The Souk Sebt Oulad Nemma’s Court of First Instance, under the judicial district of Béni Mellal-Khénifra, recently welcomed a meeting placed under the theme: “Land security: constraints and perspectives”. This event brought together judges, softens, lawyers, judicial leaders, representatives of local authorities, as well as experts in documentation and land law.
This scientific and professional meeting has highlighted the growing complexity of issues related to land security in Morocco, in a context of rapid urban transformations. The phenomenon of urbanization, especially in rural areas, has led to the emergence of unregulated subdivisions, making land transactions more complex and their legal documentation more difficult.
In her opening speech, Ms. Aïcha El Aazem, president of the Souk Sebt Court of First Instance, stressed that the relationship between man and land goes beyond the purely material aspect: it constitutes a base of social and economic stability, which calls for a rigorous organization and an evolutionary legislative supervision.
Maître Driss Trali, president of the Regional Council of Adouls at the Béni Mellal Court of Appeal, insisted on the need for effective urban planning and a clear land policy to guarantee land security. He recalled that land is an essential component of the success of public policies, particularly in terms of investment and regional planning.
From a complementary perspective, Me Saïd Saroukh, president of the Regional Council of Adouls at the Tangier Court of Appeal, highlighted the growing role of justice in social organization. He stressed that justice is no longer limited to conflict resolution, but that it has become an administrative and societal player in its own right, embodied by what is called local justice. He pleaded for a strengthening of this mission to the land safety service.
Me Bouchaïb Louardi, King’s prosecutor at the Souk Sebt tribunal court, has highlighted the multiplicity of legal regimes and the increase in spoliation acts, which impose greater rigor in the treatment of land transactions. ” The current land system needs legislative restructuring to restore confidence and reduce disputes ”, he said. He also called for better coordination between the various stakeholders, an integrated national vision based on the complementarity of roles, and to a strengthening of continuing education for softens and notaries in order to support legal and technical developments.
Interventions by lawyers, land experts and administrative officials have enriched debates. The latter notably underlined the obstacles linked to the documentation of property securities, the multiplicity of legal references, as well as the difficulties faced by citizens in land conservation procedures, contributing to creating a complex legal environment, not very conducive to confidence and investment.
Recommendations from the meeting
Participants made a Set of recommendations to strengthen land safety and simplify procedures:
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Unify the documentation system between softens and notaries in order to ensure legal consistency in contractual acts.
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Clarify the content of the circulars of the general conservative to avoid divergent interpretations.
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Rewrite article 4 of the Real rights code, which always poses practical difficulties in the documentation of acts.
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Revise the provisions of the finance law relating to compensation for expropriation for public utility, by introducing criteria of legal equity.
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Require only the certificate of payment of taxes relating to the property object of the transaction, without extension to the other goods of the seller.
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Modify article 109 of the land conservation dahir to allow extraordinary remedies in addition to the call and the appeal in cassation.
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Strengthen the legal framework supervising the work of experts, in particular concerning the property assessment in the judicial framework.
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Avoid drafting laws under crisis pressure, to guarantee stability and legislative quality.
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Reformulate certain blurred legal concepts in land texts, clearly distinguishing the substantial elements of procedural elements.
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Unify existing texts within a global and simplified land code.
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Define the modes of proof of ownership for collective land and strengthen their legal protection.
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Set up consumer protection mechanisms in real estate contracts.
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Simplify the land conservation procedures for the land located in designing perimeter and expand the prerogatives of the public prosecutor in the protection of possession.
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Modify article 570 of the penal code in order to criminalize any act involving possession or hampering the enjoyment of real estate without justification, and allowing justice to automatically restore the previous situation.
H.Z.
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