises described when the building includes several buildings.
The lots are the subject of a continuous numbering in a unique series from the unit. When the building is constituted by several buildings or buildings, the lots can be continuously numbered in successive series assigned to each building from numbers separated by suitable intervals.
The numbers for the new batches are taken following the existing numbers in the single series or in one of the successive series.
In any descriptive state of division established after the deletion of an earlier descriptive state, in any amending act of a descriptive state of division previously registered, in the case of division or meeting of existing condominiums, the batch numbering shall not resume any of the previously assigned numbers.
The descriptive statement is necessarily summarized in a table incorporated in the deed itself or annexed to it and comprising the following columns to the extent of the existence of the corresponding elements:
― lot number, in the growing order of numbers;
- building;
- stairway;
- floor;
- nature of the lot;
- share of common parties.
This table, which must be included in the application filed for the conservation of the real estate property, is reproduced on the land book of the lot base building(s) by the Conservative.
The request for the registration of a descriptive division state contains the designation of each of the created lots and associated ownership holders under the conditions of sections 64 and 65. The quality of the rights holder is justified in accordance with 2° of Article 24.
Any modification, either of the building to which the descriptive statement applies, or of the lots, must be found by an amendment of the descriptive state.
The amendment must correct, as appropriate, the designation of the entire building or the numbering of the lots.
If the amendment results from the acquisition of common parts resulting in a change of right-of-way, it is not necessary to create specific lots on the common parts acquired for the sole reason that they are encumbered with separate rights or are encumbered with no rights.
If the modification consists of a subdivision of a lot, the amending act assigns a new number to each part of the subdivided lot, which form as many separate lots. However, in the absence of the amendments to the meeting or division of existing condominiums, where the amendment relates only to the share of the common portions included in the batches concerned, a new number shall not be assigned.
The meeting of several lots to form a new lot can only result in the creation of a lot designated by a single number if the batches gathered are not encumbered, when the title of ownership, rights or different charges are changed in the land book.
The numbers for the new batches are taken following the existing numbers in the single series or in one of the successive series.
When the amendment notices the meeting or division of existing condominiums, the numbering of the new condominium(s) must not resume any of the previously assigned numbers.
The amending document is necessarily summarized in a table identical to that provided for in section 77 but limited to the amended lots and indicating in an additional column:
(a) In relation to each new batch, the numbers of the modified batches whose new batches are produced;
(b) And in view of the modified lots, the numbers of the new batches from the modification.
In the event of an amendment only relating to the share of common portions included in a lot of co-ownership and not giving rise to a new number, the table annexed to the amended document indicates only, in the additional column, the share now included in the amended lots.
In any case, the table must appear in the extract or shipment deposited at the conservation.
The request to amend the title of ownership, in respect of a descriptive division, contains the identification of the holders of the property of each of the created or modified lots, under the conditions set out in sections 64 and 65. The quality of the rights holder is justified in accordance with 2° of Article 24.
Where the division of the building is prior to the date of entry into force of this decree and has not been filed a document similar to the descriptive state of division allowing the precise identification of each fraction by a lot number, it shall be established and carried on the land book, before requisition of a new formality, a descriptive state taking into account the division as it results from the previous documents, including the subdivision or meeting
A descriptive statement of division must also be drawn up and referred to the land book when, in the document similar to the descriptive state of division, the same number was assigned to several different lots: a new numbering is carried out under the conditions set out in section 76, but without using any of the previously assigned numbers and without altering the division resulting from the document previously transcribed or published.
Where the document similar to the descriptive state of division allows the precise identification of each fraction of the building by a lot number but a subdivision or batch meeting has been carried out without modification of the title of ownership by a document similar to the amending act referred to in section 78, a amending act must be established and carried on the land book before requisitioning a new formality concerning the amended lots.
In the above cases, the designation of lots is necessarily summarized in a table identical to that prescribed by sections 77 and 78. This table also recalls, in the additional columns, in respect of each lot, the names and names or names of the current owner(s), supplemented by the number previously assigned in the original numbering whenever the descriptive division state substitutes a new numbering. The identity of current owners does not have to be justified.
A copy or excerpt, including at least the summary table, the descriptive state of division and any amending act, intended for the service of the cadastre, is given to the curator at the same time as the requisition.
The plan or sketch of the building and the batch division is annexed to it.
The batch numbers resulting from a descriptive statement of division or any similar document that changed the title of ownership, as well as the share of the common portions included in each lot, where the share is determined, are permanently assigned, subject to the application of sections 78 and 79.
These elements must be used to designate fractions of a building in all documents listed in the conservation of the property and in documents or cadastral excerpts.
However, the indication of the share of the common parties does not have to be included in any formalities relating to the commands to be seized and the registrations of privilege and mortgage. If this indication is provided, however, registration is expected not to be required on the quota.
The descriptive state of division shall be established by all the owners or co-owners of the building and the amendment shall be established by the sole owners or co-owners of the fractions interested in the amendment. Where applicable, the costs of establishing these acts are borne by the community of co-owners and recovered as in respect of property charges.
By derogation from the previous paragraph, where the title has not been annotated from a descriptive division or similar document, an interested person may require a notary to establish a notary for the purpose of listing an act or a decision concerning a fraction of a building.
Owners or their representatives are required to communicate to the notary any necessary documents or acts.
If one or more owners challenge the descriptive state so established, the notary completes the descriptive state, prior to requiring the modification of the title of ownership, by a record of the reservations of the opponents.
The foregoing provisions are applicable in the event of the assignment of the same lot number to several different lots, or where a subdivision or meeting has been operated without requisitioning to alter the title of ownership.
With respect to the registration procedures required without the assistance of the holder of the right, the designation of the fraction of the property concerned is made on the basis of a descriptive record prepared by a judicial officer and assigning a number to that fraction, where the descriptive state of division or similar document has not been previously registered or that its registration is not simultaneously required.
The same is true when the fraction of the property concerned was, after the registration of the document recognizing the applicant's right, either divided or partially reunited with another lot, without the inclusion of an amending act of the division.
In the event that the document to be entered is not a command to be seized, the judicial officer must be made by order on request of the president of the court of first instance; it can instrument under the conditions specified in theArticle 37 of Decree No. 2006-936 of 27 July 2006.
The number assigned in the descriptive report prepared by the judicial officer shall be served on the owner or the condominium trustee instead of the building. It is mandatory to designate the fraction, in the subsequent descriptive state of division on the land book and in all acts or decisions related to the seizure procedure, including the final award judgment.
The request is denied by the Conservative in the event of a breach of the provisions of articles 73 to 80, including:
where references to the property title of the seating building and the property title of the fraction are not included in the excerpts, shipments, copies or vouchers filed for registration for a fraction of the building;
- where the interested fraction is not designated by the lot number in which it is included;
where a discrepancy in the identification of lots (number) is found between, on the one hand, the statements contained in the document filed and, on the other, the corresponding statements contained in the table prepared pursuant to sections 77 and 78;
- where the descriptive state or amending act established pursuant to sections 77 and 78 uses previously assigned numbers;
where, pursuant to section 79, the descriptive state or amending act does not take into account the division or an earlier modification of the lots.
Any document filed for the conservation of the property for the purpose of registration must contain the references to the registration or pre-registration of the holder's title or the notarial certificate of transmission by death to his or her benefit.
If the title or attestation referred to in section 84 has not yet been entered, the document must specify that the registration will be required simultaneously.
For application of theArticle 2526 of the Civil Codeat the request of the Conservative, applicants are required, as appropriate, to specify in writing the nature, object, basis, scope and value of the right to be registered.
The registration of the rights of minors and protected adults is made at the request of their legal representatives.
Registration of rights covered by theArticle 2521 of the Civil Code indicate:
― for real estate, the owner;
- for the usufruct of buildings, use and housing, emphyteosis and surface area, owner and usufructier, user, emphyteo and superficiary;
- for land bondage, the fund used, on the title of ownership of the dominant fund, and reciprocally;
- for the former, the owner, the creditor and the amount of the debt;
- for leases over twelve years, the tenant and the annual lease price.
Registration fees are paid in advance by the applicant.
Any transmission or constitution by death of rights referred to inArticle 2521 of the Civil Code is recognized by a notarized certificate indicating compulsory acceptance of the terms and conditions of such acceptance by successive or legateees.
A rectificative certificate is issued, if any, including when the devolution is changed, or the successive exercise or modify their option after the advertisement of the notarized certificate. However, the registration of an act of disposition, by the successive ones, exempts them from establishing and registering a rectificative certificate.
The restitution clauses contained in the wills and the restrictions on the right to dispose of which may be affected by death transmissions, as well as all clauses likely to result in the revocation of the latter, are literally reproduced in the notarial certificate relating to encumbered buildings.
A notarized certificate is not established if a share of all hereditary buildings is drawn up and published within ten months of death.
The notarial certificate mentions, if any, the will, the judicial decision ordering the sending in possession, the certificate of issue of bequest or the judicial decision on the application for grant.
If the shipment in possession or grant of the bequest occurs after the registration of the notarial certificate, the successes are required to require the establishment of a rectificative certificate within six months of the judicial decision or the act, but only in the case where the hereditary devolution as revealed by the first certificate is amended.
When the devolution of estate rights, the hereditary real estate mass or the terms of the option, found in a previously published certificate, are amended, the successes are required to issue a proof of proof.
However, there is no rectificative certificate where, after the registration of a certificate indicating the absence of option or acceptance under inventory benefit, an act involving pure and simple acceptance under the terms of theArticle 778 of the Civil Code or a judicial decision recognizing the existence of such an act is entered on the land book.
When required by one of the successes to establish an act of notoriety, an inventory, a certificate of property or any other act concerning the devolution of a succession in whole or in part, the notaries inform the applicant of the obligation to record in a notarial certificate any transmission or constitution by death of real property rights. It is prohibited for notaries to establish such an act if it is not justified for them that the notarial certificate has been previously registered or if the applicant does not charge them, at the same time, to establish the certificate.
In all cases where a notarized certificate has been issued after death, heirs, legatees and donatees are exempted from indicating in the estate declaration forms the details of the buildings transmitted by approving a copy of the certificate to which they refer expressly.
The provisions of sections 90 and 91 apply:
1° The rights of the surviving spouse provided for in Chapter III of Title I of Book III of the Civil Code;
2° To rights transmissions referred to inArticle 2521 of the Civil Code resulting from donations made between spouses for the benefit of the survivor, either by marriage contract or during marriage;
3° To the powers of rights mentioned in theArticle 2521 of the Civil Code resulting, for the benefit of the survivor of the spouses, clauses of a marriage contract assigning each of them unequal shares in the community, in accordance with Articles 1520 et seq. of the same Code.
In the event of a requisition to register a command for the seizure of a property dependent on a succession against the successes of a deceased person or the subsequent adjudication judgment, the production of the notoriety act is not mandatory when the document intended to be retained by the property owner contains the identification elements of the deceased, as defined in section 66.
In this case, the registration is considered to be required against the deceased alone. The same applies to the registration of the required legal or judicial mortgages, on a property dependent on a succession, against the successes of a deceased person, where the notarial certificate of death transmission ― or the sharing taking place, pursuant to section 90 ― has not yet been entered.
Inscriptions under this chapter are required by the only deposit in the real estate property conservation service of vouchers established pursuant to Article 7.
These vouchers are signed and certified in accordance with each other.
The bordereau intended to be retained in the real estate conservation service is drafted in accordance with the provisions of Article 19.
The real estate owner refuses the registrations provided for in this chapter in contravention of the provisions of sections 94 and 95.
For the purposes of the provisions of sections 100, 104 and 111 relating to the duration of the registration effect, the Conservative who finds an irregularity in the declaration of the character of the maturity or the last maturity cannot refuse the registration for that reason.
If the extreme date of effect of the registration, fixed by the creditor, is after that of the expiration, as the case may be, of the period of one year, ten years or that of fifty years referred to in Articles 2434 and 2435 of the Civil Codeformality is denied.
The registration slips of privilege or mortgage begin with the following requisition, carried in capital letters of printing and specifying the nature of the security: " PRIVILÈGE INSCRIPTION (OR D'HYPOTHÈQUE)... AYANT EFFET JUSQU'AU... EST REQUIRED...".
They indicate, in a specially designed framework, whether or not the principal of the guaranteed obligation must be paid to one or more specified dates, after that of formality.
Regardless of the requisition and indication provided for in sections 98 and 99, the reference to certification of the identity of the parties, required by section 66, the certificate of conformity and the details that would be imposed by specific legislative or regulatory provisions, the slips may only contain:
1° The designation of the creditor and debtor in accordance with the provisions of articles 64 and 65;
2° The indication of the date and nature of the security or debt-generating title as well as the cause of the obligation guaranteed by the privilege or mortgage and, where applicable, the express mention of the refillable character of the mortgage and of the capital sum for which the mortgage may be assigned to the guarantee of other receivables as well as the mention of the clause providing that the mortgage creditor will become unpaid. If this is a notarial title, the editor's name and residence are specified. For registration required provisions of Article 2383 of the Civil Code and from 1° to 3°article 2400 of the same code, the vouchers state the cause and nature of the debt;
3° The indication of the capital of the receivable, its accessories and the expected date for its enforceability. In any event, the applicant must assess annuities, benefits and rights that are undetermined, contingent or conditional, without prejudice to the application of Articles 2444 and 2445 of the Civil Code for the benefit of the debtor; if the rights are contingent or conditional, they must summarise the event or condition of the existence of the debt. In the event that the receivable is accompanied by a re-evaluation clause, the registration must include the amount originating from the receivable and the re-evaluation clause. When the amount of the debt is not denominated in euros, the immediate indication of its counter-value in euros is determined according to the last exchange rate known on the date of the security or debt-generating security or debt-generating securities;
4° The designation, in accordance with the provisions of Article 67, of each building on which registration is required;
5° The indication of the date, volume and number under which the title of ownership of the debtor to the land book was entered;
6° The certification that the amounts on the voucher, that of the capital of the secured debt and, where applicable, that of the capital for which the mortgage may be assigned as collateral for other receivables, is not greater than those in the security or debt-generating title.
Pursuant to the 3rd of section 100, the accessories of the receivable, even if any, whose nature must be summarily indicated, are assessed by category or overall and their total amount is added to that of the principal of the receivable to determine the total of the secured amounts.
The assessment of interest that is retained by law is not mandatory.
If the debt is accompanied by a re-evaluation clause, it is satisfied with the wish of the law by the simple mention of the capital originating from the debt and the indication of the re-evaluation clause. In addition, the additional debt likely to result from the re-evaluation must be included in memory among the security funds for which the registration is required.
Failing to mention their rate, conventional interests are retained only within the limits of the legal rate; if their rate is variable, only must be specified, under penalty of refusal of formality, the original quantum, accompanied by the indication "variability provided for in the act".
The registration is refused if the bordereau requisitions several security rights or even one security right for several creditors or against several owners.
It is, however, possible to request a registration using a collective voucher for the benefit of several creditors or against several owners when it comes to solidarity creditors or solidary debtors, as long as a single extreme date of effect is given to the registration in execution of theArticle 2434 of the Civil Code.
Similarly, when it is agreed that a single mortgage will successively guarantee the reimbursement of a credit-replacement, then that of a loan or credit opening intended to allow the disinterest of the first creditor, the formality may be required by the filing of a common voucher to both creditors; in this case, the extreme date of effect of the single registration is fixed taking into account the maturity or last time limit for the second creditor's disinterest.
In addition, the same bank may require the registration of several security rights for the benefit of a single creditor and against a single owner if these security rights guarantee the fulfillment of a single obligation, provided that only one extreme date of effect is given to the registration in execution of the obligationArticle 2434 of the Civil Code.
Each slip bearing the inscription of an avender to a hypothec registered in the land book before March 25, 2006 begins with the following requisition, carried in capital letters: "HYPOTHÈQUE CONVENTIONNELLE RECHARGEABLE BY AVENANT EFFET JUSQU'AU...".
In addition to the requisition provided for in section 103 and the certificate of conformity, each slip contains:
1° The identification, in accordance with the provisions of sections 64 and 65, of the signatory of the avenor, owner of the building and constituting of the avenor's object mortgage. Identification is certified under the conditions provided for in Article 66;
2° The indication of the date, volume and number under which the listing of the object mortgage of the avenor was made and, where applicable, the registration of its renewals;
3° The indication of the extreme date of effect of the registration of the object mortgage of the avenor, taking into account, if any, its renewals;
4° The maximum sum, in capital, for which the mortgage may be assigned to the guarantee of other receivables and the certification that this amount is not greater than that in the avenor;
5° In the event of a change in the person or civil status of the creditor, his identification made in accordance with the provisions of sections 64 and 65, summarizing the causes and titles under which he became the holder of the debt. The identification of the creditor is certified under the conditions provided for in Article 66;
6° If the scope of the warranty is diminished by the registration of the avenor, the current designation of each remaining encumbered building, in accordance with the provisions of section 68;
7° Where applicable, the reference to the clause providing that the unpaid mortgage creditor will become the owner of the mortgaged building.
Registration is refused:
(a) If the voucher does not contain the mention of the certification of the identity of persons provided for in 1° and 5° of Article 104 and the designation of buildings made in accordance with the provisions of 6° of the same article;
(b) If the voucher does not contain the reference references to the last registration to be renewed and the initial registration provided for in 2° of Article 104;
(c) If the applicant's registration is required after expiry or cancellation of the listing of the avenor's object mortgage.
Each registration slip of a refillable conventional mortgage constituted by renunciation of a loaner's privilege registered in the land book before 20 February 2007 begins with the following requisition, carried in capital letters: "HYPOTHÈQUE CONVENTIONNELLE RECHARGEABLE, CONSTITUÉE PAR RENONCIATION À PRIVILÈGE DE PRÊT
In addition to the requisition provided for in section 106 and the certificate of conformity, each slip contains:
1° The identification, pursuant to sections 64 and 65, of the owner of the debtor building of the debtor property guaranteed by the privilege and signatory to the constitutive act of the mortgage by waiver of the lender's privilege of deniers. This identification is certified under the conditions provided for in Article 66;
2° The mention of the date, volume and number under which the registration of the privilege concerned by the act was made, and the registration of any renewals;
3° The extreme date of effect of the registration of privilege, taking into account its potential renewals;
4° The maximum sum in capital for which the mortgage may be assigned to the guarantee of other receivables and the certification that this sum is not greater than the capital of the privileged debt and the capital of the act;
5° If the extent of the pledge is diminished by the registration of the deed, the current designation of each remaining encumbered building in accordance with the provisions of section 67;
6° In the event of a change in the person or in the civil status of the creditor: his identification made in accordance with the provisions of sections 64 and 65, summarizing the causes and titles under which he became the holder of the debt. The identification of the creditor is certified under the conditions provided for in Article 66;
7° Where applicable, the clause providing that the unpaid mortgage creditor will become the owner of the mortgaged building.
The deposit is refused:
(a) If the voucher does not contain the mention of the certification of the identity of persons provided for in 1° and 6° of Article 107;
(b) If the voucher does not contain the mentions set out in the 2nd of Article 107;
(c) If the registration of the rechargeable mortgage by renunciation of the lender privilege of deniers is required after expiry or cancellation of the registration of that privilege.
In order to renew a registration of privilege or mortgage, the creditor does not have to represent the voucher stating the registration to renew.
Each of the vouchers begins with the following requisition, carried in capital letters of printing: "INSCRIPTION AYANT EFFET JUSQU'AU... IS REQUIRED IN RENEWING...".
It also indicates, in a specially developed framework, whether or not the principal of the guaranteed obligation must be paid to one or more specified dates after that of formality, in particular as a result of an extension of the time limit for the fulfilment of that obligation.
Regardless of the forecasts of section 110 and the certificate of conformity, each voucher may contain only the mention of the date, volume and number under which the registration to be renewed ― and, if applicable, the same mentions for successive registrations in renewal ― with the indication of the extreme date of effect extended, as the case may be, on the original voucher or on the last account
However, in the event of a change in the person or in the civil status of the creditor, in the event of a reduction of the debt or its accessories, of an amendment in the period of due diligence, the slips also mention:
1° The current creditor, summarizing the causes and titles under which he became the holder of the debt;
2° The capital of the receivable and its accessories retained by the registration in renewal, as well as the period of due diligence, except in the case that these changes or amendments were published in the form of margin statements, in accordance with theArticle 2430 of the Civil Code.
In addition, if the extent of the lease is diminished by the registration in renewal, the vouchers contain the current designation of each remaining encumbered building.
Renewal registration is refused:
1° If the voucher does not contain the reference to the last registration to be renewed;
2° If the renewal is required after expiry or cancellation of the registration to be renewed; in this case, the creditor may require a new registration to be registered on the date of renewal in accordance with the requirements of this chapter;
3° If the buildings are not individually designated, under the conditions provided for in section 68, with an indication of the municipality where they are located, in cases where the detailed designation is mandatory;
4° If there is no indication of the name and domicile of the person to whom the notification under section 118 is addressed, where the renewal slip does not have to include an identity certificate.
When a renewal is required, the Conservative shall promptly verify that the maximum effective date of the registration to be renewed, which is included in the submitted slips, is consistent with that in the land book.
For application of theArticle 2430 of the Civil Code, the identity of persons shall, in the event of change, be established in accordance with the provisions of Articles 64 and 65 and certified in accordance with the provisions of Article 66.
The designation of buildings shall be made in accordance with the provisions of section 70 if the modification referred to shall be limited to any part of them or in the event of a reduction of the lease.
In the event of non-compliance articles 2440 to 2448 of the Civil Code and section 115, the registration is refused.
The applicant's failure to comply with the requirements of this title results in the Conservative's refusal to enrol, delist, reduce or amend the registration of the right referred to in the application.
Apart from the cases provided for in sections 61, 100, 102, 105, 108, 113 and 116, the Preservative shall require the Grievor to make any necessary corrections to the acts or documents filed for registration or, where appropriate, to produce the additional justifications necessary for the required registration.
Registration is denied if the applicant does not execute within two months.
When the applicant submits the application, the Conservative decides on the application for registration in the light of the diligence performed.
The refusal of registration results in a reasoned decision by the Conservative.
In all cases, the Conservative's decision is notified to the Grievor. This notification, if any, mentions the list of corrections or additional justifications requested and the provisional provisional registration obtained by the applicant.
The notification is operated in accordance with Article 14.
The submission of any document referred to in the register of deposits pursuant to section 9 shall apply for provisional registration in the event of refusal. The validity period of this registration shall be two months from the receipt of the notification under the second paragraph of Article 118.
When the Grievor makes a request for rectification or justification within that time limit, the Conservative shall make a final registration to be held on the date of the filing of the preliminary registration of the act or judicial decision.
In the absence of rectification or justification at the expiry of this period, the deletion of the provisional provisional registration results from the registration on the land book of the final refusal decision.
Registration of the order of the presiding judge of the court of first instance, made upon request, shall be prenotation within the meaning of second paragraph of Article 2514 of the Civil Code.
When the application before the courts, for the cancellation or modification of the rights referred to in theArticle 2521 of the Civil Code The registration of the order referred to in the first prenotation of the law that is the subject of the dispute as of the day on which the application was registered was entered.
If the application has not been entered, the judgment has effect, in respect of third parties, only on the date of its registration and, in all cases, cannot be opposed to third parties registered in good faith.
The validity of subsequent registrations remains subject to judicial decision.
In case of refusal to register a right referred to in theArticle 2521 of the Civil Codethe appeal of the interested party against this refusal shall be brought before the President of the Court of First Instance.
The application is trained, educated and judged according to the fixed-to-day procedure.
The order passed in force of evidence shall be notified, without delay, to the Conservative, for any useful action, before the expiry of the period provided for in section 119, barely delisting prenotations or provisional registration.
The agency responsible for the implementation of the land policy defined by the departmental community of Mayotte notes, pursuant to thearticle 11 of Order No. 2005-870 of 28 July 2005, the appropriation of the Parcel subject to customary occupation after having delineated it and having identified its operator. The removal of the Parcel shall take place only after an adversarial procedure bringing together the operator's neighbours and, where appropriate, the Village Committee or the communal agents, the contents of which appear in a report.
The notice of the parcel survey and the certificate of recognition by the departmental community of Mayotte of the final property to the licensee that it designates are delivered together to the service of the conservation of the property for registration. The Conservative refers to this remission to the registries of the 3rd of Article 9.
The cadastral extract provided for in the 1st of Article 24 is established under the conditions provided for in articles 25 and 26 of the decree of 9 September 1993 referred to aboveunder penalty of refusal of registration.
After registration, the extract is filed on the building's file. A copy of the property title is transmitted to the cadastre department for cadastral conservation.
The cadastral extract provided for under Part II of this Order is established under the conditions provided for in articles 25 and 26 of the decree of 9 September 1993 referred to above.
The cadastral extract attached in support of a request for the registration of a descriptive state of division, an amendment or any other document referred to in sections 72 et seq. mentions the only parcels of joint ownership.
With regard specifically to acts or decisions relating to actual servitudes, the cadastral extract is produced for both the funds used and the dominant fund.
The cadastral extract and a copy of the analytical voucher referred to in section 7 shall be delivered to the cadastral service after registration.
In the event of a change of ownership limit, the cadastral extract given to the Conservative mentions the cadastral designations of the property islets or plots before and after the change of limit.
The amending document of the cadastral parcel remains annexed thereto.
Where the act or judicial decision relates to a building that has been the subject of a subdivision within the meaning of theArticle L. 442-1 of the urban planning code, cadastral designations of the extract are limited to the lot that the act or judicial decision concerns. A cadastral number is assigned to each lot as soon as the first batch is disposed of, when the survey document established on the occasion of this alienation finds the division of the entire subdivision in which the viability work is carried out.
A survey document is not required at subsequent disposal, if the excerpt is marked by a statement by the editor of the act certifying that the lot concerned, as a result of a survey document already produced, has not undergone any modification.
The modifications made by the cadastre service in the numbering of the islets of property or plots as a result of the changes that this service is authorized to determine ex officio are notified to the real estate owner's preserver for modification of the title of property, in the form of minutes of which the model and the conditions of establishment are arrested by the Chief Tax Officer. These minutes are certified by the cadastre department.
Administrative decisions concerning specific buildings are included in the land book, for the information of their users, and are intended to limit the exercise of the right of ownership or derogation from public utility servitudes.
These include:
1° Allowances issued under the provisions of the urban planning code applicable to Mayotte;
2° Orders pronouncing the prohibition of living under the provisions of the Public Health Code applicable to Mayotte.
The advertisement is ensured by the deposit in the service of the conservation of the property of two amplitudes of the decrees, decrees or decisions of which one must include the mention of the identity of the parties.
The property conservation service succeeds in the service of the conservation of the property.
In all the regulations, including the above-mentioned decree of 9 September 1993, references to the service of the conservation of the property are replaced by references to the service of the conservation of the property and references to the provisions of the decree of 4 February 1911 organizing the land system in Madagascar and made applicable to Mayotte by the decree of 9 June 1931 are replaced by references to title IV of Book V of the Civil Code.
Article 167 of the above-mentioned Decree of 27 July 2006 is amended as follows:
I. ― It is inserted an I before the words: "For their application to Mayotte".
II. ― At 8° of I, the words: "book of land" are replaced by the words: "registration of deposits of acts and documents to be produced".
III.-The article is supplemented by a II as follows:
“II. ― Authorization referred to in second paragraph of Article 2533 of the Civil Code is made by order on request. It means the building(s) that is the subject of prosecution. »
The first application for registration, made from the date of entry into force of this Order, concerning an immovable already registered on that date, indicates the number of the title of ownership as it was the result of the previously applicable legislation.
The requesting owner also produces the duplicate of the title in his possession to the owner of the real estate that ensures its destruction.
The title of ownership to which the registration of an immovable whose application, formed before January 1, 2008, is being instructed on the date of entry into force of this decree is that defined in section 47.
Requests for registration or registration that have given rise to a deposit of certificates and documents in the service of the conservation of the property as of 1 January 2008 shall be instructed in accordance with the provisions of this Decree.
These same requests give rise to the application of the second paragraph of Article 117 when the deposit occurred before the date of entry into force of this decree; they are ranked on the filing date.
For the application of Article 27 to these requests, the words: "On receipt of the request" are replaced by the words: "Once this Order comes into force".
The deadline for the preserver of the real estate property to complete the publication formalities relating to real estate seizures that were seized between 1 January 2008 and the date of entry into force of this decree is suspended until that last date.
The Minister of the Interior, the Overseas and Territorial Communities, the Seal Guard, the Minister of Justice, the Minister of Budget, Public Accounts and the Public Service and the Secretary of State responsible for the Overseas are responsible, each with regard to it, for the implementation of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, October 23, 2008.
François Fillon
By the Prime Minister:
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
The Seal Guard, Minister of Justice,
Rachida Dati
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
loaded with the overseas,
Yves Jégo
