Lawyer in Biougra and Chtouka Ait Baha: Land, Farm Work and Family Matters

South of Agadir, the province of Chtouka Ait Baha, with Biougra as its capital, is one of Morocco’s major farming areas: greenhouses as far as the eye can see, early vegetables and citrus for export, packing stations, but also inland villages and mountain areas. This economic and social reality gives rise to particular legal needs. Here are the main ones, and how to approach them.

Which courts?

Biougra has a Court of First Instance that hears many of the province’s first-instance cases, particularly family and civil matters. Depending on the dispute, other courts may have jurisdiction: the Agadir Commercial Court for disputes between businesses, the Agadir Administrative Court for disputes with the authorities, and the Agadir Court of Appeal for appeals. Identifying the competent court is the first step in any case.

Land: at the heart of disputes

Unregistered land and old deeds

Much of the region’s land is unregistered or rests on old deeds drawn up by adouls. Boundary disputes, competing claims, the same plot sold several times and family divisions never properly settled are common. Before any purchase or investment, a thorough check is essential: see land title or melk land.

Agricultural and collective land, and renting plots

Acquiring agricultural land is subject to specific rules, especially for foreign nationals, and some land falls under special regimes (collective land). Renting land to set up greenhouses is also common: a written contract specifying the term, the rent, the use of water and what happens to the installations at the end of the lease avoids many disputes.

Inheritance

In many families, land passes from generation to generation without any formal division. The heirs, sometimes living in Agadir, Europe or elsewhere, end up as co-owners. See inheritance and division in Morocco.

Farm work

The region’s farms and packing stations employ thousands of men and women, often seasonally. The most frequent legal questions concern:

• employment contracts and the status of seasonal workers;
• compliance with the minimum wage applicable to agriculture and payment for hours worked;
• registration with the CNSS (social security);
• workplace accidents, including during the transport of workers to the farms;
• dismissals and the end of seasons.

Employers and employees alike benefit from knowing their rights and obligations: see our employment law practice.

Road accidents

The roads linking Biougra with Agadir, Inezgane, Ait Baha and the farms carry heavy traffic, including vehicles transporting workers. After an accident, victims and their families are entitled to compensation under a precise legal regime, dealing with insurance companies. See accidents and insurance.

Family matters

Divorce, maintenance, child custody and recognition of marriage: family cases are numerous in the province, as everywhere. Our complete guide to divorce in Morocco and our article on child custody and maintenance answer the main questions.

Investors and agricultural businesses

Setting up a farming company, contracts with exporters and packing stations, debt recovery and land leases: the business side of agriculture is essential. See setting up an SARL and the essential clauses of a commercial contract.

Frequently asked questions

Must a seasonal farm worker be registered with the CNSS?

In principle yes: agricultural employees, including seasonal workers, must be registered by their employer. Failure to register deprives the worker of important rights and can be challenged.

Can a foreign national buy agricultural land near Biougra?

The acquisition of agricultural land by foreign nationals is subject to restrictive rules. Other options, such as a long-term lease, can be considered and must be assessed case by case.

How can family land be divided when some heirs live abroad?

Through an amicable division in which absent heirs sign a power of attorney or, failing that, a court-ordered division. Registering the land first often makes things easier.

Are workers injured while being transported to the farms compensated?

Yes, depending on the circumstances, under the rules on workplace accidents and road accidents. The police report, medical certificates and proof of the link with work must be gathered quickly.

A lawyer for Biougra and Chtouka

The office of Maître Said Laachili, based in Inezgane right by the road to Biougra, acts for families, workers, farmers and businesses in Biougra and the province of Chtouka Ait Baha, and before the courts of Agadir and Inezgane, in real estate law, employment law, family law and accidents. For an overview of the region, read lawyer in Agadir: the guide.

Do you have a case in Biougra or Chtouka? Contact the office.