The Melkia is a document drawn up and certified by an adoul (notary in the traditional law) attesting to the ownership of a property within the framework of Moroccan customary law. It pre-existed the creation of Land Casdastre and Land Registry and remained recognized after their creation. Since the creation of these two administrations it has been possible to transform a Melkia into a freehold title.
Melkia co-exists with the modern system, particularly in the medina and in the countryside, where traditions are still dominant.
The Melkia has a certain legal value, but limited. Indeed, it is imprecise on the technical definition of the property (surface area, consistency, property’s limits and above all number and quality of rights holders), which can give rise to disputes.
It is possible to acquire a property in Melkia, through the Adoul (impossible through the notary) but our real estate agency Côté Médina advises against it. Particularly because your acquisition will not be registered with land conservation. And because the adoul does not guarantee that all taxes due are paid by the sellers. It is more prudent to go to a notary and ask the sellers to register the property with a view to obtaining a title. As a foreigner, non-muslim, some documents are impossible to apply for (istimrar), some administrative documents also can not be obatined if you are the owner for less than 12 years. As a consequence, we advise you to ask to the sellers to get the first registration at the land registry : the requisition number, si that you can at least go forward to the complete title.