Section 3: Registration of rights in immovable property

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Article 2521

French Civil CodeIn force

Updated 6 Nov 2023

Without prejudice to other rights the registration of which is provided for by the provisions of this code, other codes or civil legislation applicable to Mayotte, the following are registered in the land register, for the purposes of opposability to third parties:

1° The following rights in rem in immovable property:

a) Immovable property;

b) Usufruct of the same property established by the will of man;

c) Use and habitation;

d) Emphyteusis, governed by the provisions of articles L. 451-1 to L. 451-12 of the Code rural et de la pêche maritime;

e) Surface area;

f) Easements;

g) Pledge of real estate;

h) Real right resulting from a title of occupation of the public domain of the State or one of its public establishments issued pursuant to the Code du domaine de l'Etat et des collectivités publiques applicable to Mayotte;

i) Liens and mortgages ;

2° Leases for a term of more than twelve years and, even for a lease of lesser duration, receipts or assignments for a term equivalent to three years' unmatured rent or tenancy;

3° Rights subject to publication under 1° and 2°, resulting from deeds or decisions recording or pronouncing the resolution, revocation, annulment or rescission of an agreement or disposition mortis causa.

However, easements that derive from the natural situation of the premises or that are established by law are exempt from publicity.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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