Land Titling of a Property Under the Melkia Regime in Marrakech: Guide to Securing Your Real Estate Property

Real estate in the Marrakech medina is a particularly attractive market, especially for investors looking to acquire riads or other historical properties. However, there is a major challenge to securing these acquisitions: the Melkia land tenure regime. For a property under Melkia to be completely secure and fully transferable, it must be titled, which involves going through a land titling process.

At Beldi Property, although we are not experts in these procedures, we have a strong network of accountants, lawyers, notaries, and contacts at the Land Registry, enabling us to provide our clients with reliable support throughout this process.

This article explains the crucial steps of land titling and how Beldi Property can assist you with these procedures.

1. Understanding the Land Titling of a Property

Land titling is the process of converting a property under the Melkia system (an ancient property ownership regime based on traditional notarial deeds) into a property benefiting from an official land title. This title is issued by the National Land Registry Agency (ANCFCC), and it represents full legal recognition of property ownership. Land titling is essential for securing the investment, particularly for future transactions and access to bank financing.

Why is Land Titling Crucial for an Investor?

Melkia properties do not have official land registration with the Land Registry, making them difficult to sell and potentially vulnerable in the event of a dispute. Land titling therefore secures a property, making it suitable for sale, resale, and transfer with full legal certainty.

2. The Role of the Istimrar in the Land Titling Procedure

One of the most specific and complex steps in Melkia titling is the Istimrar. This procedure is requested based on the decision of the Land Registry, which determines whether it is necessary.

The Istimrar consists of gathering 12 witnesses who know the property, the selling family, and its neighbors, to attest before an Adoul (a public notary) and the court to certain specifics regarding ownership.

How the Istimrar unfolds depends on the age of the Melkia document:

• For an old Melkia, it is not necessary to request an administrative certificate from the various authorities. Gathering the witnesses to attest to ownership is sufficient.
• For a recent Melkia (less than 10 years old), the procedure includes an additional step: submitting the file to the neighborhood Caïd to obtain an administrative certificate. This certificate aims to officially validate ownership with local authorities before the meeting of the witnesses.

The steps of the Istimrar can therefore be summarized as follows:

1. Submission of the file to the Caïd and application for an administrative certificate (if necessary): The Caïd initiates the routing of the file through administrative departments to obtain the validation required for a recent Melkia.
2. Meeting of witnesses: 12 people attest to the ownership and its history before an Adoul.
3. Official validation: Following the witness meeting (and, if applicable, the administrative certificate), the Istimrar allows official recognition of the property by the land authorities.

The Istimrar is therefore essential to ensure that a Melkia property is definitively recognized, while adapting the procedure to the age of the land document.

3. Preliminary Agreement with Conditions Precedent: Additional Security

At Beldi Property, we always offer our clients a preliminary agreement with conditions precedent before a notary. This ensures that the final deed of sale will only be signed when all necessary conditions are met, and above all, once the requisition number has been obtained from the Land Registry.

This guarantees the buyer a secure real estate purchase in Morocco, as the deed of sale can only be finalized once the requisition number is received. This preliminary agreement suspends the sale until all administrative procedures have been settled.

4. Boundary Surveys and Publication of Property Rights

Once the requisition number is issued, the property enters a boundary survey process. This procedure is a crucial step in land titling and is divided into two main stages:

First Boundary Survey (± 3 months after requisition):

The first boundary survey consists of marking the facade of the property. This marking is carried out by the land administration and is subject to a publication period of two months. During this period, heirs or any other person claiming rights to the property may file an opposition to the titling.

Second Boundary Survey (± 6 months after requisition):

Three months after the first survey, a second boundary survey takes place, along with other administrative formalities. This step is followed by a new publication period allowing anyone with claims to the property to object. It is at this point that the opposition period comes to an end, and ownership becomes indisputable once this final publication period is complete.

5. Other Means of Protection: Private Agreements

In addition to official administrative procedures, there are other private means of securing a transaction. For example, a private agreement legalized at the prefecture between the seller and the buyer can provide an additional guarantee prior to final registration.

6. Who Handles the Procedures?

It is important to note that the land titling process, including the Istimrar and associated administrative procedures, is carried out by the seller's family, and the fees associated with these procedures are borne by the buyer. Although Beldi Property is not an expert in these specific procedures, we provide you with a network of competent professionals, such as lawyers, accountants, notaries, and contacts at the Land Registry, who can guide you throughout the process.

7. Cost Estimation for Land Titling

It is impossible to provide an exact cost estimate for land titling procedures, as it depends on several factors, such as the surface area of the property, the complexity of the file, and the specific land regulations for each property. Costs therefore vary from case to case, and the procedure is truly on a case-by-case basis.

Conclusion: A Secure Investment with Beldi Property

Acquiring real estate in the Marrakech medina under the Melkia regime may seem complex, but with the right guidance and our network of partners, it is possible to secure your investment. At Beldi Property, we offer personalized support to help you navigate administrative procedures while ensuring the security of your real estate property in Morocco.

If you are ready to take the step toward a secure investment, contact us to discuss the steps and ensure that your investment is completed under the best possible conditions.