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Registers Of Immovable Property

TITLE X. REGISTERS OF IMMOVABLE PROPERTY
Chapter 1. Keeping of registers and publicity

Art. 1553.- Principle.

Registers of immovable property shall be kept, in each Awradja Guezat of the Empire of Ethiopia, by the keepers of registers of immovable property.

Art. 1554.- Organization of the places of conservation of registers.

(1)    The appointment and the status of the keepers of registers of immovable property and of their assistants shall be as prescribed by the Ministry of Agriculture.
(2)    The same Ministry shall prescribed the material organization of the places of conservation of the registers of immovable property and ensure the regularity of their functioning.
(3)    It shall take the necessary measures for the keeping and the conservation of registers of immovable property.

Art. 1555.- Districts into which the land is divided.

(1)    Registers of immovable property shall be kept, in each place of conservation, according to the districts into which the land is divided.
(2)    The Ministry of Agriculture shall fix the boundaries of the districts into which the land is divided.

Art. 1556.- Principal register. 

In each place of conservation and for each district, a register of property and a register of mortgages shall be kept.

Art. 1557.- Register of immovables.

Where the state of the cadastre allows the adoption of such system, a register of immovables shall be kept in each district.

Art. 1558.- Register of owners.

Where the state of the cadastre does not allow the drawing up of a register of immovables, a register of owners shall be kept in each district instead of such register.

Art. 1559.- Other registers.

The Ministry of Agriculture may, by a general directive, or by a directive specially applicable to one or more places of conservation, prescribe the keeping of additional registers.

 Art. 1560.- Registers may not be removed.

The registers of immovable property may in no case be removed from the place where they are kept.

Art. 1561.- Publicity of registers. -1. Principle.

    The registers of immovable property are public.

Art. 1562.- 2. Registers of immovables and of owners.

(1)    Keepers of registers shall, on request, deliver a certified true copy of the leaf concerning a particular immovable which is to be found in the registers of immovables.
(2)    They shall, on request, deliver a certified true copy of the leaf or leaves concerning a particular owner which  are to be found in the register of owners.
(3)    They shall, where necessary, deliver a certificate showing that the leaf of an immovable does not contain any registration or that no leaf concerning a particular owner exists I the register.

Art. 1563.- 3. Principal registers or supporting documents.

(1)    Keepers of registers of immovable property shall on request deliver certified true copies of the acts which are registered in the registers of property or of mortgages.
(2)    They shall on request deliver certified true copies of the supporting documents kept by them.

Art. 1564.- 4. Form of copies or certificates.

All copies and all certificates delivered by the keeper of registers of immovable property shall be of no effect unless they bear the seal of the place of conservation, the signature of eth keeper or of a person authorized to deliver the copy or the certificate, and an indication of the date on which the copy or the certificate was delivered.

Art. 1565.- Fees to be charged.

(1)    The Ministry of Agriculture shall fix the fees to be charged in respect of the various registrations in the registers of immovable property.
(2)    It shall fix the fees to be charged in respect of the delivery of copies or certificates by the keepers of registers.

Art. 1566.- Liability of keeper.   

(1)    Keepers of registers of immovable property shall be liable for the prejudice which they cause to others by the non-performance or bad performance or tardy performance of the obligations incumbent upon them.
(2)    The State shall be liable for such prejudice in conformity with the provisions of the Title of this Code relating to “Extra-contractual liability” (Art. 2027-2161).
(3)    Nothing shall affect the criminal or disciplinary liability of keepers of registers.

             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
(c)    judgments which pronounce the annulment, revocation or dissolution of the acts abovementioned; 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.

                 Chapter 3. Registration of acts in the registers

Section 1. Procedure of registration

Art. 1587.- Mode of presentation of registers.

The registers of property and of mortgages shall consists of files made up of printed forms, made available to private individuals who shall cancel any useless indications and fill in any blanks therein.

Art, 1588.- Establishing of forms.

The Ministry of Agriculture shall draw up the forms of the registers of immovable property and determine their format.

Art. 1589.- Supply of forms.

(1)    The forms required for the keeping of the registers shall be supplied gratuitously to the keepers of the registers of immovable property by the governor of the province who shall receive them from the Ministry of Agriculture.
(2)    The keepers of the registers of immovable property shall draw up every six months an inventory of the forms which are in their possession and request, where necessary, that their stocks be repleted according to the exigencies of their service.

Art. 1590.- Form of registrations.

(1)    the registrations in the register shall be made in very legible writing and without any abbreviation other those expressly authorized by regulations.
(2)    They shall mention the date on which they are effected and the number which is assigned to them in the register in which they are made

Art. 1591.- Indication of sums or of areas.

Where a registration contains the indication of a sum or that of an area, such sum or such area shall be indicated both in figures and in full words,

Art. 1592- Indication of dates.

(1)    Dates shall be written simply in figures as regards the year, in a very legible manner.
(2)    They shall be written only in words, as regards the month and the day of the month.

Art. 1593.- Necessity of a request for registration.

The keeper of the registers of immovable property may not of his own motion effect any registration.

Art.  1594.- Who may request a registration.

(1)    A request for registration may be made by any interested person.
(2)    The person making the request shall pay, at the time when he makes his request, the fixed fee determined for the filing of such request by a tariff officially established.

Art. 1595.- No reservations

A request for registration may not be made subject to any reservation or condition.

Art. 1596.- Manner or making the request.

(1)    The person who requests that a registration be made in the register shall file, in duplicate, a printed form which the administrative authorities shall place at his disposal.
(2)    The person making the request shall fill in a very legible manner, by writing with a typewriter or in black ink, the blanks of the form.
(3)    He shall cancel the indications which are unless in the form or draw obliquely a line in the blank which corresponds to such indications.

Art. 1597.- Prohibited indications.

(1)    No indication may be added to those which are set down in the forms placed at the disposal of the public.
(2)    The interested parties shall, where appropriate, complete such indications by means of supplementary of supporting documents to which reference shall be made by the form.

Art. 1598.- Duties of keeper.

(1)    The keeper shall assign to each request, when it is presented to him, a serial number in the register to which such request corresponds.
(2)    He shall countersign the forms sent to him and affix thereon the seal of the place of conservation.

Art. 1599.- Handing back of form.

The keeper shall hand back to the person making the request one of the forms duly signed by him with the seal of the place of conservation affixed thereon.

Art. 1600.- Other form.

(1)    The other form shall be incorporated in the register to which it appertains.
(2)    The insertion of the forms in each of the principal registers shall be made in the order in which the request are made.
Art. 1601.- Record in the complementary registers.
An act newly registered shall forthwith be entered in the register of immovables or in the register of owners of the district.

Section 2. Forms used for registration.

Art. 1602.- Indications common to all forms.

The forms intended for the registers of immovable property shall specify in every case:
(a)    the date of the request for registration; and
(b)    the immovable to which the registration refers, with the particulars required to individualise such immovable; and
(c)    the name, first names, patronymic and residence of the person to whose immovable the registration refers; and
(d)    the name, first names, patronymic and residence of the person to whose immovable the registration refers; and
(e)    the number, nature and the reference number of the complementary or supporting documents annexed to the request; and
(f)    the acts previously registered to which it may be necessary to refer, together with their reference numbers.

Art. 1603.- Form intended for the register of property. -1. General indications.

    The form intended for the register of property shall specify;
(a)    the nature of the act which gives cause for registration; and
(b)    the nature of the right affected by such act or event; and
(c)    the name, first names, patronymic and residence or elected domicile of the person acquiring the right, lessee, assignee or other beneficiary under act; and
(d)    in the case of different acts or events which give cause for registration, any special stipulations.

Art. 1604.- 2. Special stipulations.

    The special stipulations referred to in Art. 1603 shall relate:
(a)    in the case of sale, contribution in a partnership, sale by auction, promise of sale, donation and other similar acts, to the price or value of the right which has been transferred; and
(b)    in the case of a partition, to the amount which may be due to equalize the portions; and
(c)    in the case of a lease, to the duration of the lease and the annual rent; and
(d)    in the case of assignments of or discharges for rents not fallen due, to the date up to which the rents have been assigned or received; and
(e)    in the case of a promise of sale, to the price for which the sale is to take place and the time-limit agreed upon for the promise; and
(f)    in the case of other restrictions to the right of ownership, to the date when such restrictions will cease.

Art. 1605.- Form intended for the register of mortgages.

The form intended for the register of mortgages shall specify;
(a)    the name, first names, patronymic and residence of the mortgagee; and
(b)    the amount of the debt; and
(c)    the date on which the debt ins to be paid back; and
(d)    the annual rate of interest which it produces; and
(e)    whether the claim is transmissible by endorsement or is to bearer; and
(f)    whether the registration is made as a renewal of a preceding registration.

Art. 1606.- Individualization  of the immovable.- 1. Principle.

(1)    The immovable to which the act relates shall be individualized by specifying its nature, the commune where it is to be found and its cadastral number.
(2)    Where the immovable is situate in a region where there is no cadastral survey plan, its nature, situation, area and the neighoburing lands by which it is bounded shall as far as possible be mentioned.

Art. 1607.- 2. Detailed plan.

(1)    The particulars concerning the immovable to which the act relates may be specified by furnishing a detailed plan amongst the supporting documents.
(2)    This may be done in particular where the act which is to be registered refers to only a part of an immovable which corresponds to a number in the cadastre.
(3)    Fin such cases, the registration which is made shall refer to the numbers of the divisions which appear on the plan annexed to the request for registration.

Art. 1608.- Registration relating to a body corporate.

(1)    Where the immovable belongs to a partnership or an association, the name or the style of the body corporate shall be indicated instead of the name, first names and patronymic.
(2)    The same shall apply where the beneficiary of the act is a partnership, an association or some other body corporate.

Art. 1609.- Deceased owner.

A registration relating to the property of a deceased person may be made by indicating the deceased person as the owner of the immovable.

Art. 1610.- Immovable jointly owned .

(1)    Where an immovable is jointly owned but only one joint owner is interested in the act, only such joint owner shall be mentioned in the form and his share of the property be indicated therein.
(2)    Where all the joint owners or several of them are interested in the act, the indication “immovable jointly owned” shall be entered in the form, and a reference be made in the complementary and supporting documents to a document establishing the state of joint ownership of the immovable.
(3)    In the register of owners, a mention of the act shall be made on the leaves relating to each of the joint owners mentioned in such document.

Art. 1611.- Where there are several beneficiaries of an act.

The provisions of Article 1610 shall apply where several persons are beneficiaries in common of the act subject to registration.

Art. 1612.- Election of domicile by the person making the request.

(1)    The person making the request shall elect a domicile in the town where the place of conservation of registers of immovable property is situated unless he already has his residence in that town.
(2)    All notifications concerning the registration shall be validly served on him at such domicile.

Art. 1613.- Supporting documents. 1. Principle.

(1)    The person making the request may attach thereto all the documents which he thinks fit.
(2)    The keeper of registers may not refuse to accept a request on the grounds that he necessary documents have not been attached to such request.
(3)    He may only call the attention of the person making the request to the necessity of such document and the consequences which the absence thereof may entail.

Art. 1614.- 2. Most frequent documents.

The complementary or supporting documents attached to a request may particularly include:
(a)    a plan of the immovable; and
(b)    a power of attorney or other document whereby the person making the request is authorized to act on behalf of the owner of the immovable or of  the beneficiary of the act; and
(c)    a copy of the deed, judgment or act which gives cause for registration; and
(d)    a copy of the record of death or of the declaration of absence of the owner of the immovable; and
(e)    a act showing that legal proceedings relating to the immovable have been instituted by the person making the request; and
(f)    a statement of the rights appertaining to various joint owners on the immovable.

Art. 1615.- 3. Classification of supporting documents.

(1)    The complementary or supporting documents produced in support or requests for registration or for the purpose of obtaining a correction, modification or cancellation of a registration shall be classified in the place of conservation of the registers of immovable property to be kept therein.
(2)    Each of them shall be given a special reference number.

Art. 1616.- Nature of the act.

(1)    Under the heading “Nature of the act ” the form shall include the following options: “sale, contribution in partnership, donation, partition, compromise, contract of lease, judgment ordering a sale, renunciation, legal action, annulment of an act, declaration of  a right, creation of a right, modification of a right, extinguishments of a right, promise of sale, granting of concession, pre-emption, assignment of or discharge given in advance for rents not fallen due, acceptance of secession rights, agreement prohibiting assignment, agreement prohibiting attachment, refer to the annexed documents No. …”
(2)    The person making the request shall choose amount such options that of hose which best correspond to the nature of the act.
(3)    He shall strike out or, where appropriate, complete the indication On “refer to the annexed document No. ……”.

Art. 1617.- Nature of the right affected.

Under the heading “Nature of the right affected” the person  who makes the request shall specify whether such right is a right of ownership, or  a part of property jointly owned, or a right of bare ownership, usufruct, servitude, or a restriction of a right of ownership.

Art. 1618.- Amount of debt.

(1)    The amount of the debt secured by a mortgage or by a right of antichresis shall be indicated in Ethiopian currency.
(2)    Where the amount of the debt is undetermined, the registration shall be made for a fixed sum representing the maximum of the security of the immovable.
(3)    Failing agreement with the person whose immovable is affected by the mortgage, such sum shall be fixed by the court.

Art. 1619.- Debts transferable to order.

(1)    Where the mortgage secures a debt which is transferable by a mere endorsement of the title, the registration shall be made in the name of the present holder.
(2)    Its benefit shall extend to the successive endorsees o the title, without  there being need of any formality.

Art. 1620.- Debts resulting from title to bearer.

(1)    Where the mortgage secures a debt  resulting from  a title to bearer,  a complementary document shall specify the name of he issuer, the date of issue, the series, number and the value of the titles issued.
(2)    It shall specify, where appropriate, the name of the person who is authorized to represent the bearers of the titles.

              Section 3. Correction and cancellation of entries.

Art. 1621.- Correction. -1. Principle.

(1)    Where the form sent to the keeper of registers of immovable property and inserted in a register is incomplete or inaccurate, the registration may be corrected.
(2)    The registration shall not be null except in the cases provided by law.

Art. 1622.- 2. Modifications assimilated to a correction.

Corrections may also be made where:
(a)    one of the persons mentioned in the form intends to change the residence or the elected domicile which is assigned to him in the form; or
(b)    at least one fourth of the debt secured by a mortgage or by a right of antichresis has been paid; or
(c)    the debt secured by a mortgage has been assigned or given as a pledge; or
(d)    the act to which the registration relates has been the object of modifications agreed upon by the interested person or ordered by the court.

Art. 1623.- 3. Judicial order necessary.

(1)    A correction of a registration may not be made except by virtue of an order given by the court to the keeper of the registers.
(2)    Any interested person may apply to the court to order a correction.

Art. 1624.- 4. Correction how made.

(1)    A correction of a registration shall be made by canceling with a special ink the particulars in the form which are to be corrected.
(2)    The keeper shall write down on the back of the form the word “corrected” together with the date of the correction and a reference to the judgment ordering the correction.
(3)    Such judgment shall be kept in the archives of the place of conservation together with the supporting documents.

Art. 1625.- 5. Annotation in complementary registers.

The word “corrected” shall be written down, after the registration, in the register of immovables or in the register of owners, together with the date of the correction.

Art. 1626.- 6. Copies of an act which has been corrected.

(1)    Copies of forms delivered to interested persons shall conform in all respects to the original.
(2)    They shall show the contents of the original form and the correction which has been made.

Art. 1627.- 7. Effects of the correction.

A correction of a registration shall be effective only from the date on which it is made.

Art. 1628.- Nullity of a registration.

A registration of an act in the registers of immovable property shall be of no effect where:
(a) it does not show the date on which it has been made; or
(b) it does not make it possible to identify the immovable to which it refers; or
(c) it does not make it possible to identify the owner of the immovable, or the person who grants the right subject to registration; or
(d) it does not make it possible to identify the person who acquires the immovable or te beneficiary of the right subject to registration; or
(e) it does not show the amount of the debt secured by mortgage: or
(f) it is made by virtue of a title which is null: or
(g) it has been made out of time.

Art. 1629.- Late registration.

A registration shall be deemed to have been made out of time where it is incompatible with a registration which has been validly made previously in the registers of immovable property.

Art. 1630.- Cancellation.-1. Judicial order necessary.

Where the law declares the nullity of a registration, any interested person may apply to the court to order its cancellation.

Art. 1631.- 2. Agreement between the interested persons.

(1)    The owner of the immovable to which the registration refers may apply to the court to order the cancellation of the  registration where the beneficiary of the right which as been registered gives his consent to such cancellation.
(2)    Such consent shall be given where the act which has been registered has had its effects or where, for any other reason, the registration has lost the purpose for which it was made.

Art. 1632.- 3. Cancellation made “ex officio”.

(1)    A registration shall be cancelled by the keeper of registers of immovable property of his own motion where, according to the very terms of the registration, the right which formed its subject-matter was created for a determinate period and such period has elapsed.
(2)    A registration of a mortgage shall be cancelled by the keeper of his own motion where it has been made ten years before and its renewal has not been applied for.

Art. 1633.- 4. Cancellation how made.

(1)    The cancellation of a registration shall be made by drawing across the form two diagonal lines joining the opposite corner of the form.
(2)    The keeper shall write on the back of the form the word “Cancelled” together with the date of the cancellation and, where appropriate, a reference to the judgment which has ordered the cancellation.
(3)    The judgment shall be kept in the archives of the place of conservation among the supporting documents.

Art. 1634.- 5. Copy of the act which has been cancelled.

(1)    A registration which has been cancelled shall remain legible in the registers.
(2)    The persons interested may request copies thereof.

Art. 1635.-  6. Annotation in the complementary registers.

(1)    The word “cancelled” shall appear after the registration in the register of immovables or in the register of owners together with the date of the cancellation.
(2)    The copies of the leaves of such registers given to the interested persons shall make no mention of the registrations which have been cancelled.

Art. 1636.- Fee payable in case of correction or cancellation.

(1)    The person who applies for the correction or the cancellation of a registration shall pay the prescribed fee on making the application.
(2)    The expenses of a correction shall be borne by the person who is responsible for the error which is to be corrected, or, where no error has been made, by the person who applies for the correction.
(3)    The expenses of cancellation shall be borne by the person who applies for cancellation.

                   Chapter IV. Effects of registration in the registers of immovable properly

Art. 1637.- Duty to register acts.

(1)    The keepers of registers of immovable property may not decide on the validity of acts which are presented to them for registration in the registers.
(2)    They shall register such acts without delay when the formalities required by the law have been performed by the interested persons.
(3)    The registration of an act in the registers of immovable property shall not constitute a decision as to its validity.

Art. 1638.- Certain date.

The registration made in the registers of immovable property shall confer a certain date to the acts to which such registration relates or which are field in the archives of the place of conservation as complementary or supporting documents.

Art. 1639.- Prescription or usucaption.

The registration of an act in the registers of immovable property shall as such be of no effect as regards extinctive prescription or usucaption.

Art. 1640.- Ignorance of a registration.

(1)    No person may take advantage of the fact that he did not know of a registration entered in the registers of immovable property.
(2)    Nothing shall affect the liability of the keeper of the registers and of the State, where such ignorance is due to a fault in the functioning of the service.

Art. 1641.- Conflict between two registrations.

(1)    Where to persons have required from the same person a right subject to registration, the one whose right has been registered first in the registers of immovable property shall be preferred.
(2)    The right of the second shall be extinguished insofar as it is in opposition to the right which has been registered first.
(3)    Nothing shall affect the rights of such second person against he person from whom he has acquired the immovable.

Art. 1642.- Rights registered on the same day.

(1)    Where two rights which are incompatible with each other are entered in the register on the same day, preference shall be given to the person whose title is the older.
(2)    Where the titles are equally old or the priority of one in relation to the other can not be established, preference shall be given to that number of the registration which  in the register comes before.

Art. 1643.- Legal action.

Judgments which acknowledge, transfer, modify or extinguish the ownership of or any other real right over an immovable may be set up against third  parties as from the day on which the demand having the object of obtaining them has been registered in the registers of immovable property in the place where the immovable is situate.

 Art. 1644.- Bad faith.

(1)    The bad faith of the person who has requested the registration or required the right to which the registration relates shall not affect the validity of the registration.
(2)    In such case the person to whom the registration is prejudicial may claim damages by proving in a clear manner the bad faith of the defendant.

Art. 1645.- Where  there is no registration

(1)     Where, in default of a registration of an act in the registers of immovable property, the right of a person may not be set up against third parties, no person may acquire from such person a right which may be set up against third parties.
(2)     The person who has acquired a right under such conditions shall, before entering in the register the act by which he holds his  right, register the act by which his transferor held his right.

Art. 1646.- Notice of registration to the owner.

(1)     The person who has registered a right in the registers of immovable property shall, within eight days, serve on the owner of the immovable to which such right relates a copy, certified by the keeper of the registers, of the form which has been entered in the registers.
(2)     He shall be liable for the prejudice that may be caused to the owner of the immovable or to third parties by reason of his failing to comply with such formality.