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The Right of Preemption in Morocco
First, let us recall the conditions for exercising the right of preemption, which are four in number according to Article 293 of the Code on Real Rights:
– The person wishing to exercise their right of preemption must be a co-owner in the undivided property at the time of the sale of the right that will be subject to preemption;
– Their ownership must precede that of the person from whom the preemption is exercised;
– They must be in material or legal possession of their share in the real estate subject to preemption;
– Finally, the person from whom the preemption is exercised must have acquired it for a price.
According to Article 296 of Law 39/08 on the Code of Real Rights, if a partner in a registered property has sold their share to an outsider, the one among the other partners who wishes to exercise their right of preemption, namely you, must take the entire sold share or forgo it; the legislator has not allowed partial preemption.
However, if the seller transfers to several persons, or even to the same person but through multiple sale contracts, we have the choice according to Article 300 of Law 39/08, either to exercise our right of preemption over all the transferred shares or to take only the shares that interest us and accept the other buyers as new partners.
Regarding a registered land, we have the right to exercise our preemption against the buyer we choose, provided that the period for exercising this right of preemption has not expired. It is one year in this case, from the date of registration of the transfer at the Land Registry.
It should be noted that the right of preemption on registered property is obviously exercised against the buyer who has registered their acquisition at the Land Registry. It is then appropriate to recall the various deadlines within which the right of preemption can be exercised.
According to Article 304 of Law 39/08 on the Code of Real Rights, the period of preemption is one month if the buyer, after having registered their property at the Land Registry, notifies the holder of the right of preemption, particularly the co-owner in the undivided property, personally, by delivering a copy of the acquisition deed. Failing to notify within the above-mentioned period, any potential preemptor will lose their right of preemption if it is not exercised within one year from the registration of the transfer deed at the Land Registry, in the case where the property is registered or has been the subject of a registration requisition, and in the case where the property is not registered, within one year from the day the holder of the right of preemption became aware of it.
Finally, if the holder of the right of preemption has not become aware of this acquisition, they will lose their right at the end of a period of four full years.
Omar Touzani
Lawyer court
– The person wishing to exercise their right of preemption must be a co-owner in the undivided property at the time of the sale of the right that will be subject to preemption;
– Their ownership must precede that of the person from whom the preemption is exercised;
– They must be in material or legal possession of their share in the real estate subject to preemption;
– Finally, the person from whom the preemption is exercised must have acquired it for a price.
According to Article 296 of Law 39/08 on the Code of Real Rights, if a partner in a registered property has sold their share to an outsider, the one among the other partners who wishes to exercise their right of preemption, namely you, must take the entire sold share or forgo it; the legislator has not allowed partial preemption.
However, if the seller transfers to several persons, or even to the same person but through multiple sale contracts, we have the choice according to Article 300 of Law 39/08, either to exercise our right of preemption over all the transferred shares or to take only the shares that interest us and accept the other buyers as new partners.
Regarding a registered land, we have the right to exercise our preemption against the buyer we choose, provided that the period for exercising this right of preemption has not expired. It is one year in this case, from the date of registration of the transfer at the Land Registry.
It should be noted that the right of preemption on registered property is obviously exercised against the buyer who has registered their acquisition at the Land Registry. It is then appropriate to recall the various deadlines within which the right of preemption can be exercised.
According to Article 304 of Law 39/08 on the Code of Real Rights, the period of preemption is one month if the buyer, after having registered their property at the Land Registry, notifies the holder of the right of preemption, particularly the co-owner in the undivided property, personally, by delivering a copy of the acquisition deed. Failing to notify within the above-mentioned period, any potential preemptor will lose their right of preemption if it is not exercised within one year from the registration of the transfer deed at the Land Registry, in the case where the property is registered or has been the subject of a registration requisition, and in the case where the property is not registered, within one year from the day the holder of the right of preemption became aware of it.
Finally, if the holder of the right of preemption has not become aware of this acquisition, they will lose their right at the end of a period of four full years.
Omar Touzani
Lawyer court