Decree n ° 2005/481 of changing December 16th, 2005 and supplementing certain dispositions of the decree n ° 76/165 of April 27th, 1976 fixing the conditions of getting of land title
The president of the republic,
Mindful of the constitution ;
Mindful of Ordinance N° 74/1 of 6 july 1974 to establish rules governing land tenure ;
Mindful of Decree N° 76/195 of 27 April 1976 to establish the conditions for obtaining land certificates ;
Mindful of Decree N° 2004/320 of 8 december 2004 to organize the Government ,
HEREBY DECREE AS FOLLOWS :
1.The provisions of articles 2, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 29, 31 ,34, 35, 37, 39, 41 and 43 of the decree N ° 76/165 of April 27th, 1976 fixing conditions for obtaining of land title, are changed and supplemented so as follows :
2. (new) : (1) Every person whose rights were throughout wronged d of a registration, shall have no claim on the property ; in the sole event of fraud, he shall take personal action for damages against the perpetrator thereof.
(2) The action shall be brought before the civil court of the areas where the property is situated.
(3) However, the Minister of Land Affairs may, in case of fault of the administration, particularly due to irregularity in the procedure for obtaining land title, and in view of authentic products, proceed to removal of improperly issued land titles.
(4) The removal of. Issued land titles without mutation causes trais that title in the name of the original owner, whether a building is registered. The building is handed over to the same and similar state it was in before the issuance of the title, if a building is not registered.
(5) The withdrawal of the land referred to in paragraph 3 of this Article shall, except in cases of fraud by the beneficiary, made within the period for bringing proceedings :
(6) A land title is no public policy in the following cases :
Where several land titles are issued on the same land, in which case they are declared null and void, and procedures are reviewed to determine the rightful owner. A new land title is then drawn in favor of the latter ;
When the title deed is issued arbitrarily without following any procedure or obtained by a process other than those provided for this purpose ;
When the land title is prepared in whole or in part on a length of the public domain ;
When the land title is set partly or wholly on a parcel of private property of the State, a public e or a public body in violation of the regulations.
(7) The invalidity of title to land under paragraph 6 above is established by a decree of the Minister of Land Affairs, subject to appeal before the competent administrative court.
(8) Public officials recognized authors or accomplices of impropriety that led to the withdrawal or finding of invalidity of title to land, shall be punished according to the provisions of Article 2 of Law No. 80/22 of 14 July 1980 punishment of offenses relating to land and State.
1. (new) (1) Any person entitled to apply for obtaining a land title dependence on the national domain should be a file containing :
An application for four (4) copies of the original is stamped indicating his name, his parentage, his home, his occupation, his marital status, nationality, the. Name under which the property must be registered ;
Description of the property (location, size, nature of the occupation or exploitation, its estimated value, an indication of the encumbrances affecting).
(2) The signed application must refer to a building consisting of a single parcel. If a road or river crosses the field, it is subject to many applications there are separate plots.
(3) Applications on land free of occupation and exploitation are inadmissible. They are educated according to the procedure of concession.
(4) also followed the procedure of concession applications for layouts. value made after August 5, 1974, unless it is established by the Advisory Committee highlighted that these were preceded by an occupation or exploitation inconclusive made before August 5, 1974.
12 (new) : (1) The application is filed with the district manager or sub-prefect of the location of the building.
(2) Upon receipt of the file. and within seventy-two (72) hours, the sub-prefect or district chief issue, without any formalities sure the ground, a receipt to the address stated therein and passes within eight days of the departmental delegation Land Affairs.
13 (new) : (1) Upon receipt of the application, the Departmental Delegate of Land Affairs published in fifteen days by the Chief. Service department of land affairs, an extract of the request by posting the premises of the service, the sub-prefecture, district, town hall and the leadership of the village concerned.
(2) On the proposal of the head of department of land affairs department, the sub-prefect or chief district territorially competent president of the advisory commission decision fixed the date of acknowledgment of occupation or exploitation.
(3) Where there are several requests, it is established each month, at the behest of the head of department of land affairs department, and by decision of the prefect or head of the district concerned, a work schedule of the Advisory Board.
(4) Under the provisions of section 16 of Ordinance No. 74/1 of 6 July 1974 establishing land tenure, the Commission alone is competent to establish consultative findings occupation or exploitation of dependencies National Estate of first category in order to obtain the land title.
(5) Where the property to register interest to several administrative districts, advisory committees involved sit together at the initiative of one who holds the record.
(6) In the case of occupation or effective operation, the Advisory Committee shall immediately arrange to have the boundaries of the property by a surveyor of the cadastre sworn in the presence of residents. Boundary charges are the responsibility of the applicant.
(7) Where the boundary can not be completed in the presence of all the members of the Advisory Board, the chairman of that committee appoints an ad hoc committee which oversees the work of demarcation to completion. The village chief and a notable place are a mandatory part of this committee.
(8) A penalty of nullity, no demarcation registration can be done only by the surveyor.
14 (new) : (1) At the end of the boundary, a plan and a report shall be prepared by the surveyor.
(2) The plan is signed by the surveyor. The minutes are signed by the boundary surveyor of. Chairman of the Advisory Commission of the department head department of Land Affairs, the village chief and concerned residents.
There is mention :
Full name of the participant ;
The set value and their authors ;
Description of the recognized limitations of the length of the sides.
Each vertex of the polygon formed by the building is designated by a number.
The plan is attached to the boundary triangulation points or polygonization.
15 (new) : (1) Within thirty (30) days after the meeting of the Advisory Committee referred to in Article 13 above, the Departmental Delegate of Land Affairs transmits the provincial delegate of Land Affairs in addition to the folder containing the items listed in the Article 11 of this Decree, the minutes of the Advisory Board, five (5) copies of the plan and the minutes of the property boundary.
(2) The provincial head of department of Land Affairs in the registered monitoring provincial registry of applications for registration, assigns a number, examine the regularity of parts produced, is appropriate and establishes a notice of closure boundary that is published in the bulletin of property and real estate advice referred to in paragraph 4 below.
(3) The file is transmitted to the conservative land for further proceedings if it is covered, and the Departmental Delegate of Land Affairs for recovery if it is not covered.
(4) The form of property and real estate advice is issued by each provincial delegation of the Ministry of State Property and Land Affairs. Its organization and operating procedures are established by a decree of the Prime Minister.
16 (new) : (1) From the date of filing in district ou.à the sub-prefecture of the application for registration, and until the expiry of a period of thirty (30) days after the publication of the newsletter view property and real estate in the opinion of boundary fence, any interested person may intervene :
a) either by way of opposition and only if there is dispute about the author, or the extent of the development ;
b) an application for registration of rights in case of high claim on the existence of a real right or charge may be included in the title to make.
(2) Objections and requests for registration of rights is formed by application stamped with indication of full name, home speakers, causes of action and the statement of actions, securities or documents on which they are supported.
The application made before the meeting of the Advisory Committee shall be addressed to the district manager or sub-prefect of the location of the building must submit to the consideration of the commission on the day of the descent to the ground.
17 (new) : oppositions or requests for registration rights unexamined day observation occupation or made subsequently are submitted to conservative land who must record receipt and in the order of arrival, in a special register.
Article 18 (new) : (1) At the expiration of the period provided for in Article 16 above on receipt of objections or requests for registration of rights, the conservative land notify the applicant to address for all entries in the register of oppositions . (2) The applicant shall, within thirty (30) days from the date of notification or report to the Registrar land, hand-raised formal objections or requests for registration or acquiesce to declare, or finally make known its refusal to acquiescence and impossibility for him to get hand-thrown.
Article 19 (new) : In case of absence of opposition, the application for registration of rights or production of hand-emergence of opposition, the Conservative land makes the registration of the building on the book land in accordance with the provisions of Article 35 above.
20 (new) : (1) The objections or requests for registration of rights outstanding at the expiry of the period laid down in Article 18 paragraph (2) above, shall be submitted to the Governor territorial jurisdiction for settlement after consulting the advisory committee.
(2) On the proposal of the chief provincial Land Affairs, the Governor may, by order, as appropriate, authorize the conservative land ;
Either to register the land in the name of the applicant, with registration rights as applicable ;
To be excluded before registration, land dispute ;
Or finally reject the application for registration.
(3) The Governor’s decision is appealable to the hierarchical Minister of Land Affairs.
(4) The decision of the Minister, Land is subject to appeal before the competent administrative court.
Article 23 (new) : The lawyer who prepared the deed address the conservative land of the location of the building a dossier including :
A stamped application, the name, affiliation, domicile, matrimonial and nationality of the purchaser or transferee ;
A plan of the building duly approved by the department head departmental cadastre of the location of the building ;
The deed drawn up in compliance with the provisions of Article 8 of Ordinance No. 74/1 of 6 July 1974 laying tenure ;
Copy of original title deed produced by the seller or transferor.
29 (new) : (1) In case of merger of adjacent buildings, the owner gets the establishment of a new title to the land on which are listed all entries encumbering the old titles.
(2) These are necessarily canceled by the Conservative land. Notice of cancellation is inserted bulletin property and real estate advice
Article 31 (new) : Before any processing of land title deeds in the land custodian must verify under its responsibility exhibits and further ensure :
The identity and capacity of the parties ;
The availability of the building.
34 (new) : The Conservative cancels land and annex its archives the documents produced in support of the application for registration. However, if a document relates, in addition to the property register, a separate building of this property, the conservative land gives the parties a copy of this document with a statement of cancellation on the property registere
35 (new) : Each case registration gives rise to the establishment by the conservative land with a title deed must :
Description of the building with an indication of its consistency, its capacity, its location, its limits, its ins and outs its
Indication of marital status of the owner ;
Real rights on the existing building and the encumbrance thereon ;
A serial number and a particular name ;
The plan of the building signed by a sworn surveyor referred by the department head departmental cadastre of the location of the building.
37 (new) : If the issuance of land title is subsequent to a sale, the conservative land must, before applying the fragmentation or operate transfer or merger, ensure that :
The transformation was carried out in compliance with the provisions of Article 8 of Ordinance No. 74/1 of 6 July 1974 referred to above ;
The property is situated within the radius of its jurisdiction and that it is referred to in the deed of law ;
The plan annexed to the Act has been endorsed by the head of department of the cadastre of the location of the building ;
The act is regular in terms of its external form with respect to the regulation of registration ’
39 (new) : (1) When (omissions or errors have been committed in the title or registration, interested parties may request corrections.
(2) The registrar may also land automatically rectify, under its responsibility, irregularities from its actions or those of its predecessors, the documents used in the preparation of title or any subsequent entries .
(3) The amendment is authorized by decree of the Prime Minister if it infringes the rights of others. This decree specifies where appropriate, the arrangements for safeguarding the rights of third parties ;
(4) In all cases, the first entries are left intact and corrections listed on the current date. In all cases, the first entries are left intact and corrections listed on the current date.
5) All entries made on the books useful property accordance with the provisions of this Decree are made, canceled, reduced or corrected by the conservative land, through summary statements made on the land title and duplicate issued. These particulars shall be signed and dated.
41 (new) : The Conservative land may issue to any person concerned or a certificate showing compliance duplicatum a land title or only references named in the requisition, or a certificate that there is no registration a land title.
43 (new) : (1) In case of loss of the duplicate of the title deed, the registrar may issue a land that saw a new order of the President of the Civil Court of the location of the building, made at the request of the owner.
(2) The ordinance declares null and void in the hands of any holder, the duplicate lost. A notice is published in this direction bulletin property and real estate advice, at the behest of conservative land. "
Article 2 : This decree shall be registered, published according to the procedure of urgency and inserted in the Official Gazette in English and French.
Yaoundé, December 16, 2005
The President of the Republic