Madagagascar ground possession

Madagagascar ground possession

Madagagascar ground possession

Madagagascar ground possession

To acquire a ground in Diego-Suarez or in Mahajanga By Diana and Mahajanga real estate agencies

Diana and Mahajanga real estate agencies are there to help you for Madagagascar ground possession.

Our objective in this page is to advise the Malagasy or foreign investors wishing to acquire or take with lease a ground or a real property, we voluntarily do not get into detail of the whole of the approachs which are long and boring, but simply point the principal traps to be avoided just as the documents to be claimed to the salesmen to make safe the sale as well as possible.

It is important to know that the foreigners cannot acquire ground in freehold in Madagascar, except justifying important investment for commercial premises or industrial spaces having an economic advantage for the population (durable job creation).

To acquire a landed or real property in Madagascar the foreign investor will have quasi obligatorily to thus make it by the means of an emphyteutic lease, of which the duration must be between 18 years and 99 years.

Thus, if you want to invest it is right to take some precautions in order to avoid the traps and swindle, current in the land field.

First of all, ask to consult the whole documents concerning the ground, to know the plan of demarcation, the Duplicate of the Land title, as well as the certificate of legal registration, these documents must imperatively presented to you in original. To check with meticulousness the concordance of the various documents, reference of plot, capacity, etc…., any inconsistency must lead you to be wary of the veracity of the documents which are presented to you.
To require before any sale that the ground is titrated and limited. A common practice in Madagascar consists in making finance by the purchaser the expenses of demarcation and titration of the properties, although this practice is not fraudulent at first sight, it can prove to be dangerous in the end considering the time limit for obtaining the documents and the possibilities of swindle which results from it, he is thus to avoid engaging in the purchase of a ground which will not be titrated nor limited.
Never pay down payment in cash without having seen the documents of the ground, and signed a provisional sales agreement.
Be wary of the salesmen in a hurry or abnormally low prices which aim to allure you and to push you to act too quickly while thinking of making a “good deal”, it often act of swindle whose operation is well prowling.

Inform yourself near the town hall of the commune on which the ground depends, and do not hesitate to go to the fields service of the area concerned to ensure you the veracity of the documents which were presented to you, and with the cadastral coordinate of the ground you can ask for a new certificate of legal registration, which will be delivered to you in 1 to 4 weeks.

Also check the ID cards of the salesman or salesmen, in order to ensure you that your interlocutors are well the owners of the ground. It should be noted that the signature of all the owners shown on the land title is necessary to validate the sale, and that in the event of procuration, this one must clearly specify that it relates to the sale of the known as ground and being accompanied by original ID cards of the procuration’s authors. All the signatures must be legalized beforehand by the town hall.

An important advice: even if the passage by a notary for the land transactions is not obligatory in Madagascar, we highly advise to call on the services of a notary, who, will be able to detect the possible anomalies in the documents of property and will be able as well as possible to advise you in your approachs.

 Ground on sale in Diego-Suarez and Mahajanga

ATTESTING DOCUMENTS OF THE PROPERTY

THE LEGAL CERTIFICATE OF REGISTRATION

The legal certificate of registration is a document emanating from the service of the fields and the Land conservation, and must give the following indications:

• The names and the addresses of the owners, in case of joint possession, the share of each owner will be indicated.
• Details of the ground, surfaces, contact cadastral, area, communes, district.
• The name given to the property.
• The legal certificate must specify that the ground is nor unencumbered right of ownership, or any interest in land.
• In the contrary case, it specifies if the ground is pledged or mortgaged, the sale is then impossible without the lifting of pledge or the disencumbrance.
• In the event of administrative litigation, the ground can have been the object of one or more “pre-notation, the pre-notation is the result of a legal action carried out by a third having for objective to block the ground sale for many reasons such as for example the dispute of the ground property, in this case, any transfer of the ground is not possible without the legal lifting of the pre-notation.
• To be valid, the legal certificate of registration must be signed by the fields registrar.

The LAND BOOK – or DUPLICATE OF THE LAND TITLE

!! This document is delivered only in one copy, it must be carefully preserved in a sure place, because in case of loss or of destruction it is very difficult to cause to be some prepared a new copy. !!

– The land book is a book of pink or green color according to its date of edition. It contains the history of the ground since it was recorded near the Land Conservation. With each change of owner, a page will be added there. It is very important to keep it in a sure place because it is very difficult to have a duplicate of them.

– A new book is provided only during a fragmentation. The new divided grounds will thus have each one their own book. The main book will be given to the service of the land conservation if all the ground is parcelled out. If a part in rest, the details of the fragmentation executed will be annexed in the main book. Thus it is necessary to be vigilant, to read all the existing pages well.

– The book is presented as follows:

• The precise front page: The number of the land Title and the name of the area where the ground (ex: Antsiranana)
• The second page indicates the Designation and the description of the ground.
• Nature and consistency (ex: building plot),
• Situation (fokontany, firaisana, fivondronana),
• Capacity (exact surface in letter),
• Limits (according to the plan annexed to the title).
• The third page indicates
• In the First leaf: the number of land title as well as the name of the property
• References of Requisition/Fragmentation
• The coordinates of the owners: Name, first name, profession, married to….son and daughter of ….. Resident in ……. the shares returning to each undivided owner if necessary
• The designation of the decision ordering the registration or the acts justifying the division or the melting
• It is signed by the conservative in function at the time of the establishment of the document.
• From the fourth page, mitres are designed to add the informations relative to the life of the property, transfers, leases, fragmentations etc….

THE EMPHYTEUTIC LEASE IN SOME LINES

The emphyteutic lease constitutes a real property law. For this reason the contract which constitutes it must be the object of a land publicity and must thus be recorded at the service of the fields like at the tax services. The emphyteutic lease of buildings properties confers to the taker a likely interest subject to mortgage, this right can be yielded and seized in the forms prescribed for the seizure of property.

The characteristic of the long lease lies in the fact that in compensation of a very modest royalty, without it having to compensate the tenant, at the end of the contract the lessor becomes owner of the improvements and constructions that the tenant made during the lease. All mortgage registered on an emphyteutic lease disappears on the expiry of this lease.

In fact all these procedures and necessary checks to a land acquisition are made by our agencies, to assure you.

We share your requirements!

Diana real estate Agency 33 Colbert street Diego-Suarez

Mahajanga real estate Agency 2 Serbie street Mahajanga

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