Issues Arising from Land Registration and Their Impact on Real Estate Development and Urban Planning

While land registration under the Moroccan system (established August 12, 1913) enhances property security and stabilizes ownership rights, it suffers from significant flaws. These include rigid deadlines, fragmented procedures, excessive authority granted to the registrar, and the absolute weight of registered entries. Notably, the system rejects acquisitive prescription (adverse possession) for registered lands and creates confusion over the concept of “possession” (ḥawz), particularly under Islamic legal principles concerning donations. These formal and substantive defects hinder real estate revitalization and urban development, demanding urgent reform to balance legal certainty with practical flexibility.