Civil Code > TITLE X. REGISTERS OF IMMOVABLE PROPERTY 2

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Chapter 2. Contents of the various registers.

Art. 1567.- Register of property. – 1. Principle.

All acts, public or private, made inter vivos or mortis causa purporting to recognize, transfer, modify or extinguish the right of ownership of one or more persons over an immovable shall be entered in the register of property.

Art. 1568.- 2. Particular acts concerning property.

In particular, the following shall be entered in the register of property in conformity with Art. 1567:

(a) act of sale, donation, contribution in a partnership, partition, compromise and contracts creating joint ownership, where such acts have an immovable as their subject-matter; and

(b) acts by which an heir or a legatee accepts a succession or a legacy relating to an immovable; and

(d) judgments which give a decision as to the ownership of an immovable upon an action for the recovery thereof; and

(e) judgments which pronounce the sale by auction of an immovable as a consequence of an attachment effected by the creditors.

Art. 1569.- 3. Acts concerning other rights over immovables.

The following shall also be entered in the register of property:

(a) all acts purporting to create, recognize, transfer, modify or extinguish a right of bare ownership or usufruct or a right of habitation over an immovable; and

(b) all acts purporting to create, recognize, modify or extinguish a servitude; and

(c) all acts purporting to create, transfer, modify or extinguish a contractual restriction of a right of ownership or of usufruct relating to an immovable.

Art. 1570.- 4. Legal actions.

Legal actions which aim at obtaining a judgment recognizing, transferring, dissolving or extinguishing the right of ownership or another right in rem over immovables shall also be entered in the register of property.

Art. 1571.- 5. Leases and acts concerning rents not fallen due.

The following shall be entered in the register of property:

(a) leases relating to a dwelling-house or apartment, concluded for a period of more than five years; and

(b) assignments of rents not fallen due, covenanted for a period of more than three years; and

(c) discharges for rents not fallen due given in advance to a lessee or farmer-tenant for a period of more than three years.

Art. 1572.- 6. Grants.

Grants over waters or over mines made by communes, departments or provinces shall be entered in the register of property.

Art. 1573.- Register of mortgages. -1. Principle.

The following shall be entered in the register of mortgages:

(a) all acts purporting to create, modify or extinguish a right of mortgage or antichresis; and

(b) all acts purporting to transfer a debt secured by a mortgage or a right of antichresis or purporting to assign the benefit of priority attributed to such right by the law.

Art. 1574.- 2. Attachment.

Applications for the judicial sale of an immovable on the initiative of a creditor, whether or not enjoying a right of mortgage on such immovable, shall also be entered in the register of mortgages.

Art. 1575.- Register of immovables. -1. Principle.

(1) Every immovable existing within the district shall be registered in the register of immovables under its number in the cadastre, and a leaf be assigned to it.

(2) The register shall contain, on each of its leaves, a summary description of the immovable made with the object of its individualization.

(3) All acts subject to registration which concern the immovable shall be mentioned on the leaf with an indication of their reference number in other registers and of their date.

Art. 1576.- 2. Conformity with cadastral survey plan.

(1) The registration and the description of each immovable in the register of immovables shall be made according to eh measurements and indications of the cadastral survey plan.

(2) The register of immovables shall be kept in permanent and absolute conformity with such plan.

Registered in the register of each district with a reference to the register of the other districts.

(2)Requests and registrations shall be entered in the register off the district where the largest part of the immovable is situate.

Art. 1578.- 4. Public immovables.

Immovables which are not privately owned and those which serve for a public use shall not be registered in the register of immovables unless there are in relation to them rights in rem which need be registered.

Art. 1579.- 5. Partition of on immovable.

(1) Where an immovable is partitioned, the keeper of the registers shall enter each new portion in the register, making reference to the old number.

(2) The new leaves shall contain a reference to the leaf which related to the immovable before its partition.

Art. 1580.- 6. Separation of a portion.

(1) Where a portion is separated from an immovable in order to be attached to another, the original leaves shall be retained.

(2) Only a mention of the alteration which has taken place shall be made in the description of the immovable under the heading “Area off the immovable”.

(3) Reference shall be made to the act which has caused such alteration and to the date of such alteration.

Art. 1581.- 7. Union of several immovables.

(1) The union into one immovable, under a new number, of several immovables belonging to the same owner, may be entered in the register only where there are no mortgages or rights of antichresis registered in the leaves of the different immovables or where the creditors give their consent to such union.

(2) Where the immovables are subject to servitudes, they may not be united unless the persons entitled thereto give their consent to the union.

(3) Where there are servitude in favour of immovables, the union may not be effected unless the owners of the servient tenements give their consent thereto.

Art. 1582.- 8. Closed leaves.

(1) Where a leaf has ceased to be useful in consequence of partition or union, it shall be closed by an annotation to that effect, with an indication of the cause, of the date and of the necessary references and it shall be struck out diagonally in red ink.

(2) The same rules shall apply where a registered immovable is changed into an immovable not subject to registration.

(3) The closed leaves may in no case be destroyed.

Art. 1583.- Register of owners.-1. Principle.

The register of owners shall contain, classed in alphabetical order, leaves relating to each one of the persons who, in an act registered in one of the principal registers, are indicated as being owners of an immovable situate in the district.

Art. 1584.- 2. Immovable owned in common.

(1) Where an immovable belongs to several owners a leaf shall be drawn up in the name of each joint owner.

(2) The position of each one shall be mentioned in the leaf relating to him.

Art. 1585.- 3. Ownership of several immovables.

Where a person owns several immovables in a district, there shall be drawn up in his name as many leaves as he has separate immovables.

Art. 1586.- Acts registered on the leaf.

All acts subject to registration which concern a particular immovable shall be mentioned on the leaf of such immovable, with an indication of their reference number in other registers and of their date.

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