Real estate and land law

Article 4 of Law No. 39-08 on the Real Rights Code requires, on pain of nullity, that deeds transferring ownership be drawn up as an authentic deed (by a notary or adouls) or as a deed with a certain date drafted by a lawyer admitted before the Court of Cassation. Even where a notary drafts the deed, a lawyer can advise you beforehand, check the land title and negotiate the terms of the preliminary agreement.

For a residential lease governed by Law No. 67-12, the landlord first sends a formal notice to pay, and may then go to court to obtain payment of the rent, termination of the lease and eviction. The exact procedure depends on the contract and the situation. Eviction can only be carried out under a court decision, by a judicial officer: taking the law into your own hands is prohibited.

Off-plan sales are governed by Law No. 107-12, which requires a written contract specifying, among other things, the delivery date and the guarantees. In the event of delay, the buyer may, depending on the contract and the law, seek performance, compensation for the delay or cancellation of the sale with a refund of the sums paid. Gather the contract, payment receipts and correspondence with the developer before taking action.

A registered property has a land title held by the land registry: the rights entered on it are enforceable against everyone and the title is final and cannot be challenged (dahir of 12 August 1913 as amended by Law No. 14-07). An unregistered property relies on deeds, often drawn up by adouls such as the melkia, whose value can be disputed. Before buying an unregistered property, it is wise to have the deeds checked and to consider applying for registration.