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Useful infos

Various types of goods presented in Morocco

Land regime is dual in Morocco because there is a cohabitation between the traditional right which is the Muslim right and the contemporary right, inspired by the Western juridical regime such as the Austrian right or else Napoleonic right (French).

 

So it is strong to determine the multitude of existing legal nature, relating to the origins of the goods which one can acquire in Morocco.

 

Therefore it is highly recommended to all investors to enquire about the juridical nature of the good of which they want to acquire. In effect, some properties are still governed by the norms of the traditional right, requiring a particular procedure to subject them to the new regime, guarantying and assuring private ownership

 

Here is a list of various types of goods presented in Morocco:

 

"GUICHE":
It is a land or other goods that were given historically by the Sultans to returning soldiers from war or battles.  An asset '' guiche'' always belongs to the very State itself even if it was transmitted to the heirs.  In practice, a '' guiche'' cannot be sold, one can just benefit from a right of pleasure, by means of the tenancy.

 

Property belonging to the public domain:

There exist lands belonging to the Moroccan public domain which is to the State. These lands are fields covering certain forest, maritime domains where the construction is forbidden in order to protect environment or to be used by utility companies or reserved for the realization of plans led by the State. In general, these properties are inalienable

 

"MELKIA":

It is an act adoulaire, governed by the traditional laws of the Muslim right. Adoul is a sworn agent by the Ministry of Justice. In the past, adouls were sages, acting such as cadastral administration in villages. This customary practice consists of inventorying every owner and its properties by the adoul, on a register inscribed to the court adularia. Numerous are Moroccans who continue acquiring property "Melkia" by this practice; but this one is prohibited to foreigners even if they reside in Morocco. Besides, this juridical act is rather imprecise on elements relating to the property (surface, boundary marking, and situation).

 

"Melkia" is a good which is untitled, which is not inscribed to Land Conservation. A foreigner can therefore acquire an asset said "Melkia", but he will have to register it in Land Conservation (similar to the Office of the Land registry which we find in France). The state has instituted the conscription of the good, for it, a procedure, which allows the transformation to a titled good (boundary marking, titling, and registration).

 


The titled good or land title:

Titled property is property clearly defined, inscribed to Land register and to Land Conservation, one or several owners (s) are clearly identified (surfaces, boundaries, servitudes, and situation). Land title is a modern juridical document established in the name of the owner. It is self-sufficient in itself, is linked to no past: it is final and unimpeachable. It cancels any previous title and redemption which would not be mentioned. The title carries a number of orders, a special name and the building plan annexed to.  This important title is governed by the item 62 of the Dahir of 1913.  Our agency proposes exclusively goods already entitled or in demand, that is to say in assaying process. 

 

Agricultural land:
Foreigners are forbidden to buy agricultural terrain. The only way to legalize this is to change the judiciary status of the land by declaring it to be”non-agricultural” terrain.

 

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