Legal paper

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1. Application of registration: Fill in an application for the registration of the land and add any necessary document that proves it belongs to you

2. Payment of registration fees

3. Advertising: Public needs to know that the property belongs to you in case someone is willing to manifest or disagree

4. Boundaries: topographic operation of the land

5. Notice of closure Boundaries: After receiving the information, the person in charge in the conservatory office publishes a notice of closure of demarcation in the official bulletin.

6. Registration: the last step which confirming the belonging of the land to the owner.

PART 3:

- The profession of a notaire:

The profession of notaire appeared in Morocco in 1913 with the arrival of the French as part of the modernization of the country's institutions and in line with its secular customs. The profession of notaire was regulated until 2011 by the Dahir of May, 4th 1925 which was responsible for regulating the profession until 2011. Between 2011 and 2012, a big reform related to the organization of the profession of the notaire took place. The law is the following: " Loi n° 32-09 relative à l'organisation de la profession de notaire, promulguée par le Dahir n° 1- 11-179 du 25 hija 1432. (B.O. n° 6062 du 5 juillet 2012)".

The notaire is a public officer, regulated by a Royal Dahir. Thanks to a delegation provided by the State, the notaire has the ability to provide written acts in French that are considered authentic . The notaire also guarantees the smooth running of all real estate transactions. In fact, the profession of notaire is part the liberal ones.

During a real estate transaction, a notaire has to:

- Provide certified and authentic documents with his/her signature.

- Check whether the property which is subject to the transaction is registered in the Real Property Conservatory Office or not.

- Inform all the parties about their responsibilities and engagements during the transaction

- Act and be neutral between parties.

- Check whether the property is free of any charge, mortgage or seizure

- The profession of Adoul

Adoul are considered notaires in the Islamic law. They perform the role of graft and notaire and are responsible for recording the statements and judgments. They help judges; indeed, they are considered as they eyes of judges. They closely work with the authorities in order to produce and write conform documents. In Morocco, Adoul are involved in marriages, in some real estate transactions and judgments.

- The profession of Lawyer

According to the dictionary, a lawyer is "a person whose profession is to represent clients in a court of law or to advise or act for clients in other legal matters". He has an important role. In fact, he/she has to represent a client without being emotional but by being rational. He/she is the spokesperson of his/her client(s); therefore he/she need to work each case in a meticulous way. The lawyer has to:

- Keep trust and confidence regarding his/her client(s).

- Stay respectful towards the other party/parties.

- Give advice to his/her client to solve his/her issues.

- Convince his/her client to come in a negotiation stage when it is necessary.

- Differences between a notaire, a lawyer and Adoul

Notaire

Lawyer

Adoul

Number in Morocco

More than 1.600

Almost 10.510

5.000

Kind of property

Registered property

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Non registered property

Responsibility

Provide written acts in French that are considered authentic

- Give advice to his/her client.

- Take the defense of his/her client

- Make judgments

- Take decisions and write them in Arabic

Conflict between contractors

He/she cannot make judgments

He/she cannot make any judgment because he/she represents one party

He can judge

Formation

License in Law (3 years)+ 4 years examination (premier clerc (2) and pledge (2) )

License in Law + 3 years internship in a law office

Islamic Law License

PART 4:

As notaires the first thing to do is ask the owner of the property whether the land is registered in “la conservation foncière”. This can lead to two options:

Land not registered in la conservation foncière

If the land is not registered then it is not our work and they have to go to the adoul who will write an agreement between the two parties. We can still tell the interested buyer about the risks of buying a not registered land which can be as an example the land having multiple owners. If s/he is still interested in buying the property then they have two possibilities. The first one is as mentioned above, which consists of signing an agreement at the adoul’s office and then going to la conservation foncière and get the land registered under your name following the steps previously mentioned. Or ask the owner to register the land before coming to us as notaires to take care of the sale contract which