obtaining land certificate and sale of land

LAND CERTIFICATE PROCEDURE IN CAMEROON

INTRODUCTION

A land transactions can’t be completed without the signing of a land transfer agreement ,¬†Deed of Conveyance and the eventually the issuance of a land certificate. The Generally an individual or a corporation desirous to purchase land in Cameroon have a duty to consult a property attorney to conduct due diligence and investigate the tittle of the land at the property land registry so as to ensure the said land is free from all encumbrances like bank mortgages, chieftaincy dispute , court cases and double sales. A Notary public is statutorily commission to draft and sign all Deed of Conveyance in Cameroon, however he must have sighted a copy of the letter of allocation from the chief ( in case of new layout ) , survey site plan of the said parcel of land to ascertain the meters square area of the land or documents evidencing initial sale. The Cameroon penal code sanctions any vendor who does not make full disclosure at the negotiation stage before selling the piece of land as per section 318 of The Cameroon Penal Code.

DEED OF CONVEYANCE

A Deed of Conveyance is a legal document prepared by a Notary Public to convey absolute rights over a piece of land to a purchaser as per Section 8(1) of Ordinance No 74/1 of 6th July and Section 74  of Law N0 90/059 of 19th December , 1990. The Deed of Conveyance is usually prepared by the purchaser solicitor and must contain the following :

  1. Personal information of the vendor and the purchaser
  2. Information on how the vendor became owner of the land
  3. Assurance from the vendor that the land is free from encumbrances
  4. Willingness of the vendor to sell and the desire of the purchaser to buy
  5. The purchase sum must be included
  6. Covenant of indemnity to the purchaser in case of loss
  7. Th Deed of conveyance must be witnessed
  8. Most especially Notarized by a Notary Public

In property transactions the purchaser has a duty to pay adequate remuneration to the lawyer for preparing the deed of conveyance. Notary Public in Cameroon commonly charge 10% of the value of the transaction and can only reduce after a hard bargain by the purchaser. The higher the value of the property , the more percentage charged and the lower the value of the property ,the lower the percentage charged.

LAND CERTIFICATE PROCEDURE

The law regulating the grant of a land certificate in Cameroon is decree No 76/165 of 27th April 1976 which has been modified by decree No 2005 /481 of 16th December 2005. Land owners mistakenly consider their notarized  Deed of Conveyance to be a land certificate.The  procedure to obtain land certificate is strict and detailed . A summary of the procedure comprises of an application attached to wit a survey plan describing the land , payment of processing fee , visit to the locus for boundary demarcation & cadestral mapping , publication and the eventual issuance of a land certificate. 

In case of conflicting claims over a parcel of land, ownership is ascribe to the person that can proof a better tittle to the land. If there is no tittle document, it is sufficient to show that you have been in possession of the land. Evidence of land possession includes but not limited to; cultivation on the piece of land, erection of building or fence and demarcation of the land with pegs or beacons. The purpose of a survey plan in a land cases is to identify the land in dispute because who so ever cannot identify a piece of land will hardly convince the court to be the rightful owner. Traditional evidence can also be adduced to proof ownership of land but the court must be convinced as to who founded the land, how the founder founded the land and the names of intervening owners.

Conclusion

Ignorance they say is not an excuse to the law. This write up is aimed at enlightening the society and reduce the alarming rate of land cases in our courts.

Article By: Barr Mafany Victor Ngando.

Kinsmen Advocates

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.