legal rights

Real property conservatory system is a set of procedures and laws that regulates the ownership of each citizen as a farm, a land, or a house. This system is a French one brought after 1913 (Dahir, 12th august 1913). Before this system, the land properties were different types. First, “Melkia” which is a document that makes a person a landlord by law signed by the “Adoul” and is under Islamic rules “Shariaa”. Second, lands of “Guiche” that were and still given by the sultans or kings to the soldiers or military people owned by the state and can only be rented. Third, public lands owned by the state only which are forests. Fourth and last, lands dedicated to agriculture purposes. In 1915, first office in Casablanca, people started to register their real properties in their names. This system saves properties owners their right to ownership against theft or illegal claims. Besides, once the real property is registered, its value grows and its price increases consequently. In addition, the person may get loans against their real property for mortgage. Once the real property is registered, it appears in the “property register” with all the documents needed to prove the ownership so that the transactions or transfer of that ownership would be easy between the seller and the buyer for instance. These documents contain information as the topographic boundaries, the owners before and after, the location of the real property and the former transactions as well as the ownership name. Being registered in real property conservatory (conservation foncière) gives the owner a permanent and irrefutable certificate if any potential claims against its ownership. However, there are more than 60% of lands in Morocco that are not registered yet because of the long procedure in time and also since there are more costs to pay which may discourage people from registering their real properties. Furthermore, as the real property is registered, once the owner wants to sell it or transfer it