In short
The Real Rights Code brings together the rules on ownership of real estate and other rights over property: usufruct, easements, mortgages, joint ownership, the right of pre-emption (chefaa) and gifts. It applies to both registered and unregistered property. This is an unofficial explanatory note; only the Arabic text published in the Official Bulletin is authoritative.
Who this law applies to
The Code concerns any owner, buyer, heir, co-owner or creditor who holds or claims a right over property in Morocco. For registered property, it operates alongside the land registration legislation, which prevails where it contains a special rule.
The key rules
- Transactions that transfer, create or modify a real right over property must be made by authentic deed (adouls or notary) or by a deed with a certain date drawn up by a lawyer admitted before the Court of Cassation (Article 4), failing which they are void.
- Ownership gives the owner the right to use, enjoy and dispose of the property, within the limits set by law.
- Where property is held jointly, each co-owner may in principle request partition, and the others may in some cases exercise a right of pre-emption (chefaa) when a share is sold to an outsider.
- A gift of real estate (hiba) is subject to its own formalities and taking-possession requirements.
- For unregistered property, peaceful and continuous possession may establish ownership under the conditions set by the Code.
Key deadlines and figures
- The right of pre-emption (chefaa) must be exercised within short time limits, running in particular from notification or knowledge of the sale.
- The length of possession required for unregistered property varies according to the relationship between the possessor and the owner.
- Powers of attorney concerning property rights must also be in authentic form since the 2017 reform.
- Every entry on a land title must follow the deadlines and formalities of the land registry.
What it means in practice
A simple private agreement is not enough to buy, sell or give away property: you must use a notary, adouls or a qualified lawyer. This rule protects against dubious sales and fraud.
For heirs, the Code provides the tools to end joint ownership, sell a share or exercise a right of pre-emption, situations that frequently arise after an estate is opened.
Reforms and recent developments
The Code was enacted in 2011, the same year as Law No. 14-07 on land registration. It was amended in 2017 as part of the fight against property fraud, notably to require authentic form for powers of attorney concerning property rights.
When to consult a lawyer
Before buying unregistered property, in a dispute between heirs over jointly owned property, to exercise or contest a right of pre-emption, or if you suspect a deed has been fraudulently drawn up over your property.
Explanatory note prepared by the firm and unofficial translation. Only the text published in the Official Bulletin is authoritative. The information on this website is general and does not replace legal advice. Every situation requires an analysis of its own facts and documents.