An application for registration may be made by:

• The owners;
• The co-owner (subject to Chefaa’s rights vis-à-vis its co-owners);
• Holders of rights in rem (usufruct, superficies, emphyteusis, zina, haoua and right to build additional storeys, habous);
• Beneficiaries of easements (with the landowner’s consent);
• A creditor who has not been paid by the due date and who initiates a property repossession under a court order obtained against their debtor;
• The legal representative of a person lacking legal capacity or a minor.

Stages of land registration

• Submission of an application: The application, accompanied by all deeds or documents establishing ownership and rights in rem over the property, shall be lodged with the Land Registry following a preliminary survey carried out by the Cadastral Office, in accordance with the applicant’s instructions and taking into account any other available topographical documents.
• Registration of the application: Once the application has been examined and approved, and following payment of the land registry fees, it is registered. The applicant is then served with a notice setting out the date and time for the boundary marking operations;
• Publication and display of the extract from the application: An extract from the application for registration is published in the Official Gazette and displayed, together with a notice setting out the boundaries, at the registries of the Court of First Instance, the Local Authority and the Municipal Council of the area in which the property in question is situated;
• Boundary demarcation procedures: These include a survey, a public notice and a legal investigation on site. Carried out by a sworn engineer or technician, the procedure takes place in the presence of the applicant or their representative, as well as any interested parties. An official report and a boundary sketch will be drawn up and submitted to the Land Registry;
• Surveying and preparation of the land survey plan: This involves precisely determining the location, boundaries, base and composition of the property and linking it to the geodetic network. A final land survey plan, accompanied by the land register, will be drawn up and submitted to the Land Registry;
• Publication and display of the notice of completion of boundary demarcation: Publication takes place in the Official Gazette, and the notice is displayed at the registered offices of the Court of First Instance, the Local Authority and the Municipal Council with jurisdiction over the location of the property concerned. It should be noted here that any objection must be lodged within a period not exceeding two months from the date of publication in the Official Gazette;

• Final demarcation: This ensures that the boundaries of the property in question do not fall within those of another registered property, or that it does not overlap with an adjacent property or has already been subject to a process of clarification other than registration (approved administrative demarcation, public domain of the State, expropriated property, etc.);
• Registration decision: Unless the registration is cancelled*, rejected** or opposed***, it is confirmed and the corresponding title deed is issued.

* A registration order may be set aside in the following cases:

• The absence of the applicant or their representative during the boundary marking proceedings, or a failure to carry out the necessary steps to complete such proceedings, without a valid excuse being provided within one month of the notice being served on them;
• Failure to carry out the boundary marking on two consecutive occasions due to a dispute concerning the property;
• The claimant’s failure to act with due diligence in complying with the procedure within three months of being served with the formal notice addressed to him.

** An application for registration may be refused in the following cases:

• The irregularity of the application;
• The inadequacy of the documents provided.

*** Where objections are raised, the application for registration (together with the relevant supporting documents) is forwarded by the Registrar to the Court of First Instance for a ruling.

• Usefulness