The procedure for registering real estate property is an administrative procedure that allows you to register your property in registers known as "titres fonciers". If your property, whether land or building, has not been registered, the law considers it to be land without a master.
The law on land registration gives as a privilege to the registration of a property, the effect of purge giving rise to the establishment of a land title which cancels all previous titles and/or rights not mentioned therein. The land register therefore acts as the identity of the title.
As mentioned in the definition, the procedure for registering a real estate property involves a series of formalities that must be completed:
1-Request deposit
The application for registration may only be filed by the owner or co-owner, the usufructuary, the long leaseholder or holder of a surface right, the beneficiary of land easements with the owner's consent, the creditor who has not paid when due and who may, with a court order, obtain a seizure of the property and apply for registration, and the legal representative of an incapable person or a minor.
The application must be accompanied by any document showing the right of ownership, and sent to the land registry according to the applicant's instructions and in the light of any other topographical document.
After reviewing and approving the application, and paying the land registry fee, the requisition is registered, and a summons is issued to the applicant setting the date and time of the demarcation operations..
2-Boundary marking operations
Boundary marking consists of delimiting the property of the person who has made the requisition request. It is carried out by a surveyor-topographer in the presence of the applicant or his representative and the interested parties at the date and time set.
They then draw up a report of their operations, signed by the claimant or his representative and the interested parties, on the date and at the time set. They then plant metal stakes or cement blocks to recognize the property.
3- Land surveying and mapping
The surveying operation consists in precisely determining the boundaries, the base and the consistency of the property.
This operation is completed with the drawing up of the final land plan, which is then sent to the land registry, together with the land registry slip.
4- Publication and posting of the boundary closure notice
On receipt of the boundary plan, the registrar publishes a notice of boundary closure in the official bulletin and posts it at the offices of the Court of First Instance, the Local Authority and the Communal Council, where the property concerned is located.
The notice stipulates that for a period of two (02) months from its publication in the official bulletin, objections to the registration will be received at the land registry of the authorities concerned.
5-Opposition to a registration procedure
Opposition to a registration procedure can take place :
- in the event of a dispute over the existence or extent of ownership rights,
- in the event of a dispute over property boundaries,
- in the event of a claim to the exercise of a real right, likely to be registered on the land title to be drawn up.
6-Curator's decision: Registration
Registration is the final step in the process of registering a property.
Having ensured that all the formalities required by law have been completed, that the application is in order, that the documents submitted are sufficient and that no objections have been lodged, the registrar can now register the property and draw up the land title in the owner's name.
Our team is at your disposal to help you carry out these operations.
Faithfully yours,
Ilham Taha-Bouamri
Independent chartered accountant and tax specialist
