For several years now, Morocco has put in place measures to facilitate and secure real estate investment by foreigners, without the need for them to reside in Morocco.
In order to take advantage of these incentives and facilitation measures, it is however advisable to be well accompanied in the acquisition process.
The land tenure system in Morocco is dual, as there is a cohabitation between traditional law, which is Muslim law, and contemporary law, which is strongly inspired by the legal systems that apply in European countries. In this particular context, it is important to note that the multitude of existing legal natures are related to the origins of the property that can be acquired in Morocco. In view of these particularities, investors are strongly advised to use the services of a real estate agency in order, firstly, to be offered properties whose legal nature does not restrict the completion of the acquisition process or, secondly, to be able to manage, where possible, the particular procedure aimed at transferring a property to the new regime which will guarantee private ownership.
“There is a cohabitation between traditional and contemporary law.”
Titled property is clearly defined property that is registered with the ANCFCC. Through this registration, the owner(s) are clearly identified, the areas, boundaries of the land, easements and precise location of the land are clearly defined. The land title is a modern legal title that is drawn up in the name of the owner of the property. It is self-sufficient and not linked to any past, and is therefore final and unassailable. The title has a serial number and a specific name and a plan of the property is attached to it. The legislation on land titles is governed by Article 62 of the Dahir of 1913. It should be noted that the Moroccan State has titled many properties in recent years and we can consider that the vast majority of properties located in urban areas (with the exception of the Medinas) are titled.
The property known as “Melkia” is governed by an adoul act governed by traditional Muslim law. Adouls are agents sworn in by the Ministry of Justice. They coexist with notaries. In the past, the Adouls were wise men, acting as a cadastral administration in the villages. This customary practice consists of the Adoul listing each property and its owners on a register registered with the Adoul court. Many Moroccans continue to acquire “Melkia” property through this practice. However, this practice is not open to foreigners, even if they are resident in Morocco. Moreover, this legal act is not precise enough on the elements relating to the property (surface, demarcation, location of the property). They therefore represent a certain risk. A so-called “Melkia” property is therefore a property that is not titled, i.e. it is not registered with the ANCFCC. If a foreigner acquires a Melkia property, he must register it with the ANCFCC. The procedure for this is the requisition of the property, which aims to transform the property into a land title.
The Requisition d’Immatriculation, is the administrative procedure that results in the registration and recording of your property on registers called land titles. An unregistered property cannot be purchased from a notary, so it is necessary to have this requisition of registration to proceed with the purchase of the property. This procedure allows you to protect your assets against any possible claims or eviction by third parties. In addition, you have the advantage of being able to determine the physical limits of the property precisely, its geographical location, its surface area and its consistency. If all the steps in the process are followed correctly, you can obtain your land title within a maximum of one year.
