Forests, Property, Administrative

Some of the land lots subject of division fall within administrative delimitation of forests property which was used by the heirs of the two parties as forests property as defined in the ministerial decision taken on November, 19, 1938 acknowledging to its users he right to usufruct only without ownership pursuant to Article 1 of the directorial decision taken on May 1st 1938 considered as an implementation text to the Dahir of 04/03/1925 on the protection and delimitation of Argan forests. The court considered division after the validation of the legal expert’s report which defined the share of every heir in the property regardless its forest nature which makes it indivisible and without showing its relation to the administrative delimitation of forests property and if it falls within it or part of it, and thus its decision lacks justification.

Decision overruled