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The Moroccan state continues, since 1913, the construction of the national land book. Real goods such as ''melkia'' left their Koranic statute (empire of the Moslem right) and transferred towards the modern right. They become titled, unattackable and final real goods. This procedure allows the establishing of a land title registered to the Land Office.
This registration is optional. However, if a requisition was deposited (request of registration), it cannot be withdrawn. It becomes obligatory when there are a trading, a sale of the real goods, of seizures of property and advised at the time of transfers. The procedure of registration of the real goods is governed by the Dahir of the 9 Ramadan 1331 (August 12, 1913). We propose to you a generalized analysis of this law.
The registration has the aim of placing the real estate which was submitted to the Ancien Régime under the mode of the dahir of the 9 Ramadan 1331. A conservative of the landed property and mortgages, present at the chief town of each court of first authority, are in charge of the behaviour of the land register relating to the district of the court and the accomplishement of the formalities and the procedures prescribed for the registration of the buildings.
The requisition or requires of registration :
According to the law text number 10 of the Dahir of the 9 Ramadan 1331, it can be required by any person having a direct bond with the real good (owner, joint owner, usufructuary, creditor...). The request lodged to the Land Registry must be composed of further informations about the identity of the applicant person, the situation of good concerned etc... (law text number 13 and following).
Publications, provisional demarcation and plan :
In the ten days of the deposit of the requisition, the Land Registry draws up an extract and writes an opinion indicating of it the day and the time to which the provisional demarcation must take place. A demarcation is generally the delimitation of a real estate determining the surface, the limits... of the building, carried out by an expert geometrician working for the Land Registry, sworn in topographic service. The extract of the requisition and the notice of the provisional demarcation are published in the '' Bulletin Officiel '', are also sent to the judge of first authority, to the caïd and the cadi.
The provisional demarcation is carried out at the date envisaged in the presence of the convened people (applicant, owner not requiring, owners bordering on the property, intervenants/opposants). The Land Registrary or his delegate notes the fact and the possession period, the inventory of the places and carries out all the other useful observations and investigations. The geometrician draws up a plane called summary plan of provisional demarcation.
The Land Office draws up a Verbal Lawsuit of provisional demarcation if the applicant or his agent was present at the convocation.
This statement is signed by the conservative, by all the intervening parts and if it is necessary, mention is made that a party refuses to sign in the event of disputes and or oppositions.
If the applicant wasn't present at the convocation of the demarcation, the requisition is regarded as not-avenue and the procedure classified without continuation.
Oppositions to the effective demarcation:
The land registrar makes publish and post a notice specifying that during a two months deadline to be counted of the publication of this opinion to the ''Bulletin Officiel'', all people wanting to make an opposition against this registration and having interest to do it, can make of it the request to the Land Registry, the office of the caïd (president of the Communal council) and of the cadi (court of first authority).
Passed this two months deadline, no opposition could be emitted. Thereafter, a notice of closure of the provisional demarcation is published in the ''Bulletin Officiel'', the demarcation becomes effective then. The oppositions answer various basic conditions and forms.
These conditions are evoked in the Dahir of the 9 Ramadan 1331 (August 12, 1913).
The registration by the Land Registry :
After the expiration of the deadlines and after having noted the accomplishement of all regulations intended to ensure the publicity of the procedure, and the execution of the regular demarcation, the land registrar can proceed to the registration of the real property on the land book if he notes that all is regular and no opposition is produced.
If oppositions were formulated and no conciliation has been made between the applicant and the opposant, the judge of the oppositions must have to rule and slice the litigations. In this case, a legal procedure is opened, and the procedure of registration will be slowed down.
The document of title :
Each registration gives place to the establishement, by the lans registrar, of a land title including:
the detailed description of the property with its limits, its holding and bordering, its nature and its capacity
the detail of the civil residence and the identity of the owners, etc...
real estate rights of the building... This title is established in French; there is a number and a particular name. The plan of the building is annexed there.
Effects of the registration :
The land title is final and unattackable. It forms the single starting point of the real rights and the land loads existing on the building, at the moment of the registartion.