How authentic a customary contract is and how to convert it into an official contract

Before purchasing the property, confirm in the real estate governorate if the property is anointed "Cadastré" or not anointed "Non-Cadastré", and is considered anointed from the date of writing of the receipt of the general land survey documents by the real estate governor.

First: If the property is anointed:
The surveyed property cannot be disposed of based on a customary contract or possession... Except under the real estate book granted after the final numbering, and if the surveyed landlord apologizes to you for not owning the real estate book, or if it is lost or damaged, simply tell him to go to the real estate governorate and extract another book, and then contract at the notary. If the property is included in the unknown or the calculation of the unclaimed properties during the work of the General Land Survey, an application for settlement attached to the customary contract may be submitted to the Directorate of Real Estate Conservation within two years from the date of receipt of the land survey documents to obtain the real estate book, if the investigation finds that the State does not own the property.

Second: If the property is not anointed:
If the property has a customary contract and has no famous bond in the real estate governorate, the customary contract must be converted into a famous official contract by depositing it in the real estate governorate through one of the authentication offices.

To deposit the customary contract in the real estate governorate, the notary must meet the conditions:
The customary contract must be fixed-date and registered before 01/01/1971 at the registry office and the character of the tax authorities. The customary contracts, which were drafted after 31/12/1970, no longer have any legal validity and are limited to the authentication contract regulated by Ordinance No. 70-91 of 15/12/1970

Including the organization of documentation (Official Gazette No. 107 of 1970) and not accepting customary contracts edited from 01/01/1971, except for customary contracts registered between Juan 1983 (Text of the 1983 Supplementary Finance Act, which allowed registration of customary contracts) December 1992 (Finance Act of 1993 repealing the first mentioned provision) Customary contracts registered during this period have a fixed date, as stipulated in General Directorate of National Property Note No. 4618 of 04/09/2004 (para. 2-1 customary contracts prepared before the general land survey given its fixed history).

Article 328 of the Civil Code stipulates the conditions for the validity of a customary contract, which stipulates:
A standard contract shall not be an argument against a third party on its date unless it has a fixed date, and the contract shall be fixed at:

- From the day of registration.

- From the day the substance was proven in a late contract by a public official.

- From the day of his identification by a competent public officer.

- From the day of the death of one of those on the contract line and illumination.

However, depending on the circumstances, the judge may refuse to apply these provisions in respect of exclusivity.

If the customary contract is available on these terms, the owner only has to go to one of the authentication offices to place the content of this customary contract in a documentary contract and deposit it in the real estate governorate. After this contract is made public, the property can be disposed of "sold or encumbered... ‘’.

See also articles 326 bis 2, 329 of the Civil Code.

Customary contracts for non-surveyed properties that do not meet the requirements for acceptance:
To settle them "Any of their publications in the real estate governorate so that the property can be disposed of" three solutions:

- Request for settlement with the Directorate of Real Estate Conservation under Act No. 07-02 of 27-02-2007, which includes the establishment of a procedure for the inspection of real property rights and the delivery of title deeds through a real estate investigation (Official Newspaper No. 15 of 2007) By filling out a special form "Request for a real estate investigation" with a planned attachment of the property prepared by a real estate expert engineer. After the investigation, the title to the holder is handed over if it is found that the property is not owned by the State and that it is of a private property type that has no famous title.

2. Pending the commencement of the work of the land survey, the submission of the customer contract of the survey team is considered to be in support of the acquisition, and after the record of receipt of the land survey documents by the real estate governor, the real estate book shall be delivered to him either 4 months after the date of his numbering provisionally from the date of the pure (if he has possession for 15 years or more) or two years after the date of the record. If the property is not found to be owned by the State and there are no objections to this during the period of temporary numbering. And if it turns out to be the property of the State, it can make a purchase order or waiver from its party.

3. Recourse to the courts (lodging a claim for confirmation of a contract) and the judge's decision to accept or refuse.

If the customary contract is settled by such legal means, then the property may be disposed of by sale or purchase... etc.