Professional Documents
Culture Documents
Mindful of the constitution of 2 june 1972, Mindful of law N°.73-3 of 9july 1973
authorizing the president of the republic to establish by ordinance rules
governing land tenure and government owned landed properties.
PART I :
GENERAL PROVISIONS
1. (1) the State guarantees to all natural persons and corporate bodies
having landed property the right to freely enjoy and dispose of such lands.
(2) The state shall be the guardian of all lands. It may in this capacity intervene
to ensure rational use of land or in the imperative interest of defence or the
economic policies of the nation ;
(3) The terms and conditions of such intervention shall be fixed by decree.
PART II :
PRIVATE PROPERTY
3. (1) when the present ordinance enters into force, the holders of the right
flowing from the deeds referred to in Article 2 b) , c) , d) and e) shall lodge the
said deeds at the provincial or divisional lands service for publication in
the land registers.
5. (1) (ordinance N°. 77-1 0/ 10th January 1977) Holders of final judgements to
establish or transfer interest in reality in urban centres shall, also under
penalty of forfeiture, notify the competent land service within a period of ten
year from 5 august 1974, the date of publication of ordinance N°1 of 6 july
1974, for conversion of the said judgements into land certificates, the said time
limit shall be extended to 15 years for land in rural areas.
(2) provided that when such judgements relate to lands occupied in good faith,
the occupents shall in the event of sale of the said landshave a preferencial
right to be exercised within the framework of the development of the area in
question.
(3) All landed property cases pending before the courts and introduced outside
the scope of the registration procedure shall fall within the jurisdiction of the
boards provided for in article 16 below. The dossiers relating to such cases
shall be transferred to the said boards when the present ordinance enters into
force.
7. (1) the terms and conditions of issue of land certificates, and the rules
relating to the cancellation of the same, shall be fixed by decree. (2)
Regulations relating to liens and mortgages, the prenotation of charge and
distraint of real property , shall be fixed by law.
(3) The parties thereto and the notaries and court registrars who draw up such
deeds shall further be punishable with a fine of 25,000 to 100,000 francs or
with imprisonment of 15 days to 3 years, or with both such fine and
imprisonment.
• Persons selling or leasing one and the same land to two or more persons ;
• Notaries and court registrars who assist the abovementioned persons or who
draw up deeds for lands situated outside the territorial jurisdiction of their
chambers.
9. Subject to the laws and regulations relating to town planning, hygiene and
policing owners may on their lands exploit quarries as defined by mining
regulations.
10. (Ordinance N°.77-1 of 1Oth January 1977) (1) Natural persons and
corporate bodies of foreign nationality or incorporation wishing to invest
in Cameroon may conclude lease agreements or purchase landed property
except in the border areas.
(2) Deeds drawn up for this purpose shall bear the prior approval of the
minister in charge of lands, under penalty of being null and void.
(3) In the event of resale, the state shall have a peemptive right of purchase
over the property taking account of the initial price developments carried out
and amortization.
(2) The said procedure shall be applied directly, for purposes of public,
economic or social utility or indirectly at the request of local councils, publics
establishments and public service concessionaries, when no joint settlement
between the bodies in question and the owners has been achieved.
13. (1) The bodies on whose behalf expropriation is applied shall compensate
the dispossessed persons from their budget.
PART III :
NATIONAL LANDS
14. (1) National lands shall as of right comprise lands which, at the date on
which the present ordinance enters into force, are not classed into the public
or private property of the state and other public bodies.
(2) National lands shall not include lands covered by private property rights as
defined in Article 2 above.
(3) In the event of forfeiture as provided for in Articles 4 and 5 of the present
ordinance or of non-completion of the procedure referred to in Article 6,
the lands in question shall be incorporated as of right in the national lands.
16. (1) National lands shall be administered by the state in such a way as to
ensure rational use and development thereof.
(2) provided that customary communities members thereof, and any other
person of Cameroonian nationality peacefully occupying or using lands in
category 1 as defined in article 15 on 5 august 1974, the date of entry into
force of the present ordinance , shall continue to occupy or use the said lands.
They may apply for land certificates in accordance with the terms of the decree
provided for in Article 7.
(3) Subject to the regulations in force, hunting and fruit picking rights shall
further be granted to them on lands in category 2 as defined in Article 15, until
such time as the state has assigned the laid lands to a specific purpose.
18. (1) (ordinance N°.77-1 of 10th January 1977) The state may classify
portions of national lands under the public property of the state or incorporate
such lands in the private property of the state or in that of other public bodies
for purposes of public, economic and social utility.
(3) This ordinance shall be registered and published according to the procedure
of urgency and inserted in the official Gazette of the United Republic
of Cameroon in French and English.
19. (1) The following landed property transactions shall be subject to the
collection of fees :
(2) The rates of such fees shall, where applicable be fixed by the Finance Law.