Settlement of unclaimed properties during general survey work

- Creation of a new account called "Unclaimed Properties during Survey Works" instead of the previously applicable anonymous account. Note No. 4060 concerning the settlement of unclaimed properties during survey works:

The present note explains how article 89 of the Finance Code, amending article 23 bis of Ordinance No. 75/74, is being applied.

- Creation of a new account called "unclaimed properties during survey work" instead of the previously applicable anonymous account.

- Properties not claimed during the survey work are private properties whose owners were unable to be identified by the survey team's agents and which were not claimed from the beginning of the field investigation until the deposit of the municipal survey documents.

- The properties included in this account shall be settled according to the nature of the title deed as follows:

1. Properties supported by famous contracts shall be settled by applying the regionally competent real estate governorate attached to the contract and identification documents and, where necessary, imposed.

- Upon receipt of the application and registration in a special register marked by the Director of Real Estate Conservation shall:

Verification that the section in which the property in question is located has not been completed for 15 years.

To verify that the contract submitted is known as a real estate card and that the right still exists for the applicant's ownership of the property contract (not disposed of and not reserved).

Inspecting the real estate card and verifying the non-registration of a petition on the property in question.

If the property right is famous in another governorate, the state director shall correspond with the property governor of the latter to inquire about the legal status of the property and its last owner.

After the completion of the preliminary investigation at the level of the real estate governorate, the real estate governor shall:

- Correspondence with the Director of State Property to determine the presumed State's rights over the properties in question, which shall be returned within two months of the date of notification.

- Correspondence with the Director of the Land Survey to investigate the conformity of the appointment mentioned in the contract for the survey references to be required to settle. In case of conformity, the submission of the survey documents therefore shall be received within one month of the date of notification.

In settling part of a large ownership group, it is necessary to indicate the survey interest on the measurement document prepared by a real estate expert engineer to the applicant, who sends the survey documents to the real estate governor.

- When all the terms of the previous settlement are met, the property shall be definitively numbered in the owner's favor.

2. Settlement of property supported by unpublished contracts or by the exercise of actual possession:

This type of property is settled at the level of the Directorate of Real Estate Conservation, which is competent to submit a request for settlement attached to the unnamed contracts (official or customary) and in the case of possession (forensic certificates. Decisions on reconstruction contracts. Administrative decisions... etc. If the documents submitted to establish the fact of possession are insufficient, a certificate of possession may be requested). The settlement shall be as follows:

Registration of the settlement application in a special registry marked by the Director of Real Estate Conservation.

To verify that the application is within the deadline of two years from the date of receipt of the scanning documents for the section in which the property in question is located.

Directing a consignment to the real estate governorate located in its department of competence to conduct the necessary investigations, in particular from the fact that the property in question has not received a famous contract, that the reclaimed bond has not been used in the numbering of another property group and that the property has not registered a petition at the level of the real estate governorate (This is miraculous in my view because the undisclosed properties do not have any information on them. In this context, the information that can be found is that the property is still accounted for in the unclaimed properties during the survey work and that the property has not been numbered for another person.)

Correspondence with the Director of State Property to determine the legal nature of the property by the regulations in force in the field of national property. The reply shall be within two months of the date of notification.

Correspondence with the Director of Land Surveys to comply with the nomination of the property to be settled with the documents submitted. If the property is part of a large property group, it follows the same procedures as previously mentioned and the reply must be made within one month of the date of notification.

Finally, when all the conditions relating to the above settlement are met, the Director of Real Estate Conservation shall order the real estate governor to temporarily number the property for two years from the settlement application's submission date. In the meantime, the real estate governor shall register and settle the objections in this regard by Article 15 of CM. Resolution 76/63.

It should be noted that all previously registered properties (the receipt of the survey documents was completed before 2018/01/01) in the anonymous account have been transferred to the unclaimed property account during the survey works and also benefit from 15 years' temporary numbering and are also settled by the provision of article 89 mentioned above as of 2018/01/01. This is as follows:

1 - Properties belonging to the departments whose receipt transposed before 2014/12/31 shall be transferred directly from the anonymous account to the real estate account not claimed during the survey work.

2. Properties belonging to the departments whose receipt record was delayed from 2015/01/01 until 2017/12/31. In this case, article 67 of the Finance Law 2015 applied where they were numbered directly in the name of the State where we distinguish two cases:

They were registered by survey agents under the name of "presumed owner State", in which case there is no problem and they are transferred directly to the new account mentioned above.

If they are registered by the survey agents under the name of "State", then the property whose owners have not been identified by the survey agents must first be sorted and registered under the name of the State from that State fact to distinguish them and then transferred to the new account.