In Morocco, real estate is the main asset of individuals and families, and it is also the field with the most disputes: contested land titles, suspicious entries, joint ownership that never ends, developers who do not deliver, tenants who do not pay, seizures that threaten the family home. Since 2000, Leghlimi Law Firm in Casablanca has defended owners, heirs, buyers and investors across the whole range of real-estate litigation, before the courts and the Land Registry.
The disputes the firm handles
Land registration and entries
Opposition to an application for registration, challenges to entries, applications for cancellation, protective registration, disputes arising from the cadastre and boundaries. The firm knows the procedures of the Land Registry and the ANCFCC in detail: they are formal and strict, and a right is easily lost if their time limits are missed.
Recovery and protection of ownership
Recovering property held without right, defending the owner against abusive claims, proving ownership of unregistered property through adoulaire deeds and possession. Where the taking rests on forgery, the matter belongs to the page on property spoliation, where the full criminal and civil route is explained.
Joint ownership and partition
Partition of jointly owned property between heirs or partners, amicably or through the courts, auction of property that cannot be divided, defence of the co-owner whose property is used without his knowledge or without his share of the income. The Code of Real Rights (Law 39-08) governs joint ownership and partition, and no one can be forced to remain a co-owner.
Disputes with developers and off-plan sales
Late delivery, hidden defects, differences between what was agreed and what was built, refusal to sign the final deed or to hand over the individual land title. These disputes fall under Law 44-00 on the sale of property under construction, as amended by Law 107-12, which gives the buyer guarantees that many are unaware of.
Co-ownership
Disputes with the syndic, recovery and challenge of service charges, general-meeting decisions, works on common parts. Law 18-00 on co-ownership, as amended by Law 106-12, governs these matters, and the firm has published a study on the limitation period for co-ownership charges in the light of Court of Cassation case law.
Leases and eviction
Residential leases (Law 67-12) and commercial leases (Law 49-16): formal notice, action for payment and eviction, rent review, eviction compensation, repossession for personal use or for demolition and rebuilding. The firm acts for landlords and tenants alike.
Property seizure and enforcement
Defence of the debtor whose property is threatened with seizure, and enforcement on behalf of the creditor, under the new Code of Civil Procedure (Law 58-25), which reorganised the rules on real-estate seizure and the requirement to exhaust movable assets first. See our article on real-estate seizure under the new Code.
Real-estate investment and projects
Legal due diligence on a property before purchase, verification that it is free of charges and entries, drafting of preliminary and final deeds, and support for foreign investors and Moroccans living abroad acquiring property in Morocco.
Before anything else: three documents
- A recent certificate of ownership from the Land Registry, or the adoulaire deeds if the property is unregistered.
- All the contracts: purchase, promise of sale, lease, preliminary contract with the developer, formal notices exchanged.
- Proof of possession and payment: water and electricity bills, rent receipts, bailiff’s reports, photographs.
With these documents, the firm can indicate at the first meeting the correct legal route and the realistic chances of success.
How the firm works
- A written legal assessment of the position: what the right is, who holds it, on what title, and what the risks are.
- An amicable solution first when one is possible: a rigorous formal notice, negotiation, mediation or arbitration if the contract provides for it.
- Protective measures before trial: protective registration, attachment, urgent expert survey to record the state of the premises.
- Court action before the competent court, with follow-up of the judicial expertise, the appeal and the cassation stage.
- Enforcement: a judgment that is not enforced is worth nothing, and the firm follows enforcement through to the entry, the eviction or actual payment.
Why the firm
- Twenty-five years of real-estate litigation in Casablanca and before the courts of the Kingdom.
- Combined expertise in property and criminal law, essential whenever a file carries a suspicion of forgery or fraud.
- Files handled in Arabic, French and English, with regular reporting for clients living abroad.
- A regular presence in the media analysing legal developments in Moroccan real estate.
Frequently asked questions
What is the difference between registered and unregistered property in a dispute?
Registered property has a land title at the Land Registry, and rights over it are enforceable against third parties only once entered. Unregistered property is governed by the rules of possession and adoulaire deeds, and the dispute turns on proving ownership by witnesses and documents. The firm handles both, with radically different strategies.
I bought an apartment off-plan and the developer is late. What can I do?
Law 44-00 on the sale of property under construction, as amended by Law 107-12, requires the developer to sign a preliminary contract and to provide guarantees and deadlines. Unjustified delay gives a right to compensation and may justify termination. A written formal notice should be sent, then the court seised, with a protective registration to secure your right to the unit.
How do I exit joint ownership if the other co-owners refuse to sell?
No one can be forced to remain in joint ownership. An action for partition before the court of first instance divides the property if it is divisible; otherwise it is sold at public auction and the price shared. The firm conducts the action, the expert valuation and the sale.
Can a tenant who does not pay be evicted?
Yes, under Law 67-12 for residential leases or Law 49-16 for commercial leases. The procedure begins with a formal notice whose form and time limit are set by law, followed by an action for payment and eviction. A defective notice is the most common cause of lost time, so the firm drafts it with care.
How much does a real estate lawyer cost?
Fees are set by written agreement after an initial review of the file, according to the nature of the dispute, the value of the property and the number of stages. From the first meeting the firm explains what is realistic and what is not, before any commitment.
This article is general information, not legal advice. Every matter has its own facts and calls for its own assessment.
