Last refreshed Sep 8, 2026
Common question
Titre Foncier vs Melkia: title-risk checklist for foreign riad buyers in Marrakech.
Direct answer
A clean Titre Foncier is the clearest route to a defensible purchase. Melkia is unregistered customary title—never freehold—and a buyer should not release a 10% compromis deposit without complete verification, written protections, and notary escrow. If those safeguards are missing, walk away or wait for immatriculation.
The two title types in plain English
Titre Foncier: registered title
A Titre Foncier (TF) is registered at the land registry and identifies the property, registered owner and recorded rights or charges. A clean, current TF is the clearest starting point—but the buyer’s notary must still verify the certificate, seller authority, boundaries and charges.
Melkia: unregistered customary title
Melkia is not freehold. It is customary evidence of ownership outside the registered-title system. The ownership history, property identity, boundaries, heirs and competing rights require complete verification. A promise that it can be titled later is not a substitute for protection now.
Titre Foncier vs Melkia
| Check | Titre Foncier | Melkia |
|---|---|---|
| Legal record | Registered land-registry title | Unregistered customary evidence |
| Ownership review | Current certificate, owner and charges | Complete deed, possession and heir chain |
| Main risk | Undisclosed charges, mismatch or seller authority | Competing claims, unclear boundaries, indivision or missing heirs |
| Deposit rule | Written conditions suspensives and notary escrow only | |
Medina title friction to investigate
- Habous: establish whether religious-endowment status or related restrictions affect transfer.
- Unresolved indivision: every co-owner’s rights and authority must be resolved.
- Chefaa: have the notary assess any pre-emption right that could disturb the purchase.
- Complete heir chain: identify every succession, heir and required consent—no missing link is acceptable.
Decision tree before the 10% compromis
- Clean TF: proceed only after the buyer’s notary confirms the current title, seller authority, property identity and acceptable charges, with written conditions suspensives.
- Melkia—or “we will title it later”: do not treat the promise as registered title. Require complete verification, written exit/refund protections and notary escrow. If incomplete or unprotected, walk or wait for immatriculation.
- Title in réquisition: ask the buyer’s notary to confirm the exact procedural status, objections and remaining risk. If the outcome is uncertain or protections are incomplete, walk or wait for immatriculation.
Deposit checklist: protect the 10%
- Use written conditions suspensives covering satisfactory title, ownership, heir, boundary, charge and pre-emption checks.
- State the refund and exit mechanics if any condition is not satisfied.
- Place funds in the buyer’s notary escrow only—never with an agent or seller.
- Confirm timing and documentary requirements with the buyer’s notary. Contested cases may take much longer; do not rely on a fixed timetable.
Frequently asked questions
Is Melkia the same as freehold title?+
No. Melkia is unregistered customary evidence of ownership. It is not a Titre Foncier and should never be described as freehold.
Can a foreign buyer purchase a riad held under Melkia?+
A transaction may be possible, but possibility is not the same as acceptable risk. The buyer’s notary should verify the complete ownership and heir chain, boundaries, rights and restrictions, and the compromis should contain written conditions suspensives with the deposit held only in notary escrow.
How long does immatriculation take?+
There is no safe universal timeline. Confirm the expected process and current status with the buyer’s notary; contested, incomplete or complex Medina cases may take much longer.
Who should receive the 10% compromis deposit?+
The deposit should be held only in the buyer’s notary escrow under written conditions suspensives. Do not pay the deposit to an agent or seller.
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Based on 184 tracked riad listings across Marrakech Medina (2024–2026).