In the Marrakech medina, many riads are not registered. Their ownership rests on an adoulaire deed, the “melkia”, rather than on a land title (titre foncier). This is not necessarily a problem, but it is something to understand before buying, selling or applying for a loan. Here is how registration works, according to the official texts.
Two property systems in Morocco
- The registered system (titre foncier): the property is recorded at the land registry (Conservation foncière), run by the national land registry agency, ANCFCC. Its title states the owner, the surface, the boundaries and any charges (mortgages, easements).
- The unregistered system (melkia): ownership is proven by deeds drawn up by adouls (traditional notaries), often based on witness statements and peaceful possession of the property. There is no central register guaranteeing these rights.
Why a land title changes everything
The reference text is the dahir of 12 August 1913 on the registration of real property, as amended by law 14-07. Its article 62 is clear: the land title is “final and unassailable”. It becomes the sole starting point for rights over the property. Rights that do not appear on it are extinguished.
Article 64 adds that no action can be brought against the property itself on the grounds of a right harmed by registration. The injured party can only claim damages, in the event of fraud.
In practice, for a buyer, a titled riad offers:
- certainty about the owner’s identity and the charges on the property;
- a surface and boundaries defined by a plan;
- access to bank lending, as the bank can register a mortgage;
- an easier resale and, generally, a higher value.
The registration procedure, step by step
- The registration requisition. The owner (or co-owners) files a signed application with the land registry, with the deeds proving ownership (melkia, purchase deeds, inheritance deeds), a description of the property and its estimated value (articles 10 to 14 of the dahir).
- Publication. Within ten days, an extract of the requisition is published in the Official Bulletin. Within the following two months, a notice sets the date of the boundary survey (article 17).
- The boundary survey. A sworn surveyor visits the site, with the applicant and the summoned neighbours, and marks out the property. He draws up minutes and a plan (articles 19 to 21). If the applicant is absent without valid excuse, the requisition may be cancelled.
- The objection period. A notice closing the survey is published in the Official Bulletin. From that publication, anyone claiming a right has two months to file an objection (articles 23 and 24).
- Issuing the title. With no objection, and if the file is complete, the registrar registers the property within three months after the end of the period (article 30). If an objection is not withdrawn, the file goes to the court of first instance, which decides (articles 31, 32 and 37).
How long does it take and what does it cost?
ANCFCC indicates a processing time of about twelve months when the file meets no objection or survey difficulty. If an objection goes to court, allow several years, including appeal.
Land registry fees for a registration requisition are set by Decree no. 2-16-375 of 18 July 2016: 1% of the property’s value, plus a 500 DH publicity fee, a 100 DH fixed fee and a surface fee of 50 DH per are in urban areas, with a minimum charge of 1,000 DH. In compulsory registration zones, the rate is reduced to 0.5%. The surveyor’s fees and, where applicable, a lawyer’s are added. These costs are borne by the applicant (article 51 of the dahir).
Difficulties specific to medina riads
- Multiple heirs: a family riad often belongs to many heirs. All must be identified and agree, or be represented.
- Interlocking boundaries: party walls, rooms built over an alley or a neighbouring house, connecting terraces. The survey often reveals such situations.
- Old or incomplete deeds: melkias that are vague about surface or boundaries, poorly linked successive deeds.
- Objections from neighbours: common in such a dense urban fabric, even if sometimes unfounded. The law provides a fine of at least 10% of the value for abusive or bad-faith objections (article 48).
Buying an untitled riad: how to protect yourself
Buying a riad held under melkia is still possible and sometimes attractive, since the price reflects the situation. But you need to organise it:
- have the melkia and the chain of deeds analysed by a notary or a specialised lawyer;
- check whether a registration requisition is already under way, and at what stage;
- include conditions precedent and a timetable in the preliminary contract, for example the seller filing the requisition;
- have a surveyor measure the property before signing, to compare the actual surface with that in the deeds;
- negotiate the price taking into account the cost, time and risk of a procedure.
The transaction itself must be concluded by an official deed (notary, adouls or authorised lawyer), as required by the Real Rights Code (law 39-08). See the full list of checks before buying a riad.
Selling a riad under melkia: should you register first?
It is not compulsory, but it is often a good calculation. A titled riad sells more easily, to more buyers (including those using bank finance), and generally at a better price. If the sale cannot wait, a requisition already filed reassures the buyer and allows the next steps to be framed in the preliminary contract.
Conclusion
A melkia is not a deal-breaker, but it calls for method. Registration turns a contestable right into a “final and unassailable” title: it is the step that brings the most security, and often the most value, to a medina riad. Read also: buying a riad in Marrakech.
This article is provided for general information, based on the official texts cited. It does not replace the advice of a notary, a lawyer or the land registry on a specific file.
For advice tailored to your situation, contact me directly on WhatsApp (+212 6 61 07 49 33), Instagram (@abdel.laaouina) or LinkedIn (Abdelhadi Laaouina), or book a consultation.
Abdelhadi Laaouina, PhD, is a luxury real estate advisor at Morocco Sotheby’s International Realty in Marrakech. He specialises in luxury real estate in Morocco, and in Marrakech specifically, with a focus on riads, heritage properties, villas and hospitality investment, and brings more than 12 years of experience in real estate and hospitality.
Sources: Dahir of 12 August 1913 on land registration, as amended by law 14-07 (consolidated text, Adala portal of the Ministry of Justice); ANCFCC, formalities, documents, fees and timelines; ANCFCC, “Vos biens” guide; law 39-08 on the Real Rights Code.; ANCFCC, Decree no. 2-16-375 of 18 July 2016 setting land registry fees