Titre foncier or melkia: understanding property title in Morocco

In Morocco a property falls under one of two systems. A “titled” (registered) property is recorded at the land registry (conservation foncière) of the ANCFCC, the national land registry, cadastre and mapping agency, and has a title number (titre foncier, رسم عقاري). An “untitled” property relies on deeds drawn up by adoul (عدول, traditional notaries): the melkia (ملكية), a deed that establishes ownership from witness statements, followed by the chain of adoul sale deeds.

In between there is an intermediate state: a property “being titled” (en cours d’immatriculation), for which a titling application (réquisition d’immatriculation) has been filed but the title has not yet been issued. Listings often show it as “réquisition no. …”.

Titling is governed by the dahir of 12 August 1913, amended by Law 14-07. Once established, the titre foncier is final and cannot be challenged: it wipes out earlier rights that were not entered on it. Everything a buyer needs is on it: owner(s) and their shares, surface area, mortgages, seizures, easements and provisional entries.

A sale of titled property only takes effect against third parties once it is entered on the title. The deed must be an authentic deed, in practice drawn up by a notary or adouls (Article 4 of the Real Rights Code, Law 39-08, tightened in 2026 by Law 41-25, which also requires an authentic deed for the promise of sale and the power of attorney), then registered at the land registry.

Melkia deeds are still common, especially in medinas, rural areas and some land on the edge of cities. A melkia is valid, but it proves ownership less firmly: there is no single public register, boundaries are described loosely, and a third party can challenge later. Common risks:

• the same property sold to two buyers;
• heirs left out of the deed who later claim their share;
• a surface area or boundaries that differ from reality;
• collective (soulaliyate) or habous (religious endowment) land, which cannot be sold freely.

The procedure is public: the application is published in the Official Bulletin, a surveyor marks the boundaries, then there is a two-month window for objections after the notice closing the survey is published. With no objection the title is then created; if there is one, the case goes to court, which can take years.

Buying at this stage is possible, as the buyer can have their right recorded on the application. But first ask the land registry where the file stands and whether there are objections.

For a mortgage, the bank usually registers a first-rank mortgage on the titre foncier. Without a title it cannot take that security: most banks refuse to lend on a melkia property or require it to be titled first. Untitled property is also harder to resell, and often sells for less.

• Ask for the title number (or application number) and a recent ownership certificate (certificat de propriété, شهادة الملكية) from the land registry where the property is located.
• Check that the seller’s name matches their ID card, that the surface matches what you visited, and that no mortgage, seizure or provisional entry remains to be lifted.
• In a building, check that the flat has its own title, split from the building’s parent title.
• For a melkia, have a notary or adoul review the whole chain of deeds, and check the boundaries on site and that nobody occupies the property.
• Only pay a deposit after these checks, and only into the notary’s account.

The owner files a titling application at the land registry with the melkia and the deeds that prove ownership, and pays the fees set by the ANCFCC tariff (a percentage of the value plus fixed fees), plus the surveyor’s fees. Then come publication in the Official Bulletin, the boundary survey, the objection period and finally the title.

Without objections, expect many months; if there is a dispute, several years. In rural areas where the State runs a collective titling operation, the procedure is free for owners.