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

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

At Beldi Property, although we are not experts in these procedures, we have a solid network of accountants, lawyers, notaries, and contacts at the Land Registry (Conservation Foncière), which allows us to offer our clients reliable support throughout this process.

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

1. Understanding Property Titling

Titling is the process of converting a property under the Melkia system (an old ownership system based on traditional notarized deeds) into a property with an official land title. This title is issued by the National Agency for Land Conservation, Cadastre and Cartography (ANCFCC), and it represents full legal recognition of property ownership. Titling is essential for securing the investment, particularly for future transactions and access to bank financing.

Why Titling is Crucial for an Investor

Melkia properties do not have an official registration with the Land Registry, making them difficult to sell and potentially vulnerable in the event of a dispute. Titling therefore secures a property, making it suitable for sale, resale, and transmission with complete legal security.

2. The Role of Istimrar in the Titling Procedure

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

The Istimrar involves gathering 12 witnesses who know the property, the vendor's family, and its neighbors, in order to testify before an Adoul (a public official) and the court regarding certain particulars related to the property.

The course of the Istimrar 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. It is sufficient to gather the witnesses to attest to the ownership.
• For a recent Melkia, meaning less than 10 years old, the procedure includes an additional step: submitting the file to the local Caid to obtain an administrative certificate. This certificate aims to officially validate the property with local authorities before the witnesses are gathered.

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

1. Submission of the file to the Caid and request for an administrative certificate (if necessary): The Caid initiates the circulation of the file among administrations to obtain the required validation for a recent Melkia.
2. Gathering of witnesses: 12 people attest to the property and its history before an Adoul.
3. Official validation: Following the gathering of witnesses (and, where applicable, the administrative certificate), the Istimrar allows the 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. The Compromise Agreement with Suspensive Conditions: Additional Security

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

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

4. Demarcation and Publication of Property Rights

Once the requisition number is issued, the property enters a demarcation (bornage) procedure. This procedure is a crucial step in titling, and it is divided into two main stages:

First Demarcation (approx. 3 months after requisition):

The first demarcation consists of marking the facade of the property. This marking is carried out by the land administration and is subject to publication for a period of two months. During this period, heirs or any other person with rights to the property may object to the titling.

Second Demarcation (approx. 6 months after requisition):

Three months after the first demarcation, a second demarcation takes place, accompanied by 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 procedure ends, and the ownership becomes indisputable once this final publication period is over.

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 legalized private agreement (sous-seing privé) at the prefecture between the seller and the buyer can constitute an additional guarantee before final registration.

6. Who Handles the Procedures?

It is important to note that the titling procedure, including the Istimrar and associated administrative steps, is carried out by the seller's family, and the costs related to 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. Estimation of Titling Costs

It is impossible to give a precise estimate of the cost of the titling procedures, as this depends on several factors, such as the surface area of the property, the complexity of the file, and the specific land regulations applicable to each property. Costs therefore vary from one case to another, and the procedure is strictly on a case-by-case basis.

Conclusion: A Secure Investment with Beldi Property

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

If you are ready to take the step toward a safe investment, contact us to discuss the procedures and ensure your investment is carried out under the best possible conditions.