A significant share of land in Morocco is not yet registered with the land registry. Ownership is proven by an adoul deed called a moulkia, drawn up on the basis of witness statements. The system works, but it offers far less security than a land title.
Registered or unregistered
A land title is final and cannot be challenged: the rights recorded in it are binding on everyone. A moulkia, by contrast, can be contested by someone claiming ownership, and the boundaries of the land are sometimes imprecise.
Risks for the buyer
- A claim by a third party or by forgotten heirs.
- Boundaries disputed by neighbours.
- Difficulty obtaining a loan, as banks usually require a land title.
The registration procedure
The owner files a registration application with the land registry. The application is published, the land is surveyed and marked out, and anyone who disputes it can lodge an objection within the legal time limits.
If there is no objection, or once objections have been decided by the court, the registrar issues the land title.
The firm's view
Before buying unregistered land, the deeds and the land must be checked; after the purchase, registration is the best investment.
Maître Malak Elimani assists buyers and owners, from checking the deeds to obtaining the land title. This article provides general information and is not a substitute for legal advice.
Reference texts
Further reading
- Real estate and land law
- Buying Off-Plan Property in Morocco (VEFA): Safeguards and Steps
- Unpaid Rent in Morocco: Recovering Arrears and Evicting a Tenant
- Buying registered property in Morocco: checks to make before signing
- Commercial leases: the tenant’s rights (Law 49-16)
- Remote working and the employment contract in Morocco: what to provide for
The information on this website is general and does not replace legal advice. Every situation requires an analysis of its own facts and documents.