Types of Land Ownership in Morocco: A Detailed Guide

The land ownership regime in Morocco is complex and diverse, the result of its rich history and the legal influences it has received over time. Each type of ownership is governed by specific regulations that determine its use, transfer and management. Below, we explore the main categories of land ownership in Morocco.

Collective Lands

Collective lands belong to a group of people of the same tribe or ancestry. Although historically they were tribal lands, the term “collective” emerged during the French Protectorate period. These lands are mainly regulated by the Dahir of 1919, which establishes the administrative supervision of the State over their management and alienation.

Collective lands have the following characteristics:

• Inalienable: They cannot be transferred or sold.

• Imprescriptible: They cannot be acquired by prescription.

• Unseizable: They cannot be used as collateral for mortgages.

In recent years, the Moroccan government has promoted a process of “melkization”, which transforms these collective lands into melk-like private properties, thus promoting economic development and investment.

Property Melk

The melk regime is the most common form of private property in Morocco, based on Malekite Muslim law. This type of ownership combines eminent domain and enjoyment rights into a single entity, allowing full dominion over the land. However, many melk properties are undivided, meaning that they are shared by several heirs or co-owners.

Melk properties are characterized by:

• Require traditional titles called moulkiya, drawn up by Islamic notaries (adouls).

• Be subject to the right of withdrawal between co-owners, known as shfefa, and to the right of global sale of the undivided property, known as dhom.

Although the melk regime offers great flexibility, disputes between co-owners are common, often leading to court proceedings to divide or auction the properties.

Guich Lands

Guich lands are areas granted by the Moroccan State to certain tribes in exchange for military services. These lands are usually located near historic cities such as Marrakech, Rabat and Fez. Guich collectives enjoy a collective usufruct right known as menfaa, while individual members have a personal use right called intifaa.

Due to their precarious nature, guich:

• They cannot be sold or mortgaged.

• They do not offer sufficient legal certainty for long-term investments.

• They lack specific regulation, which increases legal uncertainties.

The government has begun to explore reforms to provide greater stability to guich land users, promoting more efficient and transparent use.

State-owned real estate

The state patrimony is divided into:

1. Public Domain: Includes roads, ports, coasts and other public property managed by the Ministry of Public Works.

2. Private State Property: Includes land destined for urban, tourist or industrial projects, administered by the State Property Directorate.

3. Forests and Dunes: Governed by the Directorate of Waters and Forests of the Ministry of Agriculture.

These properties play a fundamental role in the development of the country, as many are used to promote investment and economic growth.

Habous Assets

Habous assets are properties donated for religious, social or charitable purposes. There are two main types:

• Public Habous: Used to finance mosques and public works.

• Family Habous: Whose enjoyment is reserved to the descendants of the donor, becoming public habous after their extinction.

• The habous of Zaouia: They are goods destined to the benefit of a religious confraternity, administered by the moqqadem of the corresponding zaouia and supervised by the administration of the habous.

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The habous are inalienable and unseizable, but may be sold with royal authorization under strict conditions. They are supervised by the Ministry of Habices and Islamic Affairs, which acts as the heritage manager.

Conclusion

Understanding the different types of land ownership in Morocco is essential for anyone interested in acquiring, managing or investing in land in the country. Each regime has unique characteristics that determine its use and transferability, as well as the associated legal liabilities.

At CasasMarruecos.com, we are specialized in all these property regimes. Our team guides you through every step, ensuring that your investment is safe and compliant with local regulations. Contact us today and find out how we can help you navigate this complex but fascinating legal landscape.