Land and topographic expert assessment: what it is for, who can carry it out

What is a land or topographic expert assessment?

An expert assessment (expertise) is the technical opinion of a competent professional on a question of fact. In land matters, it answers specific questions:

• Where do the boundaries of this land lie, and are the boundary markers in their place?
• What is its actual area, and does it match the area in the land title or the deed?
• Does the neighbour's wall, fence or building encroach, and over what area?
• Is the building sited in accordance with the authorised plans (setbacks, alignment, footprint)?
• Does the occupied land actually match the parcel described by the title and its title plan (overlay of title and land)?
• What is the market or rental value of the property?

The first five questions fall under topographic expert assessment: you measure, calculate and compare with the official documents. The last falls under property valuation: a price is estimated from the market, the condition of the property and the urban planning rules. The same case may require both, for example a partition where lots must be formed and their values balanced.

Article 1 of Law No. 30-93 entrusts the surveying engineer (IGT) with the studies, operations, plans and documents relating in particular to cadastral surveys, to “the delimitation of landed property” and to “land expert assessment” (our translation). The National Order of Surveying Engineers (ONIGT) itself describes land expert assessment as a discipline covering the valuation of property, the analysis of its potential and technical opinions in land disputes.

Amicable or court-ordered expert assessment

An amicable expert assessment (expertise amiable, الخبرة الودية) is requested outside any lawsuit. It may be commissioned by a single person, for example a buyer who wants to check land before signing. It may also be commissioned by both parties together, for example two neighbours who want to put an end to a disagreement. In the latter case, both parties are summoned, attend the measurements and make their observations: the result is much harder to challenge afterwards.

A court-ordered expert assessment (expertise judiciaire, الخبرة القضائية) is ordered by the court, during a lawsuit, when the judge needs technical clarification. The judge defines the assignment and appoints the expert, who measures, hears the parties and files a report with the court. The Real Rights Code (Law No. 39-08) gives an example: in a court partition of undivided property, the court rules “on the basis of a plan drawn up by a topographic expert that sets the location, boundaries and area of each private share” (Article 317, our translation). See our guide to dividing an inheritance.

Court-appointed experts (experts judiciaires) are governed by Law No. 45-00 on court experts, which describes them as auxiliaries of justice and reserves these functions to persons entered on a roll of experts. This regime is being replaced: a new Law No. 01-24 on court-appointed experts was adopted by Parliament in 2026 and, according to the press, published in Official Bulletin No. 7533; it is to repeal Law No. 45-00 when it comes into force. Likewise, a new Code of Civil Procedure (Law No. 58-25) replaces the 1974 code; published analyses indicate that it comes into force on 24 August 2026. These reforms may change the article numbers and certain rules of court-ordered expert assessment: have your lawyer confirm which text applies to your case.

A court-ordered expert assessment cannot be ordered like a service: it is the court that orders it. However, nothing prevents you from having an amicable plan or report drawn up, before or during the lawsuit, by a registered surveying engineer, which your lawyer can produce.

Who can do what?

Several professionals are involved around the same piece of land. Each has their own role:

• The surveying engineer registered with the ONIGT measures, draws up the plans and carries out land expert assessment within the meaning of Law No. 30-93. Under Article 3 of that law, no one may practise this profession or bear this title unless entered on the roll of the Order. You can check this on the [roll published by the Order](https://onigt.org/onigt-tableau.php).
• The court-appointed expert is appointed by the court from among the experts entered on the official rolls, published by the Ministry of Justice. For a question of boundaries or area, the judge in practice appoints an expert in the topography speciality, often a surveying engineer.
• The valuer estimates the value of a property. For a loan, it is generally the bank that chooses the expert responsible for this valuation; ask the bank about its requirements.
• The notary, the adoul (notary under Islamic law) or the lawyer draw up deeds and advise on the law; the lawyer represents you in court.
• The land registrar (conservateur de la propriété foncière) keeps the titles and enters rights; the judge settles disputes.

A surveying engineer does not say who is right in law, and does not change a titled boundary: the engineer observes, measures and quantifies. Article 24 of Law No. 30-93 also requires the engineer to withdraw from any work connected with their personal or family interests.

When should you ask for an expert assessment?

• Before a purchase: check that the land shown matches the land title (boundaries, boundary markers, area) or, for land held under a melkia (customary ownership deed), survey the boundaries described in the deed. A discrepancy discovered before signing can be negotiated; afterwards, it has to be litigated. See Buying land and Melkia or land title.
• On an inheritance: draw up the plan of the undivided property, propose realistic lots in light of urban planning rules, and quantify the areas for an amicable or court partition.
• In a dispute with a neighbour: measure an encroachment, find missing boundary markers, date and document the situation on site. See our guide to boundary marking.
• For a building project: check the siting against the authorised plans and the boundaries of the land before the works go too far. See Building.
• For a bank loan: the bank may ask for a valuation of the property and, depending on the case, technical documents (plan, areas).
• In the event of expropriation in the public interest: the procedure is governed by Law No. 7-81. An accurate plan of the part concerned allows you to check the area used before discussing the compensation with your lawyer.

How an amicable expert assessment is carried out

1. Put the question in writing: “check the area of title No. …”, “measure the encroachment of the north wall”, etc. A vague assignment produces a vague report.
2. Gather the documents: land title or recent certificate of ownership, title plan, deeds (purchase, melkia, deed of inheritance), building permit and authorised plans if a building is involved, photos, letters, any earlier judgment or report.
3. Notify the other parties: if the expert assessment is to be used against a neighbour or a co-heir, invite them to attend the measurements. Their presence strengthens the weight of the report.
4. Field measurements: tie-in to the official coordinate system, survey of the boundary markers, walls and buildings, dated photos.
5. Calculations and comparison with the title, the title plan or the authorised plans.
6. Delivery of the report and signed plans, with an explanation of the results and their limits.

What a report contains and what it is worth

A serious expert assessment report contains at least:

• the identity of the engineer or expert, their status and registration;
• the applicant, the assignment and the question asked;
• the documents consulted, with their references;
• the date of the measurements, the persons present and their observations;
• the method and instruments used, the coordinate system and the accuracy achieved;
• the quantified results, accompanied by a signed plan;
• the conclusions, clearly distinguishing what is measured from what is assumed or remains uncertain.

What weight before the judge? An amicable report is a document that the other party can dispute; the court assesses it freely and may order its own expert assessment. It carries more weight if it was carried out in the presence of both parties, by a registered professional, on the basis of the official documents. The court-appointed expert's report is placed on the case file and discussed by the parties; it informs the judge, who alone decides.

For titled land, remember that the reference is the land title and its plan: under Article 62 of the dahir of 12 August 1913 on land registration, the title is final and cannot be challenged. An expert assessment records a discrepancy; it does not create a right.

How much does an expert assessment cost?

For an amicable expert assessment, the engineer's fees are freely agreed with the engineer, provided that they are fair and measured (Article 23 of Law No. 30-93). They depend on the question asked, the area and access, the state of the documents, the number of parties to be summoned, the number of visits and the level of detail of the report. Ask for a written quote specifying the assignment and the deliverables: see our guide to fees.

For a court-ordered expert assessment, the expert does not set their remuneration alone: the court sets the costs of the expert assessment and designates the party who must advance them. Your lawyer will tell you the applicable rules.

Ellipsoide, in Fez, carries out amicable topographic expert assessments (boundaries, areas, encroachments, siting of buildings); for the value of a property or litigation strategy, we refer you to the right professional. See our land expert assessments or request a quote.

Frequently asked questions

Official sources

• Law No. 30-93 on the practice of the profession of surveying engineer and establishing the National Order of Surveying Engineers, Articles 1, 3, 23 and 24 — Ministry of Justice (adala.justice.gov.ma)
• The IGT's professions: land expert assessment — National Order of Surveying Engineers (ONIGT)
• Roll of the Order (check a surveying engineer's registration) — ONIGT
• Dahir No. 1-01-126 promulgating Law No. 45-00 on court experts (consolidated version) — Ministry of Justice (adala.justice.gov.ma)
• Court-appointed experts: the House of Representatives finally adopts Bill No. 01-24 (article in French) — LeBrief.ma
• Law No. 39-08 on the Real Rights Code, Article 317 (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, Article 62 — Ministry of Justice (adala.justice.gov.ma)
• Law No. 7-81 on expropriation in the public interest and temporary occupation (consolidated version) — Ministry of Justice (adala.justice.gov.ma)

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.