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The legal
environment
Mauritius's real estate and property market has seen extensive development in
recent years and many investors, both locally and foreign, have benefited
greatly. Real estate in Mauritius is a great investment whether you are
planning on acquiring, renting or business development.
The immovable property market in Mauritius is well regulated and protects
property rights of investors, lenders, developers and occupiers. The
Constitution of Mauritius, which is the supreme law of the country, protects
the right of land owners and the right from deprivation of property. Guarantee
of an ownership title means that an owner may not be deprived of his ownership
rights other than by a court decision.
Ownership to land and real estate objects transfers to the buyer at the moment
of state registration of a document evidencing the buyer’s title.
The Mauritian laws are a hybrid of French code civil and local statutes. The
substantive contents of the law are derived from the Code Napoleon. The public
law is based on English common law.
The Mauritian property law is substantially based on the civil system so that
sale of property in Mauritius is carried out by means of an acte authentique,
which must be notarized, registered and transcribed to be binding on any third
party.
By virtue of Article 3 of the Civil Code, a property owned by a non-citizen of
Mauritius is governed by the laws of Mauritius.
"Les immeubles, même ceux possédés par des étrangers, sont régis par la loi
mauricienne" - Titre Preliminaire, Art. 3
Real estate relations are governed by a system of regulatory Acts pertaining to
various branches of law – civil, land and planning. The statutes relating to
property are:
-
State Lands Act
- Non-Citizens (Property Restriction) Act
- Pas Géométriques
Act
- State Land (Alienation) Act
- Landlord and Tenants Act
- Planning and
Development Act
- Land Acquisition Act
- Registration Duty Act
- Land
(Duties and Taxes) Act
- Morcellement Act
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