GBU 3301 – Legal Environment of Business
Dr. Benlamhidi, Sidi Abdellah
The Real Property Conservatory System is a set of laws and procedures that organize the real estate field in a way that saves people’s rights over their possessions and that protect them from any illegal attempts of theft or taking over by other parties. The Royal Dahir that currently regulates all the procedures of real estate conservation dates back to 1913. Before 1913, land property in Morocco was very complex as there were different types of land property. First, there was “Melkia”, which is a possession that is testified by a certificate from the Adoul, and follows the traditional Muslim rules. Second, lands dedicated for the agriculture. Third, Guiche that are lands given by the sultans to the soldiers and are owned by the state and can only be rented. Finally, public lands that are owned by the state such as forests. After 1913, “La Conservation Foncière” or Real Property Conservatory System (RPCS) was first brought by the French colonizers to help their citizens register the properties that were taken from the Moroccan farmers and landowners by force. Each real estate property taken by the French, such as a piece of land or a building was clearly defined in terms of its geographic location, borders and size so that none can claim its ownership other than the “owner”. Any type of real estate possession is not recognized or protected by the law unless it is registered either through the real estate conservatory system or the traditional way that was used before the 1913. In this paper we will also introduce the different persons involved in the process of registering real estate property, define their roles, the procedures that should be followed to register a property, the difference between a registered and a non-registered property and a case study that illustrates the role of the “notaire” or the solicitor. I.What are the advantages of registering a property under the “Real Conservatory Property System”?
The real conservation is a written law that should be respected by each Moroccan citizen, and any foreigners who would like to invest in Morocco except if it is an agricultural land where a foreigner has no right to possess one. Lands and buildings are not recognized in an absolute way by the law as being one’s property only if they are registered under the Real Property Conservatory System. The registration under this Conservatory System enables a final and unimpeachable land title, protects the owner from any other possible claim on his or her property, and simplifies any property transaction. It also provides a better access to loans from banks and avoids eventual conflicts concerning the property. A registered land is more valuable than land that is not. However, when a belonging is not registered under the Real Property Conservatory System, it has less value than a registered one because it is riskier to own it and people generally tend to avoid buying it. In fact, the land that is not registered does not benefit from the advantages that the real conservatory has brought. When a land is not registered, it is taken in charge by a “Adoul” who makes only the contract to buy or sell the land or property. In this case, there may be many different problems and one of them is that the seller of the land can sell it to different individuals and benefit from the money. The problem of the repartition of the land is often present, the buyer buys a land that is not well partitioned and stumbles upon some problems.
II.Steps to Register a Property:
Concerning the formalities and steps required for a land or property registration, there are two ways to register your property either by going through the normal formalities and steps or by adopting the special procedure. For the normal procedure, the formalities are the following: 1....