Land Title or Unregistered Melk Land: Why the Difference Can Cost You Dearly

In the Agadir, Inezgane and Chtouka Ait Baha area, a large share of the land disputes we handle have the same origin: a property whose legal status was not checked, or was misunderstood. A registered plot and an unregistered melk plot may look alike on the ground; legally, they offer very different levels of security. Here is why.

The land title: maximum security

A registered property has a land title (titre foncier) kept by the land registry. The title describes the property (area, boundaries, plan) and records its owner and every right attached to it: mortgages, easements, attachments and co-owners’ rights.

Two principles make it a highly protective tool:

• the land title is final and unchallengeable: it is the sole starting point of rights over the property;
• a right that is not recorded on the title does not exist as against third parties. A buyer who relies on the title is therefore protected.

In practice, before any purchase, gift or loan, you request a recent property certificate reflecting the state of the title on the day of the request.

Melk land: ownership based on deeds and possession

An unregistered property, commonly called “melk”, has no land title. Ownership is established by deeds drawn up by adouls (title deed or moulkia, successive deeds of sale, certificates of heirship) and by peaceful, continuous possession.

This system carries several risks:

• boundaries and area are often imprecise;
• several people may claim the same land on the basis of different deeds;
• a deed of sale alone does not prove that the seller actually owned the land;
• heirs of former owners may resurface years later.

Buying melk land is not prohibited, but it requires a thorough investigation: examining the whole chain of deeds, checking possession on site, the neighbours and the plans, and ideally starting a registration procedure.

In between: the registration application

A property may be in the process of registration. The procedure, governed by land legislation reformed in 2011, includes:

1. filing a registration application with the land registry, together with the deeds proving ownership;
2. publishing the application and having the land surveyed and marked out;
3. a period during which third parties can lodge objections;
4. if an objection is maintained, the file is referred to the court, which rules on the rights claimed;
5. issuing the land title.

Buying a property under registration is possible, but you must check how far the procedure has gone and whether there are any objections.

Land with a special status

In the Souss as elsewhere, some land is subject to specific rules: collective land, habous (religious endowment) property, public or forest land, and agricultural land subject to acquisition restrictions. Transfers are regulated and sometimes impossible. Checking in advance avoids buying property the seller had no right to sell.

Land fraud: a real threat

Cases of land fraud do occur: forged deeds, forged powers of attorney and identity theft, particularly targeting elderly owners or owners living abroad. A few precautions:

• check the status of your land title regularly;
• do not hand over original documents unnecessarily;
• give powers of attorney limited in purpose and duration;
• act immediately if a suspicious entry appears, with a criminal complaint and court action.

Moroccans living abroad are particularly exposed: see our guide to handling a legal matter in Morocco remotely.

Why register melk land?

Registration secures ownership, makes selling easier, allows a mortgage to be obtained and simplifies passing the property to heirs. It has a cost and takes time, but it often avoids much longer lawsuits. For inherited property, it can be started once the certificate of heirship has been drawn up: see inheritance and division in Morocco.

A land law lawyer in the Souss region

The office of Maître Said Laachili handles land matters in Agadir, Inezgane, Biougra and across the region: pre-purchase checks, objections to registration, ownership claims, boundary disputes and action against land fraud, as part of its real estate law and civil law practice. Before buying, read our guide to buying property in Agadir, and if you are buying new, buying off-plan.

Unsure about the status of a plot? Ask for a check.