Section 30: Order in respect of immovable property

30. Order in respect of immovable property (1) Following the grant of a Restriction Order in respect of immovable property of a particular kind and where any enactment provides for the registration of title to, or charges over, property of that kind, the Judge may, on application by the Enforcement Authority, order the Registrar-General to endorse any one or more of the restrictions referred to in subsection (2) on the title deed of the immovable property with a view to ensuring the effective execution of a subsequent order made by a Judge or by the Court. [Issue 5] A23A – 20 Revised Laws of Mauritius (2) An order under subsection (1) may include a restriction that the property shall not, without the consent of a Judge— (a) be mortgaged or otherwise burdened; (b) be attached or sold in execution; (c) vest in the liquidator when the estate of the owner of that immovable property is sequestrated; or (d) where the owner of the property is a corporate body, form part of the assets of that corporate body where it is wound up. (3) In order to give effect to an order made under subsection (1), the Registrar-General shall make the necessary entries in his register and the necessary endorsement on the title deed, and thereupon any restriction referred to in subsection (2) shall be effective against all persons except, in the case of a restriction contemplated in subsection (2) (b), against any person in whose favour a mortgage bond or other charge was registered against the title deed of immovable property before the endorsement of the restriction on the title deed of the immovable property, but shall lapse on the transfer of ownership of the immovable property.