Inheriting an Unregistered House in Morocco: Complete Step-by-Step Procedure (2026)

The strongest file contains an authentic instrument identifying the deceased, describing the property, stating the basis of ownership and specifying its boundaries. This may be a melkia, an adoul deed of sale or gift, a valid notarial deed or a final judgment recognizing ownership. The instrument must be read carefully: names, surface areas and adjoining owners have often changed. A significant discrepancy between the old instrument and the current situation may require an investigation, a topographic plan or legal proceedings.

A private instrument does not automatically have the same evidentiary force as an authentic instrument. Its date, signatures, registration and compliance with Article 4 of Law No. 39-08 must be verified. For instruments transferring ownership of real property or creating rights in rem, this article requires an authentic instrument or an instrument bearing a fixed date drawn up by a lawyer admitted before the Court of Cassation, unless a specific statutory regime applies. An isolated handwritten receipt may therefore constitute evidence without being sufficient to establish the claimed right.

If there is no conclusive instrument, the file must be built using a consistent body of evidence: old purchase receipts, a building permit, plans, water and electricity contracts, housing tax or municipal services tax records, leases granted by the deceased and administrative decisions. These documents do not, by themselves, create ownership. Nevertheless, they prove that the deceased publicly acted as the owner and may corroborate peaceful, public, continuous and unequivocal possession exercised in the capacity of owner.

Proof through possession is governed by the Code of Rights in Rem, particularly its provisions on acquisitive possession, and not by an alleged general fifteen-year rule derived from the Code of Obligations and Contracts. The duration and effect of possession vary depending on the relationship between the parties, good faith, the existence of a family relationship and the status of the property. An adoul may receive collective testimony and draw up a melkia, but this does not transform weak testimony into indisputable ownership. The judge retains discretion in assessing the evidence.

Before taking any steps, a surveyor registered with the professional body may prepare a site plan and compare the physical boundaries with the instruments. Searches should also be requested from the land conservation office and, depending on the location, checks should be made with the municipality, urban agency or state property department to determine whether the parcel encroaches on public, forest, municipal or collective land. In practice, an old building may stand on land whose legal status differs from that stated by the family.

Once the deceased’s ownership has been documented and the heirs identified, they may file a land registration application with the land conservation office having jurisdiction over the property. The application must identify all applicants, state their shares and describe the house, its approximate surface area, boundaries, adjoining owners and any rights encumbering it. It must be accompanied by the originals or admissible copies of the melkia, acquisition instruments, inheritance deed and identity documents.

The land registrar checks the file’s formal admissibility without definitively deciding every ownership dispute. An extract from the application is published in the Official Bulletin and forwarded for posting to the authorities and courts designated by the Dahir of 12 August 1913. Boundary demarcation is then organized by the competent ANCFCC departments. The heirs, neighbors and holders of known rights are summoned so that the boundaries can be identified on site and recorded in a report.

On the day of the boundary demarcation, a representative who is genuinely familiar with the house must attend with the instruments and boundary markers. If a neighbor claims a courtyard, passageway or built-up section, the claim is recorded in the report. The demarcation may be postponed in the event of absence, lack of access or serious uncertainty. In some cases, a plan prepared by a private land survey engineer is required beforehand, but it does not replace the official operation conducted under the authority of the land conservation office.

After boundary demarcation, a notice of closure is published. Interested parties generally have two months from that publication to file an objection in accordance with the Dahir of 1913, as amended by Law No. 14-07. The objection may concern the entire property, a portion of it, an easement or another right in rem. If conciliation fails, the land registrar refers the file to the Court of First Instance, which rules on the existence and extent of the right asserted by the objecting party.

If no admissible objection is filed, or after the objections have been finally resolved, the land registrar assesses the file and may order registration. The land title is then established in the names of all heirs according to their shares, unless a valid division has already occurred. Article 62 of the Dahir of 1913 gives registration a definitive effect and extinguishes prior rights that were not recognized. This is precisely why statements, boundaries and publications must be monitored rigorously.

If a search reveals that the house already has a land title, the procedure changes entirely. An application to register the transfer by inheritance on that title must be filed, together with the death certificate, inheritance deed and documents required by the ANCFCC. There is then no new application or boundary demarcation, except for a separate cadastral operation. Referring to the “registration” of an unregistered property in the heirs’ names is therefore technically inaccurate: the property is first registered, and the rights are then entered on the title created.

After death, the heirs jointly hold the deceased’s rights in accordance with their respective shares. No co-heir may unilaterally claim a room, a floor or the entire house by asserting that they have occupied it for a long time. Physical occupation does not constitute partition. Article 27 of Law No. 39-08 restates the principle that no one may be compelled to remain in co-ownership, subject to a temporary agreement or a legally valid restriction.

Amicable partition is preferable when all heirs have been identified, have legal capacity and agree. A professional must verify whether the house can be divided without breaching planning, access, minimum area and condominium rules. The authenticated instrument specifies the units, their values and the easements. If one heir receives a value exceeding their share, they must pay an equalization payment. The instrument must then be registered and, following land registration, entered on the land title to become fully enforceable against third parties.

When physical division is impossible, the heirs may jointly sell the house and divide the proceeds, or allow one of them to retain the property by buying out the other shares. A sale of the entire property requires the consent of all rights holders. A co-heir may transfer only their undivided rights, subject to formal requirements and any rights that may be exercised by the other co-owners. The purchaser of a share does not become the owner of a specific room until a partition has been completed.

In the event of refusal, an untraceable heir or disagreement over the value, an action for partition may be brought before the court of first instance for the place where the property is located. An expert assessment determines whether partition in kind is possible. Otherwise, the court may order a judicial auction and then distribute the proceeds after deducting costs. A judicial sale sometimes yields a lower price than an amicable sale, which justifies one final attempt at mediation.

The presence of a minor or a protected person requires compliance with Articles 231 et seq. of the Family Code concerning legal representation and judicial oversight. A sale, partition or settlement involving that person’s rights may require authorization from the guardianship judge. For an heir abroad, a special power of attorney must specifically cover registration, partition, any sale and receipt of the proceeds. An ambiguous general power of attorney is regularly rejected.

The first mistake is selling the house before identifying all heirs and verifying the deceased’s ownership. One heir cannot unilaterally sell an entire jointly owned property. A preliminary sale agreement signed under these circumstances may lead to an action for nullity, damages and, where forgery or fraudulent conduct is involved, criminal proceedings based on the applicable legal classification. A deed of inheritance must never be drawn up by intentionally omitting a branch of the family.

The second mistake is verbal partition. In many families, each person occupies a floor or a portion of land without a plan or instrument. One generation later, the descendants no longer know where their rights begin. Article 4 of Law No. 39-08 imposes enhanced formal requirements for transactions involving property rights. The partition must therefore be formalized, access and easements addressed, and the instrument then registered and entered on the land title if one has been created.

Land registration publications must not be ignored either. An heir may need to file an objection against an application for registration lodged by a neighbour or third party that includes the family home. The ordinary two-month period following publication of the notice of completion of the boundary survey is strict. A late objection is accepted only under the exceptional conditions set out in the 1913 Dahir and before the title is established. Monitoring the Land Registry process and attending the boundary survey are therefore essential.

A lawyer is particularly useful whenever there is a conflict between instruments, an objection, an omitted heir, a minor or competing possession. The lawyer verifies the chain of title, chooses between an application for registration, an ownership action and judicial partition, and then coordinates the adouls, notary and surveyor. In property litigation, fees are freely agreed in accordance with Law No. 28-08. A written agreement must specify the services to be performed, the appeals included and the costs remaining payable by the client.

The notary or adouls receive instruments falling within their respective powers, but they do not replace a lawyer in court proceedings. The surveyor identifies the boundaries without deciding who owns the property. Where income is insufficient, an application for legal aid may be filed in accordance with the applicable legislation and required supporting documents, without any guarantee of approval. The best approach is to have the file audited before multiplying the instruments: correcting a defective melkia or an incorrectly delimited application for registration often costs more.