Real estate in Morocco: will your land title soon be blocked in case of non-payment?
The National Agency for Land Conservation (ANCFCC) ordered on Friday the systematic use of judicial seizures to recover unpaid fees. This measure aims to secure the claims of the State by freezing the land titles of recalcitrant debtors.
The Director General of the ANCFCC issued this January 30 the circular note 26/1 relating to the recovery of additional conservation fees. Local registrars are now instructed to initiate protective seizure procedures after informing users of the obligation to settle their overdue files. This administrative offensive aims to protect the financial resources of the institution.
The Agency now treats these arrears as priority public claims, relying on Law 58.00 and the Code for the Recovery of Public Claims. Under Article 110 of the Land Registration Dahir, registrars have the legal authority to act directly. The objective is to guarantee the payment of fees related to registration and the publicity of real rights.
The recovery protocol begins with the sending of a formal notice granting the debtor a 30-day period to regularize the situation. In the absence of voluntary payment, the registrar requests an order from the president of the court of first instance. This step makes it possible to obtain a protective seizure on the properties related to the claim, ensuring a real guarantee for the State.
Once the court order is registered on the land title, the property is legally blocked. The owner is then summoned again to pay off the debt, failing which the administration will resort to forced execution. The release of the seizure is granted only after the full payment of the sums due and the presentation of the payment receipt to the legal services of the Agency.
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