1. Soulaliyate: land of enjoyment, not individual ownership
Soulaliyate (or collective) land belongs to ethnic communities and not to individuals. The members of the community, the rights-holders (soulaliyes), hold a right of enjoyment: they exploit, cultivate, sometimes live there — but they are not, legally, owners of a parcel they could freely transfer. This is the difference in nature from melk, the private ownership that serves as the market's reference.
This regime sits within the broader landscape of Morocco's land statuses — melk, collective, guich, habous, state-owned — which coexist under the framework of the land registration system (1913 dahir, Law 14-07). For soulaliyate land, the rule holds in one sentence: enjoyment is not ownership, and transfer to a third party is never free.
2. Law 62-17: administrative guardianship as the framework
Law 62-17, stemming from the 2019 reform, frames the administrative guardianship of soulaliyate communities and the management of their assets. It confirms the guardianship role of the Ministry of the Interior, organises the enjoyment of the rights-holders, and sets the conditions under which collective assets may be mobilised or valorised. Concretely, a transfer to a third party — and even certain operations between rights-holders — requires authorisations from the guardianship authorities.
This guardianship is not a formality: it protects the community, frames the destination of the land, and introduces two factors every valuer must quantify.
- A time factor. The authorisation is obtained at the end of an administrative procedure whose timetable does not depend on the buyer. The land remains immobilised during the review.
- An uncertainty factor. Nothing guarantees the outcome: the operation may be refused, conditioned or delayed by an objection from rights-holders. As long as the authorisation is not obtained, the buyer is acquiring an expectation, not a consolidated right.
3. Melkisation: the mechanism that changes value
Melkisation is the shift of soulaliyate land to private ownership (melk) for the benefit of the rights-holders who hold the enjoyment. The 2019 reform facilitated it, particularly within urban and urbanisation perimeters, where land pressure and buildable potential are real. Once melkisation is effective and confirmed by a title, the parcel joins the melk regime — and its value with it.
The crucial point for buyer and valuer alike: opening this avenue does not remove the uncertainty. Melkisation is a process, not a status acquired in advance. As long as it is not confirmed by an enforceable title, the situation is not settled — and that is precisely where the risk sits. Beyond melkisation for the benefit of rights-holders, Law 62-17 also sought to ease the mobilisation of soulaliyate land through partnerships or valorisation arrangements involving the community, each with its own framework of authorisation and guardianship.
💡 Hiyaza never works against a title — a reference point that avoids many mistakes
You sometimes hear that long occupation “ends up amounting to title”. That is false the moment a title exists: hiyaza (acquisitive prescription) can never produce any effect against a registered property and its recorded owner — the land title is definitive and enforceable against all. Hiyaza only concerns, where applicable, untitled land. For soulaliyate land, this means a claimed possession does not amount to appropriation: what counts is the real status with the ANCFCC and the progress of melkisation. Never pay a melk price on the strength of an old occupation.
4. Reading the status: what we check before valuing
None of these checks is conducted on the sole word of the seller: they rely on official documents and are carried out with a land lawyer and the expert. It is the same rigour as for verifying a land title before buying, at one extra level of complexity.
- The real land status with the ANCFCC: is the parcel indeed soulaliyate, already melkised, in the course of registration?
- The enjoyment rights: who are the rights-holders, what is the extent of their rights, are there internal disputes within the community?
- The guardianship authorisations: which have already been obtained, which remain required, at what stage is the procedure?
- The position within the urban planning documents: is the parcel within an urban perimeter, urbanisable, or out of scope — a key element for melkisation and for value.
- The progress of melkisation: initiated, in progress, confirmed by title? It is the cursor that moves the discount.
- Ongoing objections and disputes: any pending procedure weighs directly on the uncertainty, and therefore on the value.
5. Valuation caution: uncertainty translates into a range
A parcel's value does not rest only on its soil, exposure or potential: it also rests on the solidity of the right being acquired. On unsettled soulaliyate land, the buyer bears a risk of failure or delay of the transfer and a carrying cost during the procedure. The expert translates this risk into a legal-uncertainty discount — which is never a scale.
In line with RICS Red Book standards, this discount is most often expressed as a value range with explicit assumptions (for example “subject to melkisation confirmed by title”), and it shrinks as the situation is secured. Purely as an illustration of the logic — and not as a scale:
- Unsettled situation (soulaliyate, no authorisation, undocumented enjoyment): the most pronounced discount, because the transfer remains hypothetical.
- Procedure underway (guardianship authorisation in progress, melkisation initiated): the discount decreases as the uncertainty recedes and the timeframe becomes clearer.
- Settled situation (melkisation confirmed by title): the parcel joins the value of an equivalent melk, subject to its own characteristics.
The same logic governs other land of enjoyment that is not freely transferable, such as guich land and its regularisation: you do not pay today for a status that is not secured. And for untitled land in general, the same caution applies on what an untitled property is worth.
6. Building before settling: the recurring trap
The temptation is frequent: “the parcel has been exploited for decades, we might as well build”. On soulaliyate land whose transfer is not secured, investing in the building amounts to building on someone else's right. In case of a transfer refusal, a dispute between rights-holders, or a challenge to the occupation, the immobilised investment can be lost or very difficult to recover. Prudence requires securing the land before the building, never the other way around — and having each step validated (authorisation, melkisation, title) rather than presuming the outcome.
7. Our reading: a valuation file to decide, not for the court
The free real estate valuation we carry out serves to inform a decision and a negotiation: it documents the value, formalises the legal-uncertainty discount as a range, and lists the conditions that would make it evolve (guardianship authorisation, confirmed melkisation, title). It is not a judicial valuation — before a court, the judge appoints the expert. But to know how much to offer, under which conditions precedent, and from when the melk price becomes justified, an independent report changes the conversation with the seller and with your bank — and supports your position with third parties.
Our RICS-certified experts produce reports compliant with RICS (Red Book), anywhere in Morocco, from 3,500 MAD excl. tax, within 5 to 8 days (48-72 h in express), with a firm quote within 24 hours. On a soulaliyate land file, this report is designed in articulation with your land lawyer and the ANCFCC verification — each in their role, no shortcuts.
8. FAQ
What does Law 62-17 change for soulaliyate land?
Stemming from the 2019 reform, it frames the administrative guardianship of soulaliyate communities and the management of their assets: enjoyment of the rights-holders, guardianship of the Ministry of the Interior, and better-marked avenues for valorisation — including melkisation for the benefit of rights-holders within urban perimeters. It did not turn soulaliyate land into ordinary melk: transfer to a third party remains subject to authorisation.
What is melkisation?
The shift of soulaliyate land to private ownership (melk) for the benefit of the rights-holders who hold the enjoyment, facilitated by the 2019 reform, especially within urban perimeters. As long as it is not effective and confirmed by an enforceable title, the third-party buyer is acquiring an uncertain right. It is the progress of melkisation that moves the value cursor.
Can you buy soulaliyate land from a rights-holder?
Not like melk. The rights-holder has a right of enjoyment, not a freely transferable parcel. Transfer to a third party is subject to authorisation from the guardianship authorities. Never pay a melk price before the full securing of the transfer and verification of the status with the ANCFCC, conducted with a land lawyer.
How does the expert value soulaliyate land?
Never by a scale: they translate the legal uncertainty and the time to settlement into a discount, most often a value range with explicit assumptions, compliant with the Red Book. Pronounced as long as the situation is not settled, it shrinks as melkisation progresses and an enforceable title is confirmed. Each file is adjusted to its degree of progress.
Can hiyaza apply against registered soulaliyate land?
No. Hiyaza (acquisitive prescription) can never produce any effect against a registered property and its recorded owner: the land title is definitive and enforceable against all. It only concerns, where applicable, untitled land. For soulaliyate land, it is the real status with the ANCFCC and the progress of melkisation that count, never a claimed possession.
Soulaliyate land in your project? Have the uncertainty quantified before paying.
RICS-certified experts — a free valuation report to frame the value, the legal-uncertainty discount and the conditions of its resorption (guardianship authorisation, melkisation, title), within 5 to 8 days (48-72 h in express). Reports compliant with RICS, anywhere in Morocco, from 3,500 MAD excl. tax. 4.9/5 across 47 reviews, more than 5,000 valuations carried out.
Note: Soulaliyate land falls under the administrative guardianship of the Ministry of the Interior, within the framework of Law 62-17 stemming from the 2019 reform. This article is informative and does not constitute legal advice: the status of a parcel, the rights of the rights-holders, the guardianship authorisations and the progress of a melkisation must be verified case by case with the ANCFCC, a notary and a land lawyer, according to the regulations in force. A free valuation informs a purchase decision and a negotiation; it replaces neither a judicial valuation nor legal advice. To document your property's value, see our real estate appraisal service or the ReaConsult blog.