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Practice 04

Real Estate Law
& Land Law

Ownership disputes, land registration, sales, residential and commercial leases, co-ownership.

If you are an individual

Whether you are a buyer, owner or tenant, real estate often represents most of your assets. A legal check before buying costs a fraction of what litigation costs.

Legal status and acquisition

In Morocco, the difference between a registered property (final and unchallengeable land title) and an unregistered property (melkia) determines most of the risk.

  • Pre-purchase audit: Checks at the Land Registry (mortgages, seizures, caveats).
  • Promises of sale and off-plan sales: Review of promises of sale and reservation contracts to secure your payments.
  • Moroccans abroad: Representation under power of attorney to manage your acquisitions or disputes without travelling.

Lease and co-ownership disputes

  • Residential lease: Recovery of unpaid rent, eviction procedure (formal notice, judicial termination).
  • Co-ownership: Challenging general meeting decisions, recovery of charges, disputes with the property manager.
  • Neighbors: Boundary setting, easements, abnormal neighborhood nuisance, undivided inherited property.

If you are a company / investor

Commercial real estate (commercial leases, business assets, property development) follows specific rules where the slightest overlooked formality can be very costly.

Commercial leases & business assets

A commercial lease gives the tenant a right to renewal. If renewal is refused, the eviction indemnity can be substantial.

  • Drafting: Commercial, professional and industrial leases with rent review and guarantee clauses.
  • Renewal & eviction: Notice to quit, refusal to renew, setting the eviction indemnity.
  • Transfer: Securing the transfer of the lease right or of the business.

Property development & construction

  • Audit and security: Pre-acquisition land audit for developers.
  • Construction disputes: Late delivery, abandoned sites, construction defects, ten-year liability, disputes with subcontractors.
  • Expropriation: Defending the company's interests in expropriations for public purposes.

Frequently asked questions

Real Estate Law

For a registered property, by requesting a recent certificate of ownership from the Land Registry: it shows the registered owner and all mortgages, seizures, caveats and easements. For an unregistered property, the check is more delicate and requires reconstructing the chain of title deeds and making enquiries with the local authorities.
Not on your own initiative. Eviction requires a court decision, preceded by a formal notice and a procedure to terminate the lease. Any repossession by force — changing the locks, cutting off water or electricity — is an unlawful act that would expose you to proceedings, including criminal ones, and delay your own case.
First reread your reservation contract: it usually provides for late-delivery penalties. Depending on the delay, you can claim these penalties, request enforced delivery or seek termination of the contract with repayment of the sums paid and damages. A formal notice is the essential first step.
A common situation for Moroccans abroad. You must act without delay: prolonged occupation complicates the procedure and may, for some unregistered properties, give rise to claims by the occupant. The office brings the eviction and compensation action under a simple legalized power of attorney, without your presence in Morocco being necessary.

Real Estate Law

Secure your real estate transaction

Purchase, sale, lease or ownership dispute: prior legal analysis avoids almost all the real estate disputes the office handles.