Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Justice and Freedoms,
Given the civil code, including its articles 543, 858, 882, 951, 952, 1048 and 1049, 1316-4, 1659, 2434 to 2439 ;
Given the trade code, including its articles L. 526-1 and R. 123-220 ;
Given the construction and housing code, including its article L. 351-2 ;
Given the environmental code, including its article L. 215-2 ;
Given the general code of public ownership, including its Articles L. 2122-5 to L. 2122-19 ;
Given the code of the judicial organization, including its articles D. 223-3 to D. 223-9 ;
Considering the Civil Procedure Code, including its annex on the application of the code in the departments of Bas-Rhin, Haut-Rhin and Moselle;
Considering the amended local law of March 31, 1884 concerning the renewal of the cadastre, the equalization of the land tax and the conservation of the cadastre;
Vu la Act of 1 June 1924 Amending the implementation of French civil law in the departments of Bas-Rhin, Haut-Rhin and Moselle, including Chapter III of Title II;
Vu la Act No. 76-519 of 15 June 1976 relating to certain forms of debt transmission;
In light of Act No. 78-17 of 6 January 1978 amended on computers, files and freedoms, including its articles 39 and 40 ;
In light of amended Act No. 2002-306 of 4 March 2002 on the reform of the Act of 1 June 1924 bringing into force French civil law in the departments of Bas-Rhin, Haut-Rhin and Moselle, including its articles 2 to 8 ;
Vu le Decree of 18 November 1924 amended on the holding of the land book in the departments of Bas-Rhin, Haut-Rhin and Moselle;
Vu le Decree of 14 January 1927 supplementing the decree of 18 November 1924 concerning the holding of the land book in the departments of the Haut-Rhin, Bas-Rhin and Moselle;
Vu le Decree No. 55-1350 of 14 October 1955 for the application of Decree No. 55-22 of 4 January 1955 reforming land advertising, including article 73;
Vu le Decree No. 2001-272 of 30 March 2001 taken for application ofArticle 1316-4 of the Civil Code and relating to electronic signature;
Vu le Decree No. 2007-1852 of 26 December 2007 relating to the public establishment of the computerized book of Alsace-Moselle;
In view of the deliberation of the National Commission on Informatics and Freedoms of 11 June 2009;
The State Council (inland section) heard,
Decrete:
The courts set out in table XIII of the code of the judicial organization meet the land office under the conditions provided by the same code.
Each commune forms a land exchange. However, if the administration of the cadastre has established for some parts of a municipality of the separate section states, each party forms a land exchange.
Data from the land book and the repository register
The data from the land book and the repository register are collected, recorded and modified using automated personal data processing.
The land book data are listed in Appendix 1. They are ranked according to the following entries:
1° Property rights:
(a) The plot;
(b) Co-ownership;
(c) The condominium lot;
(d) The whole property outside the condominium regime;
(e) The part of a real estate package outside the condominium regime;
2° Persons with rights:
(a) The physical person;
(b) The moral person;
3° The rights:
(a) The right to property;
(b) Area and depth;
(c) Emphytéosis and the building lease;
(d) Usufruct established by the will of the man or by the option of the surviving spouse;
(e) The real right resulting from a title of occupation of the public domain of the State or a public institution of the State issued pursuant to articles L. 2122-5 to L. 2122-18 of the general code of ownership of public persons;
4° The charges on a building:
(a) Land servitudes established by the fact of man and any servitude whose land advertising is provided for only inopposability;
(b) Forced indivision resulting from an act between live or because of death or a judicial decision;
5° Charges on a right:
(a) Privileges and mortgages;
(b) Other charges:
- any real right conferred by a lease of more than twelve years other than emphytéosis and the building lease;
use;
― housing;
land benefits;
- the right of the tenant and the farmer in the event of a lease of more than twelve years;
– real estate gage;
― the restrictions on the right to dispose inserted in an act of alienation or arising out of any other act, such as the promise of sale, bequest or gift under condition or with charge of restitution under articles 1048 and 1049 of the Civil Code, the right of return conventionally provided for in articles 951 and 952 of the Civil Code, the right of compensation provided for by the Civil CodeArticle 1659 of the Civil Code ;
– restrictions on the right to dispose of resulting from all judicial decisions, such as the forced enforcement decision, the decision of forced administration or the judgment ordering the sale in the context of the personal recovery procedure;
- the advance payment or transfer of an amount equal to at least three years of unleashed rent or closing;
the right to resolution of a synallagmatic contract;
the right to revocation of a donation;
- the right to the in-kind report of a donation, provided for in the second paragraph of Article 858 of the Civil Code;
- the prenotation of a right;
- the housing assistance agreements provided for in Article L. 351-2 of the Construction and Housing Code;
― the declaration of instability provided for in Article L. 526-1 of the Commercial Code;
– all rights and restrictions on the right to dispose of which advertising is limited to inopposability;
6° The rank;
7° Any mentions whose advertisements are only expected to be inadmissible:
Applications to obtain the resolution, revocation, cancellation or rescidivism of a convention or provision for death;
8° Information mentions:
On an immovable: the administrative limitations to the right of ownership and the derogations to these limitations provided for in Article 73 of the Decree of 14 October 1955, as well as any other administrative limitation, which is provided for by law or by regulations for the purpose of information of the users.
The repository register data is listed in Appendix 2.
Consultation and issuance of copies of data from the land book, data from the repository register and annexes
Any person may freely consult the land book and the register of deposits on one or more buildings determined to determine whether any data relating to these buildings are recorded in a municipality within the jurisdiction of a land office.
It may then be aware of these data by requesting a copy.
Effective January 1, 2010, individuals subject to the identification and authentication procedures set out in sections 13 to 16 or those who have paid online the royalty set by the board of the public operating establishment of the Alsace-Moselle Land Book may immediately visualize and print these data. This impression refers to "document issued as simple information".
In the jurisdiction of a land office, notaries, geometers-experts, judicial officers, lawyers, state officials, territorial authorities and their public intercommunal cooperation institutions, as well as persons with enforceable title and persons authorized by the judge or the holder of the law within the meaning of theArticle 543 of the Civil Code may refer to the land book and the register of the chief of one or more individually designated individuals to determine whether any data relating to them are recorded.
They can then read these data by requesting a copy.
Effective January 1, 2010, individuals subject to the identification and authentication procedures set out in sections 13 to 16 may immediately visualize and print these data. This impression refers to "document issued as simple information".
In the jurisdiction of a land office, the consultation of the data of the land book and of the repository register can be conducted using a navigation process that allows, through successively selected links, access to all data relating to buildings and individuals and create a request for standardized electronic registration.
This method of consultation is open to notaries and geometers-experts for the exercise of activities related to their monopoly, judicial officers for the execution of an enforceable title as well as to the State, territorial authorities and their public institutions of intercommunal cooperation for the establishment of acts concerning real property rights.
Land Book Officers, Land Book Service Auditors and magistrates may consult the Land Book and the Land Registry data for the purposes of their duties as provided for in sections 6 to 8.
The consultation of the data of the land book and those of the register of deposits by magistrates, state officials, agents of the territorial authorities and their public institutions of intercommunal cooperation is free of charge.
The judicial authorization provided for in Article 7 shall be issued upon request by the judge of the land book of the location of the building.
The refusal of authorization may be contested upon request to the first president of the Court of Appeal within fifteen days of notification of refusal.
Where the authorization is issued by the holder of the right within the meaning of section 543 of the Civil Code, the application for consultation shall be accompanied by the certificate of authorization. It contains the names, names, date and place of birth and the address of its author. It is signed, dated and specifies the duration of its validity. It contains in an annex, in original or in a photocopy, any official document justifying the identity of the author and bearing his signature.
To consult the data of the land book and those of the register of deposits in accordance with the terms and conditions set out in Articles 7 and 8, each notary, geo-expert or judicial officer submits a request for registration, for himself and for persons under his authority, to the Director General of the public establishment of the computerized land book of Alsace-Moselle, respectively by the notary of the president of the nationals
To this end, the identification and authentication of persons concerned shall be carried out by the technical means recognized by the public establishment.
The president of the departmental chamber of notaries, the president of the regional council of the order of the geometers-experts, the president of the departmental chamber of judicial officers and the president of the similar professional body shall bring to the attention of the director general of the public institution any change in the professional situation of the registered persons.
To consult the data of the land book and those of the repository register in accordance with the terms and conditions set out in Articles 7 and 8, the State, each territorial community and each public intercommunal cooperation institution shall submit to the Director General of the public establishment of the computerized land book of Alsace-Moselle the list of persons under their respective authority, of whom they request registration.
To this end, the identification and authentication of persons concerned shall be carried out by the technical means recognized by the public establishment.
The public person who requested the registration shall notify the Director General of the public establishment of any changes in the professional situation of registered agents.
To consult the data of the land book and those of the register of deposits in accordance with the terms and conditions set out in Article 7, each lawyer may apply for registration, for himself and for persons under his authority, to the Director General of the public establishment for the operation of the computerized land book of Alsace-Moselle, by means of the sticker of the order or the president of any similar professional body for European nationals.
To this end, the identification and authentication of persons concerned shall be carried out by the technical means recognized by the public establishment.
The Bar Association and the President of the similar professional body shall bring to the attention of the Director General of the public institution any changes in the professional situation of the registered persons.
To consult the data of the land book and those of the register of deposits in accordance with the terms and conditions set out in section 9, the first president of the court of appeal in the jurisdiction of which the agents of the land book service, the auditors of the land book service and the magistrates exercise their functions, shall forward to the Director General of the public establishment of the computerized land book of Alsace-Moselle the list of persons to which he requests the registration.
To this end, the identification and authentication of persons concerned shall be carried out by the technical means recognized by the public establishment.
The first president of the Court of Appeal shall bring to the attention of the Director General of the Public Institution any changes in the professional situation of registered persons.
Notaries, geometers-experts, judicial officers, lawyers, state officials, territorial authorities and their public institutions of intercommunal cooperation, duly registered or justified in their quality, may consult the annexes. The same applies to any person with an enforceable title and to persons authorized by the judge or by the holder of the right within the meaning of section 543 of the Civil Code.
The consultation is carried out by the issuance of a copy of the annexes requested for consultation.
For monopoly activities, notaries and duly registered geometers of experts may use the navigation process described in the first paragraph of Article 8 to consult the annexes retained in electronic form.
For the establishment of real property rights acts, duly registered agents of the State, territorial authorities and their public intercommunal cooperation institutions may use the navigation process free of charge.
Land Book officers, land book auditors and magistrates may consult freely for the purposes of their duties, including as provided for in Article 8.
The judicial authorization provided for in Article 17 shall be issued upon request by the judge of the land book of the location of the building.
The refusal of authorization may be contested upon request to the first president of the Court of Appeal within fifteen days of notification of refusal.
In the event of an authorization of the holder of the right within the meaning of section 543 of the Civil Code, the application for consultation shall be accompanied by an authorization that meets the conditions set out in section 12.
The request for a copy of the data of the land book, the data of the repository register and the annexes is either filed or sent by mail to the land office registry of the land site of the building or by entering the information in an interactive form accessible via the internet.
The Clerk shall verify, before issuing the copy, that the applicant meets the requirements to consult the data.
Disputes are decided by the Land Book Judge.
The application for the purpose of issuing a copy includes the applicant's name, first name and address and, as the case may be, the cadastral designation, the identity of the holder of the law or the number of the schedule. It shall be accompanied by any documentation to verify the requirements.
The issuance of a copy to magistrates, state officials, local authorities and their public intercommunal cooperation institutions is free of charge.
The copy issued by the Registry is dated and signed by the Registrar who authenticates the data and certifies it in accordance with the database.
The date of extraction of the database is indicated in day, hour and minute.
The certification is carried out either by hand-written signature in case of paper or by electronic signature in case of electronic mailing.
The copy indicates the up-to-date registrations as well as the references to the pending requests relating to the requested building.
Copies issued by the public establishment of the Alsace-Moselle Land Book without a Clerk's certification shall each be marked "issued as simple information".
Any copy shall be delivered or transmitted by mail or electronically to the address indicated in the application.
E-mail is subject to express consent from the recipient.
The technical processes used ensure, under conditions fixed by order of the seal guard, Minister of Justice, the reliability of the shipper's identification, the integrity of the documents sent, the preservation of the transmissions operated and allow for a certain date of shipment.
The buildings are identified by their cadastral designation.
The buildings not yet registered in the land book are designated by section and number of the cadastre, placedit, contenance and nature of the crops.
The buildings that are only a fraction of a parcel of the old cadastre and carry the same number are designated by the addition to the number of a letter.
In the event of the first registration of the property of a building, an extract of the cadastral matrix is produced with the request.
When necessary to identify a building or part of a building or to specify the extent of a right, the applicant produces a sketch or plan prepared by a geometer, certified by the cadastre controller.
The siege of buildings subject to the co-ownership regime of built buildings is registered on behalf of the same law holder and subject to the same legal regime. The registration of the property of the soil is replaced by the registration of the lot. It mentions the nature and number of the lot, the share of the common parts related to this lot, with reference to the co-ownership regulations, the descriptive state of division and the floor outline.
In the event of the registration or modification of a condominium, a sketch registered by the cadastre service is produced with the request indicating the situation of the building and the distribution of the premises or the modification occurring.
Public domain buildings and their transfers between public persons are exempted from the registration of the land book unless the registration is requested by the public owner.
If the registration of a right on a public domain building is required, it mentions the nature of the right.
A property may be reunited with another property if the buildings are located in the same land district, owned by the same rights holder and are not encumbered with different rights or charges.
However, an immovable encumbered with a land servitude, a right of use or a right of residence or a land benefit may be brought together to another, except if confusion arises.
When a part of a building must be encumbered with a real right, the building is divided for the purposes of land advertising.
If the real law consists of land servitude, a right of use or residence or land benefits, this division is only required to prevent confusion.
The registration of a building in the land book includes the adjoining of a wall under the conditions prescribed by theArticle 653 of the Civil Code without mentioning it.
Similarly, when the adjoining of a separative wall and half of the ground on which it is built, the property of half of the ground is entered without mention of the adjoining.
The effects of an inscription to the land book relating to a waterfront building of a non-inland watercourse, or buoyable, extend, unless otherwise prescribed or stipulated, to the portion of the bed of the watercourse whose property is attributed to the riversider under Article L. 215-2 of the environmental code even if this portion is not indicated in the land book.
In the event of otherwise stipulation, the land is referred to the land book under a survey document or sketch prepared by the cadastre service.
Any common property acquired under the benefit of an increment clause is entered separately.
The registration specifies, if any, whether the right is in community or in acquest society and if so, the names and names of the right holders.
The forced indivision building that depends on another building to which it is attached is described with the main building on which the ownership or dismemberment is carried.
When an indivis owner is alienated or mortgaged his or her share of property or his or her share in an indivision comprising an immovable, the registration of the new owner or creditor produces, in respect of the co-sharing, the effects of the opposition provided for by theArticle 882 of the Civil Code.
Land servitudes on the hand-held building are mentioned with the inscription of the dominant building.
This statement shall be corrected on an ex officio basis if the registration is amended or terminated.
The right of the owner of the surface of a building to a drastic royalty, due by the concessionaire of a mine, is mentioned at the request of the administration of the mines to the registration of the beneficiary building.
The retention of the designated privilege to theArticle 49 of the Act of 1 June 1924, by registration of the first minutes, is operated by a prenotation. The rank provided by the report covers the costs of carrying out the planned work and the costs of expertise, which are indicated in the minutes for their maximum estimate.
After the submission of the first minutes of receipt of the work and a voucher indicating the amount of the amount due if it is not already established by the minutes, the prenotation shall ensure the privilege to the amount due, within the limit of the amount guaranteed by the prenotation and the surplus-value resulting from the two minutes. If a surplus is guaranteed by prenotation, it is removed ex officio.
In the event of the transfer of ownership of an immovable by forced execution, where the auction price has not been paid or recorded, the notary responsible for the award requires the registration of privilege to the benefit of the prior owner.
After the final closure of the collocation state, the notary requires the cancellation of the registration of the privilege with the consent of the bonded creditors, under the conditions prescribed by the first paragraph of theArticle 64 of the Act of 1 June 1924.
When a mortgage debt has been subject to an enforceable copy of the debt under the conditions provided by the Act of 15 June 1976, the cancellation of the mortgage attached to this debt is effected under the conditions provided for in section 10 of this Act.
The registration of a mortgage or privilege contains, in addition to the name, surnames, occupation and domicile of the creditor, the designation of the right, cause, nature and capital of the debt, its accessories and the date of due diligence.
In the event of any or conditional rights, the event or condition of the existence of the debt is summarized.
Registration may, if necessary, refer to the content of the act or judicial decision justifying the registration required to indicate the cause, nature and maturity of the principal receivable and accessories as well as its conditions of payment.
The registration of any other right, in addition to the designation of its holder, sets out the nature and content of the law. Reference may be made to the act under which registration is requested to specify the content of the law.
The procedure for registering a reference under Article 8 shall be governed by the rules applicable to the registration procedure of a right.
The registration also mentions the name and service of the interested administration and the legislative or regulatory text under which it is requested.
The registration of a prenotation may be effected, under the conditions provided by theArticle 39 of the Act of 1 June 1924in order to ensure the rank of a future or conditional right.
When applyingArticle 63 of the Act, the prenotation shall be effected for the purpose of ensuring the rank of a lien or a mortgage, the effect of the registration shall cease at the expiry of the period calculated under sections 2434 to 2437 of the Civil Code, if no renewal occurs before the expiry of the Civil Code.
For rights other than privileges and mortgages, the applicant states in his application the extreme date of effect of the registration whose duration may not exceed ten years except renewal.
In support of the application submitted pursuant toArticle 44-1 of the Act of 1 June 1924, the applicant shall attach all supporting documents relating to the property and its possession, such as titles, certificates of witnesses, a certificate issued by the mayor of the municipality of the location of the building, acts of notoriety, an excerpt from the cadastre or notices of taxation.
When the property is not yet registered in the land book, the Land Book Judge orders its registration on behalf of the applicant after finding the acquisition of the property by prescription or accession.
When the building is already registered in the land book under the identity of another holder, the request is communicated, for investigation and notice, by the Land Book Judge to the Attorney of the Republic of his jurisdiction.
The Land Book Judge sets a time limit for the holder of the registered right or his or her heirs, if known, to present their comments. The Registrar of the Land Book Office shall notify them by registered letter with a request for notice of receipt of the request by mentioning this deadline.
Where the current address of the registered owner or the address of his or her heirs is not known or when the notification letter has not been given to his or her recipient, the land book judge may, depending on the value and situation of the building, order the posting of a notice to the office of land seized of the request and its publication, at the expense of the applicant, in one of the legal advertisement logs of the department of the situation.
The judge may, under the same conditions, order that the notice be posted instead of the notice referred to in the municipalities of the situation of the property and the last known domicile of the holder of the right registered in the land book.
The notice states:
1° The date of filing of the request for registration of the property;
2° The object of the request;
3° The name of the owner of the building registered in the land book;
4° The name of the applicant and his agent and the professional residence of the latter;
5° The designation of the registered building;
6° The indication of the land office seized of the request.
The Judge of the Land Book shall rule in the light of the opinion of the Public Prosecutor and any comments made by the holder of the registered law or his heirs. If he or she has ordered advertising, he or she can only make his or her order six months after the date on which the last of these measures took place.
The reference to the land book of the decision ordering the registration shall deny the rights of the registered holder.
Requests addressed to the land office by a public person are exempted from legalization provided that they are duly identified under the conditions provided by theArticle 1316-4 of the Civil Code.
Requests for withdrawal of a request for registration or the revocation of a given power of attorney are established in the authentic form or are authentically legalized.
However, this requirement is not required for applications submitted by a notary, a lawyer, a judicial officer or an expert geometer, provided that they are duly identified under the conditions provided for in article 1316-4 of the Civil Code.
The consent to the registration of a prenotation under section 39 of the Act of 1 June 1924 can only be given in the authentic form or if the signatures of the parties are authentically legalized.
Unless otherwise provided by law, the act is authentic or authentically legalised:
1° Power of attorney to pass a contract relating to the transmission or attribution of ownership of a building or to establish or transmit other rights and restrictions to the right to dispose referred to in theArticle 38 of the Act of 1 June 1924 ;
2° The power of attorney to consent to the registration of a prenotation in accordance with section 39 of the Act or to submit to the forced execution or to give up a registration.
Proxies given by public persons are exempted from legalization.
Notarial acts with the purpose of delisting privileges and mortgages may be granted in patent even if they contain no claim.
The authentic legalization of signature is received by a notary. Legalization takes place only if the signature is given or recognized in the presence of the notary or an authorized cleric.
By derogation from section 56, the cadastre controllers have jurisdiction to legalize the requests of the owners, regardless of any transfer of ownership, to the meeting or division of plots.
Changes to the land book that do not result in any changes to the registered rights may be made on its own.
The registration of a right subject to publicity shall take place only upon request made by the licensee. This licensee is identified under the conditions provided by theArticle 1316-4 of the Civil Code.
The holder of a right whose registration is subject to the prior registration of the author's or the owner's right may require the registration of the author.
Anyone who has obtained the shipment in possession in the cases provided by law may apply for the registration of his right to the land book.
Subject to the provisions for the sharing and sale of buildings by articles 22 and 44 of the annex to the Civil Procedure Code, anyone who requires registration as an agent is required to justify his or her mandate by the presentation of a power of attorney received in the authentic or authentically legalized form. However, notaries and lawyers are provided.
As soon as it is not admissible, the application for registration shall be limited to a single authentic act that determines one or more legal transactions and shall be established on the paper or electronic form provided for in section 76 in accordance with a model established by order of the Seal Guard, Minister of Justice.
The request is accompanied by the acts and other supporting documents of the requested registration as well as an excerpt of act intended for the updating of the cadastre. These documents are paper or electronic.
If the request has been filed electronically, the Land Book Judge may request the communication of the original documents on paper.
A request for registration is inadmissible.
Any document related to an earlier request contains the necessary references to the identification of the latter.
Any mention of a sum of money in the land book is made in euros or accompanied by an evaluation in euros.
The natural person is designated by his or her name and name in the civil status, date and place of birth and domicile.
The home category is only to be used by the Land Book Judge and by the Land Book Officers for the identification of the individual and the notification of decisions and registrations.
The legal entity is designated by its name, legal form and head office.
For associations and trade unions, the date and place of registration or declaration or the deposit of their statutes are indicated. For foundations, the approval or recognition decision is indicated. In the absence of a legal personality of associations, unions and foundations, is indicated the date of the constitutive act.
When the corporation is registered in the registry provided by theArticle R. 123-220 of the Commercial Code, the application mentions the identity number assigned to it, completed, if it is subject to registration in the trade and corporate register, by the mention of this registry followed by the name of the city where the registry is located to which it is registered.
When the building has no cadastral designation, the applicant shall proceed with his cadastral numbering.
The request contains the indication of the right to be registered.
The application for the registration of a mortgage or privilege indicates the amount of the debt and the interest if it is a fixed receivable or an assessment of the principal, interest and expenses if it is an indeterminate receivable. In the presence of a variable interest rate, the indication "contract variability" must be specified.
Where applicable, the request refers to whether the debt is in order as well as the re-evaluation clause attached to it or the rechargeable character of the mortgage.
It indicates the extreme date of effect of the requested registration.
In order to allow for the verification of the rights subject to registration under section 46 of the Act of 1 June 1924, the matrimonial regime of a person holding a right subject to registration shall be established by the production of a copy of his or her marriage contract or of the act relating to the change of matrimonial regime, an expedition of the separation of body or separation of judicial property or the judgment of the approval of the change of marital regime, together withArticle 1444 of the Civil Code.
For the registration of a right to the land book, the inheritance rights of heirs or irregular successors and the institution of universal or universal legataries can only be proved by means of a certificate of heir.
The institution of the legatees in a particular capacity is proved by the production of the will or a certificate of heir that mentions the bequest in a particular capacity.
In cases where the law prescribes the sending by the court or the issue of the bequest by the heirs or universal legataries, it is up to the person entitled to justify the sending in possession or consent of the heirs or universal legataries authorized to issue. When, in accordance with Articles 1006 and 1008 of the Civil Code, sending in possession is not required, the production of the authentic will suffice.
The above provisions also apply to donations made for survival by marriage contract or between spouses.
The proof of heir quality is reported in accordance with Articles 730 et seq. of the Civil Code for the open successions outside the departments of Bas-Rhin, Haut-Rhin and Moselle.
The registration of the right to the report in kind of buildings being donated is made at the request of the donor or, after his death, at the request of the heirs. By derogation from section 74, heirs may justify this right by any means.
The right to revocation of a donation for ingratitude cannot be registered.
Publication of the revocation application under theArticle 958 of the Civil Code is carried out in the departments of Bas-Rhin, Haut-Rhin and Moselle according to the provisions of section 38-4 of the law of 1 June 1924.
The land office is seized by an electronic or paper-based request or by mail.
An electronic request shall be considered to be any request that, from persons who have been the subject of the identification and authentication procedure provided for in Articles 13 to 15, is automatically incorporated into the data management system of the land book because:
1° Either from the production module of the standard registration request of this system.
2° Its transmission to this system electronically in a format and technical terms approved by the public establishment of the computerized land book.
Electronic applications other than those created through the navigation process provided for in Article 8 may be filed as of January 1, 2010.
The filing of the request shall result in the establishment of a notice indicating the date, time and minute of the filing and the request identification number.
The notice shall be made available electronically in the event of the filing of an electronic request or upon request, by the Registrar, in the event of a request made or sent by mail to the Registry of the Land Office.
The technical processes used ensure, under conditions fixed by order of the seal guard, Minister of Justice, the reliability of the identification of the applicant and the land office, the integrity of the documents sent, the security and confidentiality of the exchanges, the preservation of the transmissions carried out and allow for a certain determination of the date of shipment and the date of receipt by the recipient.
The filing date is that assigned by computer timekeeping that takes place either automatically in the event of electronic mailing within the meaning of section 76, or upon intervention by the clerk in the event of a request filed or sent by mail.
A paper-based request that reaches the land office outside of the statutory hours of service or during the closing periods of the land office is considered to be submitted at the beginning of the next resumed service.
Paper-format queries that reach the land office by the same mail are considered to be submitted simultaneously.
In the event of a temporary closure of a land office, applications may be submitted to the Registry Director of the court of proceedings under the land office. The Registry Director conducts the computerized request schedule on behalf of the closed land office.
For each land office, a repository register is maintained which sets the date, rank and legal effect of the rights and records to be entered.
The repository register contains the information necessary to identify requests and their authors.
Any document filed is registered with the date, time and minute of its filing and assigned an identification number.
The date of registration, as a result ofArticle 45 of the Act of 1 June 1924, is mentioned in the land book.
The simultaneous registration required on the same building that has, by law, a different rank is carried out in the order prescribed by it.
The judge shall make an order in accordance with the rules of the graceful matter and the following provisions.
The land book, held electronically, is signed by the judge by means of a secure electronic signature process in accordance with the requirements of the decree referred to above 30 March 2001 taken for application ofArticle 1316-4 of the Civil Code and related to electronic signature.
Effective January 1, 2011, the order in electronic form and signed by the judge by means of the process referred to in section 81 is minute.
Before that date, only the order made on paper and signed by the judge is minute.
Any registration to the land book indicates the date on which it is signed.
When the required registration is faced with an obstacle that may be lifted, the Land Book Judge shall grant the applicant, by an order called "intermediary", a time limit to proceed.
The request is rejected by a reasoned decision if:
1° It is not presented according to the model provided by the order referred to in section 61.
2° There is a material or legal impossibility to register the right or mention.
3° The appellant does not comply with an interim order within the specified time limit.
Subject to the rights of third parties, the Land Book Judge may, at the request of a party or ex officio, attach several requests in the interest of the administration of justice.
It may, under the same conditions, disjoin a request, in particular if an obstacle causes partial rejection of the request.
The claimant ' s withdrawal from his application is determined by a decision of the Land Book Judge.
The decision by which the judge classifies an application that did not give rise to a registration order or an intermediate order, a rejection order or a decision that found the applicant's withdrawal constitutes a judicial measure.
No appeal is open against the decision ordering an entry or intermediate order.
The appeal against the order to reject a request for registration shall be brought before the Court of Appeal under the conditions set out in the schedule of the Civil Procedure Code, within fifteen days of notification of the order. It is filed in the land office by the applicant or notary who submitted the application and may be based on new means.
He is educated and judged in accordance with the rules applicable in gracious matters before the Court of Appeal.
The registration of the application to the competent land office produces, as to the rule of law, the effects of an application for registration. The benefit of this rank is retained by the appellant until the decision of the Land Book Judge or the Court of Appeal.
Any incomplete, incorrect or erroneous registration or mention shall be rectified or re-established with its former rank, without prejudice to third parties who receive a right or a rank acquired in the interval.
The judge of the land book shall rule according to the rules laid down by theArticle 462 of the Civil Procedure Code.
The right of access and that of rectification provided to Articles 39 and 40 of the above-mentioned Act of 6 January 1978 Amended with respect to computer science, files and freedoms is exercised with the competent land book judge.
The owner of a property or the holder of a right referred to in theArticle 38 of the Act of 1 June 1924 may require correction of any incomplete, incorrect or erroneous registration or registration unless the correction requested is due to an amendment in the legal situation of the person, property or law concerned.
The request for correction is addressed to the judge of the land book in whose jurisdiction the building is located.
A registration completely or partially destroyed or disappeared is restored upon request of any interested or ex officio in the light of all acts, extracts, certificates or other documents attesting to the existence of the missing registration.
Any person must inform the judge of the land book of the documents that he or she holds or of the information available to him or her relating to an invalid or missing registration.
Any registration is notified to the person who requested it and to the registered owner as well as to any person whom the land book reveals as to benefit or suffer from registration. Registration is also notified to those who are registered in the land book as holders of a lien, mortgage or land benefit, debt or land annuity of local law.
The notification mentions the access and rectification rights provided by the Articles 39 and 40 of the Act of 6 January 1978 referred to above.
It may be replaced by the issuance of a certificate of registration to the applicant when expressly consenting to it. The certificate refers to the access and rectification rights provided for in sections 39 and 40 of the Act.
The notification and issuance of the registration certificate may be made electronically if the recipient expressly consents to it. They are then subject to an electronic notification of receipt by the notification, which indicates the date and time of the notification.
The technical processes used shall ensure, under conditions fixed by order of the seal guard, Minister of Justice, the reliability of the identification of the person who informs the act and the consignee, the integrity of the documents addressed, the security and confidentiality of the exchanges, the preservation of the transmissions carried out and allow for a certain determination of the date of shipment and the date of receipt by the consignee.
The registration of an assigned right of an extinctive term on a certain date is terminated at the request of the owner of the property, the holder of the right or any interested person after the expiry of the term.
Registrations made under theArticle 38-4 of the Act of 1 June 1924 are terminated at the request of any interested or ex officio, upon presentation of the judicial decision passed by force of evidence and pronouncing the rejection or finding the denial of the proceeding or the expiry of the proceeding or the denial of the action or the deducibility of the summons.
When requesting the registration of the property of the buyer, the notary responsible for the forced award of a building requires the land office to remove the mention of forced execution.
In the event of abandonment of the proceedings, the enforcement court requires the land office to proceed with the deletion of forced execution.
In the event of the closure of a forced administration procedure, the enforcement court also requires the land office to remove the mention of forced administration.
When the condition of collocation is closed in the distribution procedure, after forced execution on buildings, the notary requires the cancellation of the registrations mentioned in the distribution procedure.Article 204 of the Act of 1 June 1924 and, in addition, the registration of charges, mortgages, leases and rentals which, according to the first paragraph of section 166 of the Act, are not subject to the award.
Existing mentions to the land book of judgments opening a judicial safeguard or recovery procedure or pronouncing a judicial liquidation are extinguished ex officio by the court of land.
Can be radiated ex officio:
1° Prenotation where the final registration is taken or when the correction referred to in the prenotation is made or where the prenotation has not been renewed within the specified time limit.
2° The seller's privilege if, as a result of the resolution of the sale and failing to pay the price, the property is registered again in the name of the seller.
The deletion of the seller's privilege results in the deletion of the right of resolution as it relates to the failure to fulfil the obligations guaranteed by the privilege.
Are repealed:
1° Chapter 1 of title I, chapter 2 of title II except for its application to the land books of mines and title IV of the decree of 18 November 1924 referred to above;
2° Titles I, II, IV and V of the decree of 14 January 1927 referred to above;
3° TheArticle R. 670-6 of the Commercial Code.
The Minister of State, Minister of Justice and Freedoms, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
A N N E X E 1
The data in the land book are, in addition to the Amalfi number, the date of filing of the request and the date of signature of the order and registration:
1° Property rights:
(a) The plot:
the commune and its prefix;
the section number;
the plan number;
- the capacity;
- allocation of soil (nature of cultures);
the address;
- the built indicator;
― the "disappeared" indicator;
― the "removed" indicator;
the number of the original survey report;
― additional information, including the placedit.
(b) The condominium:
the name;
the address;
the number of lots;
- the sum of the fortieths;
- the date or dates of the co-ownership regulations or regulations;
― the floor sketch or numbers;
- the seating building(s);
― additional information, including the geographic location of buildings in the event of a plurality of buildings.
(c) The condominium lot:
- the lot number;
– the fortieth of common parts;
- description of the lot;
― additional information, including the content of the condominium lot.
(d) the entire property outside the condominium regime:
― the number of parts of the real estate complex;
the date(s) of the descriptive statement(s);
- the number(s) of division sketches;
- the seating plot(s);
― additional information, including the location of buildings in the event of a plurality of buildings.
(e) The part of a property package outside the condominium regime:
― the name of the part of the real estate package;
― the rating of the part of the real estate package;
― the description of the part of the real estate package;
― additional information, including consistency with some entries from the recovery of manual data.
2° Persons with rights:
(a) The physical person:
- family name;
― names in the order of civil status;
― the name of use;
- the date and place of birth;
- in the absence of known date and place of birth, the surname of the spouse;
- home;
― links with any other person holding a right (community of property, acquest corporation, tooth, co-owners of a right, other [for example, trust]);
― additional information, including the name of use, the person's pseudonym or the marital situation if necessary.
(b) The legal person:
the legal form;
the name of the name;
- the acronym;
the address of the seat;
the name of the legal representative;
for persons registered in the trade and corporate register, the information referred to in 1° of Article R. 123-237 of the Commercial Code ;
- the registration, registration or declaration number of associations;
― links with any other person holding a right (totine, co-owners of a right, others [for example, the trust]);
― supplements of information, especially for legal persons not registered in the trade and corporate register.
3° The rights:
- the type;
― the quota in the event of an indivision;
- the duration or dates of commencement and termination of a fixed-term right;
- the mode of acquisition;
- the price or evaluation;
― supplements of information, in particular the dismembered share of property.
4° The charges on a building:
(a) Land servitudes established by the fact of man and any servitude whose land advertising is provided by the law hardly of inopposability:
- the wording;
― additional information, including the cantonment of servitude;
- the funds used;
– the dominant fund(s).
(b) Forced indivision resulting from an act between alive or because of death or a judicial decision:
― additional information;
the attached building;
– the main building(s).
5° Charges on a right:
(a) Mortgages and privileges, including heritage separation:
- the type (conventional, judicial...) ;
― the nature of registration (definitive, provisional or prenotated);
- the cause (read, bail...) ;
the reason for modification (subrogation, renewal...)
- the principal amount;
― the amount including fees and accessories;
- the amount for exchange risk;
- other amount;
the total of the amounts;
- the extreme date of effect;
- the recipient(s);
― additional information (interest rate, re-evaluation clause, amount of mortgage reload if this amount is less than the maximum amount, collateral pact...);
- the rights or rights encumbered;
- the indicator of the existence of an enforceable copy in order;
– the indicator of the existence of a rechargeable mortgage.
(b) Other charges:
the type (other charge or prenotation of law);
― the nature of registration (definitive or prenotated);
- the wording;
- the reason for modification (renewal...)
- the recipient(s);
- duration;
the start date;
- the end date;
- the extreme date of effect;
― additional information, including the cantonment of the charge;
- the rights or rights encumbered.
6° The row:
- the type (cession, equality);
- supplements of information, including multiple assignments and equality of rank in relation to the entitlement or the beneficiary charge;
- the charge or beneficiary right;
― the charge(s) or the right(s) transferor(s).
7° Any mentions whose advertisements are only expected to be inadmissible:
- applications to obtain the resolution, revocation, cancellation or rescinding of a convention or provision for death:
- the type;
- accuracy on type;
― supplements of information, including references to court decisions originating from the mention;
- the right concerned.
8° Information:
―on an immovable: administrative limitations to the right of ownership and derogations from those limitations provided for in Article 73 of the Decree of 14 October 1955, as well as any other administrative limitation which is provided for in the law or by the regulations for the purposes of information of users:
- the type;
- accuracy on type;
― additional information, including references to administrative decisions originating from the registration of the informative mention;
the building concerned.
A N N E X E 2
The data in the file register for the request are:
― the identification number called "number J";
the reference of the electronic request;
- the type of request (e.g., registration, intermediate order response...)
the subtype (e.g., mutation, mortgage...)
the status of the request;
― the action at the origin of the state of progress;
the date of filing;
the applicant's name and name;
the reference of the file;
the name of the parties;
- the main commune (on which the act is carried)
― if applicable, the link to any other request (for example, following the junction).
Done in Paris, October 7, 2009.
François Fillon
By the Prime Minister:
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
