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Property status in Morocco

The regime of property registration is handled by the National agency of property conservation of the cadastre and cartography (ANCFCC).

Each building is individualized:

Each building must be listed in the property registry book thus enabling the establishment of a title deed that carries a number, name of owner and a detailed description of the building.
The registered building holds the following information: identification of its owner as well as its location, preventing unexpected and unpleasant surprises.

Establishment of a definitive title deed:

The title deed resulting from the registration is definitive and cannot be legally challenged (act of article 62 from Dahir 1913).

The definitive and legal nature of the title deed covers the construction as well as the ground and plantation indicated in this title the day of its establishment.

Unregistered buildings « Melkia »

The Melkia properties are governed by Muslim law. The grounds for the right of ownership are made by having serene and uninterrupted possession during 10 years following the adage « someone who possesses something for 10 years it is theirs ». Unregistered buildings are not listed at the Property Conservation Agency (Conservation Foncière).

Caution must be taken with a Melkia property:

-Be certain of the number of persons who could have ownership, this type of property can have several heirs who do not know each other.
-Each heir must be present at the time of the sale.
-Verify the geographic location of the property.
-Be sure that the surface indicated is exact.

It must be known that to register a « Melkia » property can be long and above all a possible source of additional costs. It is advised to think it through before taken on such an acquisition. You must have access to funds to enable you to proceed towards a reservation and a registration of the property with a deposit at your notary.

The ownership of a « Melkia » property can be transferred in various ways:

1- By the âadoulaire act (Dahir February 7, 1944).
2- By registered act (article 489 Doc).
3- By act passed with a notary (article 531 Dahir May 4,1925)

« Guiche » property

Plots that you can acquire the right of usage but you cannot acquire the ownership since it is owned by the State.

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