Double Sale of One and The Same Piece of Land in Cameroon: The Legal Implications
Keywords:
Land, double sale, same parcel of land, more than two persons, Cameroon, notary publicAbstract
Over the years, the issue of double sale of one and the same parcel of land in Cameroon has been ‘hitting bells. This may be as a result of the high demand of land and population growth. Thus, land owners who relinquished their rights over their land through sale double cross the first buyer and resell the same parcel to another which therefore sparks fray amongst the buyers as to who is the rightful owner on the one hand, and on the other hand, calls for legal intervention to settle the scores. Thus, to sell land in Cameroon like elsewhere, the buyer has the obligation to trenchantly ferret if there is any interest on that piece of land and ask the seller to provide acute information concerning the piece of land to avoid future inimical. To purchase land in Cameroon, there are formalities and procedures to respect if the purchaser is a national or a foreigner. Thus, distraction from the majesty of and ultimately falling into desuetude is detrimental to the buyer. However, the problem this paper seeks to address is that the notion of double sale of one and the same piece of land to more than one person has been cacophonous in Cameroon, which therefore sets in motion the question; what does the law say on double sale of one and the same parcel of land to more than one person? Is the law actually erect or fallen? Here then lies the thrust of this paper.
References
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52. The documents shall comprise: (a) the plan and demarcation report; (b) the town planning certificate; (c) the copy of the land certificate; and, (d) a certi ficate attesting that the state has waived the right of preemption provided for in Article 10 of Ordinance N° 74/01 of 6 July 1974 in the case where the owner is of foreign nationality’.
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55. Ibid, Section 8.
56. Ibid, Section 9.
57. Ibid, Section 10.
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66. This is found in Article 2 of the 1976 Decree.
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72. The procedure is laid down in Ordinance N° 74/03 of 6 July 1974 to e stablish procedures governing expropriation of land for public purpose and the terms and conditions of compensation.
73. Revised in 2016.
74. Suit N° CANWR/MS/21C/2010 and in the case of Sevitinyi Sylvester v. The People of Cameroon and Another , suit N° CANWR/MS/3C/2013.
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79. Trespass to land is a tort which may take three forms: a) entry upon another’s land; b) remaining on another’s land; and, c) placing or throwing any material object on another’ land.
80. (1914) 3 KB 98. Cite this Article Rodrick Ndi , Njulefac Protinus , Bafuke Evarestus Nji, Carine Chamboli Oke, Tanyi Irene Semvitur. Same Piece of Land in Cameroon: The Legal Implications . National Journal of Real Estate Law. 2019; 2(1): 1–12p.
