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Accueil > > cameroon : conditions for obtaining (...)

cameroon : conditions for obtaining land (...)

lundi 1er avril 2013

Decree No. 76-165 of 27 April 1976 setting out the conditions for obtaining land title, amended and supplemented by Decree No. 2005/481 du16 December 2005.

THE PRESIDENT OF THE REPUBLIC.

Given the condition of 2 June 1972, as amended and supplemented by Law No. 75-1 of the May 9, 1975 :

Considering Ordinance No. 74-1 of 16 July 1974 fixing the tenure, in particular Article 7.

DECREES :

CHAPTER I GENERAL PROVISIONS

1.The land title is the official certification of ownership. Subject to the provisions of Articles 2 (paragraph 3) and 24 of this Decree, the land title is unassailable, inviolable, definitive. It is the same acts establishing other rights attached to real property. The registration of an interest in a special register called Book Land wins this registration perfects the law and to third parties.

2. (Decree No. 2005/481 of 16 December 2005).

(1) Any person whose rights have been violated as a result of registration, has no use for the building, but only in case of fraud, a personal action for damages against the perpetrator of the fraud. (2) The action is brought before the civil court of the location of the building.

(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, process withdrawal of land title issued irregularly.

(4) The withdrawal of land title issued mutation causes the toll of 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 time allowed for appeal litigation

(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 authority 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.

CHAPTER II MODES OF OBTAINING LAND TITLE

Section I PROCESSING OF VARIOUS ACTS IN LAND TITLE

3. Demand transformation land title :

- Acts of acquisition of land enrolled in the "Grund-buch"

- Acts land acquisition according to the rules of transcription ;

- Vesting orders a domain concession ;

- Land booklets, or certificates of occupancy ;

- Final judgments or conveyances of real rights ;

- Agreements between Africans passed under the decree of September 29, 1920, repealed by Act of 27 June 1961 concerning deeds,

- Acts of acquisition "Freehold lands", addressed to the Manager provincial areas of the location of the building.

It must be stamped and contain the following information :

- Full name, date and place of birth, parentage, occupation, residence, family status ;

- All information identifying the building ;

- Transfers, transactions, leases, mortgages and other expenses incurred in the building.

4. In support of the application shall be accompanied, in addition to the plan and Minutes boundary of the property, all contracts and acts constituting public or private rights in rem which registration is required

5. If the building is not bounded, the Registrar of Land boundary areas requires its owner’s expense.

The demarcation is done in the presence of neighbors by a sworn surveyor of the cadastre.

In case of disputes about the limits of the building, the sworn surveyor revealed the plan, the part in question. The dispute shall, as appropriate, either before the Minister for domains that decision is final, in the case of public land, or court of competent jurisdiction, whether it is private land.

Any dispute concerning the ownership of land is inadmissible.

6. The acts in dispute can not be converted into land titles after notification to the Registrar land jurisdiction of the final decision by the authority or the court which ruled last spring.

7. Request processing "Certificate of occupancy" in land title should also be supported by a record of development and a certificate of acknowledgment from the administration areas royalties or rents due, if charges paid on the date of filing of the application for conversion are lower than official price of public land, the applicant is obliged to pay the difference.

8. The "Certificates of occupancy" issued to natural persons of foreign nationality and legal persons may be processed either as land or in leases, in accordance with the provisions of Articles 4 and 10 of Ordinance No. 74-1 of 6 July 1974 laying tenure, and the decree establishing the modality of management in the private domain of the State

Section II OBTAINING OF LAND TITLE FROM OCCUPIED AREA NATIONAL OR OPERATES

FIRST PARAGRAPH Persons entitled to seek to obtain a land title :

9. Are entitled to apply for obtaining a land title on a dependency National domain they occupy or operate :

a) customary communities, their members or any other person of Cameroonian nationality, provided that the occupancy or operation or prior to 5 August 1974, date of publication of Ordinance No. 74-1 of 6 July 1974 securing land tenure.

b) Persons deprived of their rights under Articles 4, 5 and 6 of Ordinance No. 74-1 of 6 July 1974 establishing land tenure

10. Administrators estate property can not obtain on their behalf, Land Titles on the property.

PARAGRAPH II Procedure

11. (Decree No. 2005/481 of 16 December 2005).

(1) Any person entitled to apply for obtaining a land title dependence on the national domain should be a file containing :

- Demand four (4) copies, 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 ;

- A 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 not probative completed before August 5, 1974.

12. (Decree No. 2005/481 of 16 December 2005).

(1) The application is filed with the district manager or sub-prefect of the location of the building.

(2) Upon receipt of the application, and within seventy-two (72) hours, the sub-prefect or Head of District shall, without any formalities sure the ground, a receipt to the address stated therein and passes in eight days to the Divisional Delegation of Land Affairs.

13. (Decree No. 2005/481 of 16 December 2005).

(1) Upon receipt of the application, the Departmental Delegate of Land Affairs published in fifteen days, by the head of department of land affairs department, an extract of the request by posting the premises of the service, in 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. 74/1du July 6, 1974, fixing the tenure, the Commission alone is competent to establish consultative findings occupation or exploitation of dependencies National 1èrecatégorie domain 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. (Decree No. 2005/481 of 16 December 2005).

(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 :

- The full names of participants ;

Of-valued 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. (Decree No. 2005/481 of 16 December 2005).

(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 termination 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 Registrar Land for further proceedings if it is covered, and the Departmental Delegate of Land Affairs for recovery if not target.

(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.

PARAGRAPH III Oppositions and inscriptions

16. (Decree No. 2005/481 of 16 December 2005).

(1) From the date of filing to the district or sub-prefecture of the application for registration, and until the expiry of a period of thirty (30) days after the publication of the bulletin notice 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 a 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 the indication of names, 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. (Decree No. 2005/481 of 16 December 2005). Oppositions or requests for registration rights unexamined day observation made later occupation or are addressed to the Registrar Foncier who must record receipt and in the order of arrival, in a special register.

18. (Decree No. 2005/481 of 16 December 2005).

(1) At the expiration of the period provided for in Article 16 above on receipt of objections or requests for registration of rights, the Registrar shall notify the applicant Foncier 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 Foncier release formal objections or requests for registration or to declare acquiesce, or finally make known its refusal to acquiescence and impossibility for him to get released.

19. (Decree No. 2005/481 of 16 December 2005).

In case of absence of opposition, demand registration rights or production release of opposition, the Conservative Foncier proceed to the registration of the building on the land register, in accordance with the Article 35 above.

20. (Decree No. 2005/481 of 16 December 2005).

(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 ;

- Is to register the land in the name of the applicant, with registration rights as applicable ;

- To be excluded before registration, land dispute ;

Or finally, to 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.

21.Lorsque opposition affects both the development and the limits of administrative districts, the commission established by Border Disputes Decree No. 74-490 of 17 May 1974 has sole jurisdiction, excluding commissions advisory.

Section III OBTAINING OF LAND TITLE AS A RESULT OF OR MERGER OF BUILDINGS branches REGISTERED

FIRST PARAGRAPH Disposals

22. The transfer free of charge or against payment of a building carries mutation of land title in the name of the original purchaser.

23. (Decree No. 2005/481 of 16 December 2005).

The notary who prepared the deed to the Registrar Foncier address of the location of the building a dossier including :

- A stamped application, the name, affiliation, domicile, matrimonial and nationality of the purchaser or transferee ;

- Building plan duly approved by the department head departmental cadastre of the location of the building ;

It notarized established in accordance with the provisions of Article 8 of the Ordinance No. 74/1 of 6 July 1974 establishing land tenure ;

- Copy of the original land title, produced by the seller or transferor.

24. The resolution of the sale of a building involves the transfer of title issued to the purchaser on behalf of the original owner. The action is brought before the civil court of the location of the building.

PARAGRAPH II The dismemberment

25. The branches of a building as a result of successive sales, sharing or gratuitous transfers, carries fragmentation of land title in favor of the initial purchasers or assignees of sharers.

26. It is the demarcation process of each batch by a sworn surveyor of the cadastre or approve reports that this operation on the original plan. Land title and a plan is developed for each separate lots.

However, in case of partial mutations, it is not necessary to establish a new title for the land portion of the building, not being subject to mutation, remains in possession of an undivided.

The title already issued and the plan attached are marked with the terms useful.

27. Obtaining title to land held under the same conditions as those laid down by Article 23 of this Decree.

28. If the issuance of land title is a row sharing, sharing it produce the act of sharing established by a notary if it is an amicable partition, or a final judgment of a court sharing.

PARAGRAPH III The merger

29. (Decree No. 2005/481 of 16 December 2005).

(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 Conservative talk Foncier. Notice of cancellation is inserted bulletin property and real estate advice

CHAPTER III COMMON PROVISIONS

Section I PRECAUTIONS TO BE TAKEN BEFORE THE ESTABLISHMENT OF LAND TITLE

30. Plans annexed to the acts referred to in Article 3 above shall, prior to any publications in the land, subject to a visa service confirmatory cadastre that will ensure that they remain consistent in all respects initial configuration of the buildings concerned, and they do not encroach on the public domain dependencies natural or artificial.

31. (Decree No. 2005/481 of 16 December 2005). Before any processing of land title deeds in the Land Registrar must verify under its responsibility exhibits and further ensure :

- The identity and capacity of the parties ;

- Availability of the building.

32. The building is available to view on when there is no registration act to transform nature to put an absolute or relative, temporarily or permanently out of business.

Are not available buildings expropriated

33. The charges on the various instruments subject to transformation in land titles must, if they are not extinguished appear on the new land titles without their inclusion gives rise to perception of additional rights.

34. (Decree No. 2005/481 of 16 December 2005).

The Registrar cancels Land and its annex to archive 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 registered.

Section II ESTABLISHMENTS IN LAND TITLE

35. (Decree No. 2005/481 of 16 December 2005).

Each case registration gives rise to the establishment by the conservative land with a title deed must :

- A description of the building with an indication of its consistency, its capacity, its location, its limitations, its proponents and outs ;

It vital indication of the owner ;

- Real rights existing on the property and encumbrances affecting ;

- 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.

36. When a title is established on behalf of a minor or other incompetent, the minor’s age and the nature of the disability are listed on the title.

37. (Decree No. 2005/481 of 16 December 2005).

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 :

- 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 building is located in 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 ;

It is regular act in terms of its external form with respect to the regulation of registration

38.

(1) After the registration of the building, special titles can be established on the request of interested parties on behalf of the beneficial owner, the lessee, the superficiality, antichresis to ensure the registration of rights they exert on the actual terrain registered. All relevant references are given in these cases, the title of the property in the name of the owner.

(2) The owner, to the exclusion of any other person entitled to a duplicate of the title deed and annexed the point. Duplicatum this single is registered and the Registrar certifies the authenticity Foncier by affixing his signature and stamp of the service.

All-usufructuary, lessee, antichrèse or superficies also entitled to accurate and authentic duplicatum complete special title which he could require the establishment.

- The other real right holders are not entitled to the issuance of certificates of registration with registered copy literal references to real rights to the charges listed

(3) When two or more persons are joint owners of a property, the title, and duplicatum plan annexed bears the names of co-owners. The duplicate is issued to the owner listed on the list. The other owners are entitled, upon request, copies of only land books.

Section III THE CORRECTION OF LAND TITLE

39. (Decree No. 2005/481 of 16 December 2005).

(1) When any omissions or errors have been committed in the title or registration, interested parties may request corrections.

(2) The Registrar may also Foncier 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. The decree specified 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.

(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, by summary statements made on the land title and duplicate issued. These particulars shall be signed and dated.

40. Whenever a change is brought on the land title, it shall be at the same time on the duplicate returned to the owner. A lack of production duplicatum by the owner, after summation sanseffet remained the owner is deprived of the right and is noted that as required formalities have been completed. During the term of disqualification, no fragmentation or mutation can be made in favor of third parties which may if necessary, be able to damages - damages against the owner.

Plans annexed to land title are amended accordingly.

Section IV CONSULTATION AND LOSS OF LAND TITLE

41. (Decree No. 2005/481 of 16 December 2005). The Registrar may issue Foncier any interested person, or a certificate showing compliance duplicatum a land title or only references named in the requisition, or a certificate that there is no land title registration.

42. In cases where the immovable is encumbered by a mortgage deferred nomination, mention is made of the required certificate indicating the validity of the opposition, however, if the nature of the information required by this revelation.

43. (Decree No. 2005/481 of 16 December 2005).

(1) In case of loss of the duplicate of the title deed, the Land Registrar shall issue a new order that saw 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 Foncier

CHAPTER V TRANSITIONAL PROVISIONS

44. Errors or omission in the land titles issued prior to the publication of this decree can be corrected in accordance with the provisions of Article 39 above.

45. Registration procedures or "certificate of occupancy" are being educated to completion in accordance with the provisions of this Decree.

CHAPTER VI MISCELLANEOUS DIPOSITIONS

46. This decree will be as necessary, by order of the Prime Minister, repeals regarding the procedure and the operation of the scheme of registration :

- Decree No. 66-307-COR of 25 November 1966 on the registration of customary land rights ;

- Decree of 21 July 1932 laying down the rules of registration ;

- Decree No. 71-116-COR 7 June 1971 and its implementing Decree No. 620 of 3 January 1972 on the transformation of judgments and booklets land title, will be recorded and published according to the procedure of urgency and in the Official Journal in both French and English.

Yaoundé, April 27, 1976

The President of the Republic,

El Hadj HAMADOU AHIDJO