Form of deeds
- Deeds transferring ownership, creating real rights or modifying them must, on pain of nullity, be drawn up as an authentic deed or as a deed with a certain date drafted by a lawyer authorised to practise before the Court of Cassation (Art. 4).
- The deed must be signed and initialled by the parties and the drafter, with the signatures certified.
Registration and effects
- Real rights over registered property exist with respect to third parties only through their entry on the land title (Arts. 65 and 66 of the 1913 Dahir).
- The land title is final and unassailable; the registered owner is protected against claims (Art. 2 of Law 39-08 and Art. 62 of the 1913 Dahir).
- A provisional entry (prénotation) (Art. 85 of the 1913 Dahir) makes it possible to preserve a right pending the outcome of a dispute or the completion of a formality.
Ownership and joint ownership
- Ownership confers the right to use, enjoy and dispose of the property (Art. 14).
- Partition of jointly owned property may be requested at any time; sale by auction where partition in kind is impossible (Art. 313 et seq. of the Code of Civil Procedure).
Security interests
- Contractual, statutory or judicial mortgage (Art. 165 et seq.); entry on the land title is mandatory.
- Ranking is determined by the date of entry.
Key articles
Art. 4
« All deeds relating to the transfer of ownership or to the creation, transfer, modification or extinction of other real rights must, on pain of nullity, be drawn up as an authentic deed or as a deed with a certain date drafted by a lawyer authorised to practise before the Court of Cassation, unless a special law provides otherwise. »
Art. 14
« Ownership of real property confers on its holder the exclusive right to use it, exploit it and dispose of it, within the limits laid down by laws and regulations. »
A lawyer's points to watch
- Never pay a deposit without a written preliminary sale agreement drafted by a professional and without a same-day certificate of ownership.
- Check that the surface area on the title matches reality, and check the easements and charges entered on it.
- For unregistered property (moulkia), prior registration or a registration application secures the purchase.
The English text on this page, including the quoted articles, is an unofficial translation. Information sheet prepared by Maître Lahfaia Law Firm, Rabat. It does not constitute legal advice. Only the text published in the Official Bulletin of the Kingdom of Morocco is authoritative; the articles cited may have been amended since this sheet was written.