What are the legal specifics of a real estate purchase in the French overseas territories?

A base of general law, with local adaptations

In the overseas departments and regions, a real estate purchase follows the general law: a preliminary contract, an authenticated deed received by a notary, land registration with the land registration service, guarantees and inspections identical to mainland France. The principle of legislative identity in Article 73 of the French Constitution makes national law applicable there as of right, with possible adaptations.

In the collectivities governed by Article 74 of the French Constitution and in New Caledonia, the principle of legislative specialty applies: some national texts are applicable there only by express mention, and specific local rules exist, notably in land and tax matters. Before any project in the Pacific, take stock with a locally established notary.

Succession co-ownership: the major Antillean issue

In the Antilles, French Guiana and Réunion, many properties have been held in co-ownership (indivision) for several generations, for want of settling the estates. The result: properties that are legally blocked, sometimes vacant or degraded, and sales impossible without the agreement of very many co-owners, since the general law in principle requires unanimity to sell (Articles 815 and following of the French Civil Code).

To unblock these situations, Law No. 2018-1244 of December 27, 2018, known as the Letchimy law, created a derogatory and temporary scheme in the overseas territories it lists: for estates opened more than ten years ago, co-owners holding at least two-thirds of the undivided rights may sell or divide the property, following a framed procedure involving notification to the other co-owners and a possibility of opposition before the judge. Protections set the scheme aside where a co-owner is a minor or a protected adult. This regime is time-limited (deadline set by law at December 31, 2028, subject to extension or amendment): check its applicability on the day of your operation.

On the buyer's side, vigilance is required: demand a clear thirty-year chain of title and, where there is co-ownership, make sure the procedure followed (unanimity, judicial authorization or derogatory scheme) is proper. Using a genealogist is sometimes necessary to identify all the rightful claimants.

Property titling in Mayotte and French Guiana

In Mayotte and French Guiana, a significant share of land occupations rests on no published property title: customary or historical occupations, an incomplete land registry, unsettled estates. The State has launched a process known as titling (titrement), intended to grant titles to legitimate occupants. Law No. 2017-256 of February 28, 2017, a programming law on real equality in the overseas territories, notably established dedicated mechanisms, including a land emergency commission in Mayotte.

In French Guiana, most of the land belongs to the State domain, which strongly frames transfers and regularizations. In practice, for a buyer: never sign on the basis of a mere possession or a private deed; demand a published property title and have the entire chain of title checked by the notary.

The fifty geometric paces zone along the coast

In the Antilles, the coastal strip known as the fifty geometric paces (about 81.20 meters from the shore) in principle belongs to the State's maritime public domain. Many buildings have been erected there without title. Law No. 96-1241 of December 30, 1996 organized the regularization of certain occupants and the management of these areas, notably through dedicated agencies in Guadeloupe and Martinique.

A property located in this zone can be validly sold as private property only if the land has been duly declassified and transferred by the State. Before buying by the sea in the Antilles, have the notary check the exact situation of the land in relation to this zone.

Land registration and essential checks

Land registration works in the DROM as in mainland France, with one caveat: Mayotte historically falls under a specific land registration regime and its land registry is still being made reliable. In the Pacific, New Caledonia also has customary lands that are inalienable, non-transferable, non-exchangeable and non-seizable (Article 18 of Organic Law No. 99-209 of March 19, 1999), which cannot be sold.

Before any commitment, have the notary gather the following items:

• A published property title and a thirty-year chain of title.
• A recent mortgage status (registrations, seizures, easements).
• The land registry situation and boundary marking, especially in poorly or badly registered areas.
• The statement of risks (Article L. 125-5 of the French Environmental Code): cyclone, earthquake, marine flooding, ground movement, coastline retreat.
• The planning situation: local urban plan, fifty geometric paces zone, protected coastal areas.