Inheriting land and dividing it: undivided ownership, plot division, separate titles

Undivided ownership: everyone owns everything, in shares

When land passes to several heirs, it falls into undivided ownership (indivision, الشياع): each heir holds an undivided share (part indivise, حصة شائعة), for example a quarter or an eighth, calculated according to the inheritance rules of the Family Code. But none of them can claim a particular corner as their own until the partition has been carried out.

The Real Rights Code (Law No. 39-08) lays down two simple rules. First, undivided co-owners may divide as they see fit if they are unanimous, provided they comply with the law and regulations (Article 25). Second, “No one may be compelled to remain in undivided ownership” (our translation): any heir may request partition (Article 27). The heirs may, however, agree in writing to remain in undivided ownership for a fixed period, and the court may end this agreement before its term for a legitimate reason.

The Code also provides for a provisional partition (partage provisionnel, Articles 327 and 328): the heirs share out the use of the land, in time or in space, without dividing ownership. This gives no one a title to their part.

First step: the deed of inheritance and entry on the title

Everything starts with the deed of inheritance (acte d'hérédité, رسم الإراثة), drawn up by adouls (notaries under Islamic law, العدول). It records the death, names the heirs and sets each person's share. Like all adoul deeds, it must be approved by the judge responsible for authentication (قاضي التوثيق). The adoul profession is now governed by Law No. 51-26, published in Official Bulletin No. 7533 and applicable 90 days after its publication: it replaces Law No. 16-03, maintains this approval and extends electronic recording of deeds to all cases. Ask the adoul for the exact list of documents: they depend on the family situation.

If the land is titled, this deed is not enough to make the heirs owners in the eyes of third parties. Article 82 of the Dahir of 12 August 1913 provides that the heirs submit to the land registrar (conservateur) an application for entry (réquisition d'inscription) supported by the documents proving the transfer in their favour, and that these documents must state each person's share. Land registry fees are paid according to the scale in force.

Do not let this step drag on. Under Article 19 of Decree No. 2-13-18, a right can only be entered if it derives from the previously registered holder. As long as the title remains in the name of the deceased, no heir can properly sell or divide; and if an heir dies in turn, a second deed of inheritance will be needed.

Before taking any step, request a recent certificate of ownership: it shows who is registered on the title and the charges (mortgage, attachment, prénotation) that will follow the lots after the partition. See the guide ANCFCC services.

Selling your undivided share: the pre-emption right (chefaa)

An heir may sell their undivided share without waiting for the partition. But their co-owners benefit from pre-emption (préemption, الشفعة): they may buy back the share sold to the purchaser by reimbursing the price, the contract costs and the necessary and useful expenses (Real Rights Code, Article 292). Among heirs, the order is set by Article 297: the seller's co-owner in the same inheritance share comes before the other heirs, followed by legatees, then third parties.

The time limits are set by Article 304:

• With notification: after the entry of the purchase on the title (or its filing on the registration application), the purchaser may notify a copy of the contract to each person entitled. That person must exercise pre-emption within thirty clear days of receipt, made to them in person.
• Without notification: the right lapses after one year from the entry (titled land), from the filing (land undergoing registration) or from knowledge of the sale (unregistered land).
• Sale not known: in all cases, pre-emption lapses after four years from the conclusion of the contract.

The person exercising pre-emption must buy back the whole of the share sold (Article 296) and apply to the president of the court of first instance under Article 306. There is no pre-emption on a gift, except in the event of fraud, nor on a share sold at public auction (Articles 302 and 303).

If you are buying an heir's share, offer it first to the co-heirs or have your contract notified as soon as it is entered: otherwise, the purchase remains exposed for one year, or even four.

Amicable partition or court partition

Partition (partage, القسمة) ends undivided ownership: each person becomes the exclusive owner of a part (Article 313). It is valid only if the property can be divided and each lot retains its usefulness (Article 314).

• Amicable partition: all the heirs agree on the lots and their allocation. The deed is drawn up by an adoul, a notary or a lawyer accredited to the Court of Cassation (form required by Article 4). If there are real rights over the land, such as a mortgage, their holders must approve it (Article 321). An heir who has suffered a loss of at least one third, or whose consent was vitiated, may apply for annulment within one year of the partition (Article 315).
• Court partition: failing agreement, an heir brings the matter before the court. The action must be directed against all the co-owners and be subject to a prénotation if the land is titled (Article 316). The court forms the lots on the basis of the smallest share, with valuation and a balancing payment (soulte) if necessary, allocates them by drawing lots and rules on the basis of a plan drawn up by a topographic expert that sets the location, boundaries and area of each lot (Article 317).
• Sale at auction: if the land cannot be divided in kind, or if partition would be contrary to laws and regulations or would cause a significant loss of value, the court orders a sale at public auction (Article 318). The price is then distributed among the heirs.

Remember the words “contrary to laws and regulations” (our translation): a division refused under the urban planning rules may lead to the sale of the whole plot. Study the division options before starting legal proceedings.

Plot division after Law No. 34-21

Law No. 25-90, as amended and supplemented by Law No. 34-21 (Official Bulletin No. 7533 of 10 August 2026), distinguishes two cases. If the lots are intended for building, division by sale, lease or partition constitutes a subdivision (lotissement) (Article 1), subject to a subdivision authorisation (autorisation de lotir), with roads and utility networks: see the guide Subdivision. If the lots are not intended for building, this is a plot division (morcellement, تقسيم العقارات).

Under Article 58 as reworded, a prior plot division authorisation (autorisation préalable de morcellement) is required in municipalities whose urban perimeter covers the whole territory, in delimited centres, their peripheral zones, special-purpose zones and any zone covered by an approved urban planning document, for:

• any sale or partition whose purpose or effect is to divide land into two or more lots not intended for building;
• any sale of land not intended for building to several persons in undivided ownership, if at least one of the purchasers obtains a share whose equivalent area is less than the minimum set by the urban planning document, or than 2,500 m² if that document sets nothing.

The exemptions provided for by the new text concern public land (State, local authorities, soulaliyate communities) and plots transferred to the State or to local authorities. A partition among heirs is not one of them.

The authorisation is issued by the president of the municipal council. It is deemed granted if he has not ruled within 30 days of the filing of the application (Article 59). Note: Article 60, which the reform did not amend, declares the application inadmissible if the land is in a building zone; the operation then falls under the subdivision rules.

Finally, Article 61 prohibits adouls, notaries, land registrars and the registration services (services de l'enregistrement) from drawing up, receiving or registering a deed of sale or partition covered by Article 58 without the authorisation, or without a certificate from the president of the municipal council establishing that the operation does not fall within the scope of the law. Since Law No. 34-21, this certificate requires the prior agreement of a committee bringing together the urban planning agency (agence urbaine), the municipality and the prefecture or province. The deed must mention one or the other (Article 62).

Inherited land without a title (melkia): divide or register first?

If the land rests on a melkia or on adoul deeds, two paths are possible. The Real Rights Code and Law No. 25-90 apply in both cases: unanimous or court partition, pre-emption, plot division authorisation in the zones concerned.

• Divide, then register: the heirs divide by adoul or notarial deed, then each files a registration application for their lot. This is flexible, but each heir bears a full procedure (publication, boundary marking, objections), and a boundary error between lots may resurface during boundary marking.
• Register in undivided ownership, then divide: a co-owner may apply for registration, subject to the pre-emption right of their co-owners (1913 Dahir, Article 10). Once the title has been established in the name of all, the plot division takes place on a secure basis, with one title per lot (Article 54). It is often longer at the outset, but the boundaries are cleared once and for all.

The right choice depends on the area, the number of heirs, how well they get on and the urban planning zone. See the land registration guide and Melkia or land title.

The work of the surveying engineer

The surveying engineer registered with the National Order of Surveying Engineers (Ordre national des ingénieurs géomètres-topographes, ONIGT) is involved at three points. He drafts neither the deed of inheritance nor the deed of partition, and does not settle disagreements between heirs.

• Before the agreement: survey of the land, checking of the boundary markers against the title plan, division proposals that respect the shares, the access of each lot and the urban planning rules.
• For the authorisation and the deed: plot division plan showing the location, boundaries and area of each lot, which the adoul or the notary incorporates into the deed.
• For the titles: boundary marking of each lot on the ground and technical file (title plan and boundary marking report signed by the parties) filed with the cadastre department, which checks and approves it (Decree No. 2-13-18, Article 17). The land registrar then establishes a separate title and plan for each lot; the original title may be kept for the remaining part (1913 Dahir, Article 54).

The various plans are presented in Cadastral plan, title plan, topographic plan.

Common pitfalls

• The heir living abroad: they may sign by power of attorney, but it must comply with the form required by Article 4 of the Real Rights Code. Have the template approved by the adoul or the notary before sending it to the consulate.
• The minor or protected heir: they are represented by their legal representative, who acts under the supervision of the guardianship judge (juge des tutelles). Allow for this time.
• The landlocked lot: if the partition leaves a lot with no access to the public road, its owner can only claim a right of way over the other lots resulting from the division (Real Rights Code, Article 65). Plan access in the plan from the outset.
• The minimum area: a division that produces lots or shares below the minimum of the urban planning document, or below 2,500 m² failing that, will be refused.
• The house already built by an heir: building on undivided land does not make the builder owner of the ground. The matter is settled in the partition (allocation of the built lot to the person who built, with compensation) or before the judge. Have the building surveyed before negotiating.

Example in Fez: four heirs to a titled 1,800 m² plot on the outskirts. The deed of inheritance is entered on the title; the engineer checks the boundary markers, consults the urban planning document and proposes a division with a shared access way; depending on the zone, the family applies for a plot division or subdivision authorisation; the notary then draws up the partition and the engineer files the technical file for the four titles. Ellipsoide can handle the topographic part (inheritance and division).

Frequently asked questions

Official sources

• Law No. 39-08 on the Real Rights Code (Official Bulletin No. 7158, French translation) — Official Bulletin, reproduced by FAOLEX (FAO)
• Dahir of 12 August 1913 on land registration, amended and supplemented in particular by Law No. 14-07 (consolidated version) — Ministry of Justice (Adala)
• Decree No. 2-13-18 of 14 July 2014 on land registration formalities — ANCFCC
• Law No. 25-90 on subdivisions, housing groups and plot divisions (original 1992 text, before Law No. 34-21) — Ministry of Justice (Adala)
• Law No. 34-21 amending and supplementing Law No. 25-90, promulgated by Dahir No. 1-26-61 of 28 July 2026 (Official Bulletin No. 7533 of 10 August 2026, Arabic edition) — General Secretariat of the Government (Official Bulletin)
• Roll of registered surveying engineers — ONIGT
• Law No. 51-26 on the organisation of the adoul profession (Official Bulletin No. 7533, 2026) — Le360, 17 August 2026

This guide provides general information, up to date as of the date shown. It does not replace the official texts or a professional review of your file. Ask us about your situation.