Expertise
Turning a melkia into a land title (الرسم العقاري) involves a public procedure in which everyone has their role. Ours is technical: measuring the land, preparing the boundary marking and drawing up the plans checked by the cadastre service.
Why register
Land registration (التحفيظ العقاري) results in a land title that Article 62 of the dahir of 12 August 1913 describes as definitive and unassailable, accompanied by a plan tied to the geodetic network. A melkia, even an old one, remains proof of possession that can be challenged by other proof (melkia or land title).
Land registration is optional in principle, but a registration application, once filed, can no longer be withdrawn. It becomes compulsory in the cases provided for by law, in particular in compulsory registration zones opened by order. The procedure follows an order set by the dahir: application, publication in the Official Bulletin, boundary marking, two months for objections, then the title. The details, article by article, are in our land registration guide.
Not sure whether you need a land registration, a boundary marking or a simple plan? Our “What document do I need?” tool gives you a roadmap in a few questions.
Who does what
Knowing whom to approach avoids losing months. The surveying engineer replaces none of the others.
The land registrar receives the registration application, organises the publicity, directs the boundary marking, receives objections and registers the land, or rejects the application by a reasoned decision. The cadastre service checks and signs the title plan.
The melkia and the deeds of purchase, inheritance or partition that prove the origin of ownership are drawn up by the adouls (notaries under Islamic law), the notary or the authorised lawyer. This is not the engineer's role.
If objections remain after the time limit, the file is sent to the court of first instance, which rules on the disputed rights. For these questions, consult a lawyer.
Our role
The administrative part does not depend on us; we follow the file and keep you informed (our method).
Melkia, deeds of purchase or inheritance, names of the neighbouring owners: we identify what is likely to cause problems (very different area, neighbour not named, possible overlap).
The land is surveyed and tied to Lambert: you know its actual area and boundaries before filing a registration application that can no longer be withdrawn.
Old boundaries found (walls, hedges, small ditches), neighbours notified, boundary markers planned: their supply and placing are at the applicant's expense.
Directed by the land registrar, in your presence or that of a representative: you show your boundaries, the neighbours make their observations, the boundary markers are placed and a report is drawn up.
The survey after boundary marking is used to draw up the plan of the property, tied to the geodetic network, submitted to the cadastre service, which checks and signs it.
We explain the next stages to you: notice of completion of boundary marking, time limit for objections, issue of the title.
Documents
The exact list of documents and the amount of the fees depend on the file and on the scale in force: the land registry concerned confirms them before filing.
Timescales and cost
The law sets time limits for each stage, but the actual duration of a land registration varies greatly from one file to another. Delays come mainly from objections (possibly with a court case), insufficient deeds, a postponed boundary marking (applicant absent, neighbours in conflict, boundary markers not supplied) or overlaps with a neighbouring registration application, a title or the public domain. We state the time for our own work in the quote; we never promise a date for the title.
Our fees depend on the area, the relief and access, the distance and the complexity of the boundaries. Land registry fees are separate and calculated according to the scale in force: the quote shows them separately (fees).
To follow the publicity of your registration application (extract, notice of completion of boundary marking), see the « Publicité foncière » (land registration notices) service described in our guide to the ANCFCC online services.
References
Extracts from our references, with their contract number.
Contract No. 330/2007/ANCFCC/DC.
Framework contracts No. 133/2016/ANCFCC/DC and No. 125/2022/ANCFCC/DC.
Taza, 200 cases (No. 152/2005/ANCFCC); Sefrou, 190 cases (No. 201/2007/ANCFCC/DC); Taroudant, 222 cases (No. 178/2007/ANCFCC).
Questions
No: Article 6 of the dahir provides that a registration application, once filed, cannot be withdrawn. That is why we advise surveying the land and having the deeds reviewed before filing.
There is no single duration. A complete file and boundaries free of conflict are the best factors for speed; a file with objections may go through the court and the court of appeal.
You or a representative holding a valid power of attorney. Without a valid excuse, the applicant's absence may make the registration application null and void. If you live abroad, arrange the power of attorney in good time.
Not necessarily: the land registrar may issue a title for the undisputed part, while the disputed part is decided by the court. On the substance of the dispute, consult a lawyer.
It is common: melkias often describe the boundaries by the neighbours, rarely by measurements. It is better to know this before filing, and to discuss it with the adoul or the notary who drew up the deeds.
A collective procedure applies and no individual application can be filed outside it. Take part in the inquiry and present your deeds; the land registration guide explains this case.
Quote
Send us a copy of the deeds and the location of the land: we will tell you what is missing and send you a written quote, with administrative fees shown separately.