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Places • Surface • Title • Price
What is the difference?
1 - DELIBERATION
Deliberation is land that is part of the National Domain. By National Domain, we must understand all unregistered land, that is to say those not subject to a property right, and land not dependent on the public domain. In accordance with the law 64-46 of June 17, 1964 relating to the National Domain, the lands of the National Domain are managed by the local communities which must update their register (delivery of administrative act containing decision of assignment, reassignment, ... with mention of the identity of the beneficiary).
Reallocation (or "transfer") of land: Deliberation IMPORTANT FORMALITIES following the acquisition of land belonging to the National Domain: Once the deed of transfer has been registered, the purchaser must reassign the land ("transfer") subject to the land base to the town hall of the location of the property. TO REMEMBER: At the costs, rights and fees of the deed, it will be necessary to provide, in a second step, the additional costs for formalities such as the reallocation of land in the name of the purchaser to the town hall of the location of the property and a request for regularization by way of lease to be sent to the Service des Domaines (Center for Tax Services with territorial jurisdiction).
Documents to provide: the original of the administrative act and the copy of the identity document of the seller and the purchaser (or the articles of association, if the purchaser is a company + copy of the manager's identity document , a plot plan, a copy of the registered deed of transfer.
All this, accompanied by the amount to be paid (check with the local authority) at the town hall. NB: the administrative act of allocation of land in the National Domain (title of occupation of a land) takes precedence over the act of sale (which is just the right that was assigned by the seller to occupy the land): it attests to the lasting right to occupy land. The allocation decisions issued by the communities are approved by the State representative (Prefect or Sub-Prefect).
2 - LEASE
Request for regularization by way of lease (or request for a lease) This is a procedure to be introduced for land in the National Domain with the Service des Impôts et Domaines, which allows registration in the name of the State and therefore the payment of an annual fee for the benefit of the latter ( a lease will be issued in the name of the state to which you will pay annual rent.;
The effective occupation of the land can only be done by obtaining a lease contract between the occupier and the state. The State may decide to grant real rights to occupants by giving them access to full ownership (final cession or land title), or to an emphyteutic lease
3 - LAND TITLE
Request for conversion of a lease (surface right, authorization to occupy) into a land title: Any holder of an administrative contract (lease, surface right, authorization to occupy) can request its transformation into a land title. These contracts are rights of use in time spent on the State Domain, in areas with an urban plan. The assignment transfers the ownership of the land from the State to the natural or legal person applying, by establishing a land title in their name.
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