Real estate ownership is a process, which requires important prerequisites in order to obtain the certification that confers the right to enjoy, use and dispose of land in the most absolute way: it is the land title. The said prerequisites, after visiting the site and obtaining the certificate of ownership, consist in the constitution of the technical file in order to finalize the deed of sale at the notary. What is the technical file and how do I get it?

THE CONCEPT OF TECHNICAL FILE

It is important to note that there is no legal definition of the technical file; but on observation, we easily notice that it is a set of documents made up of demarcation reports and sketches of plans. The surveyor will therefore have to assemble this file and deposit it in the cadastre for the update on the Map (map) for attachment to the cadastral plans and visa of the Head of the cadastre service. How does all of this play out on the ground?

 

IMPLEMENTATION OF THE TECHNICAL FILE

Do you have the ambition to buy land? If so, it will necessarily be necessary to obtain a technical file in your name, on the plot object of the purchase. Note that the notary is not authorized to draw up a contract for the sale of land without a preliminary technical file. What usually happens are “promises of sale”. To obtain your technical file, you need, apart from the technical file itself, a certain number of important documents: The original land title, the subdivision plan referred to if it is subdivided land and the certificate of ownership.

You will have understood that before any payment, prudence requires first to draw the certificate of ownership, go down on site to make a topographical survey, set up the terminals and draw the related sketches. The demarcation report, which must be signed by the buyer, the seller and the surveyor, is paired with the sketch drawn up by the latter and stamped by a surveyor-expert. Then follows the submission of the file to the cadastre which will pass in turn by the controller, the update and the head of the cadastre service. Depending on the efficiency and meticulous follow-up of the file, the technical file in the name of the purchaser may be available between 02 weeks and 01 month. The foot can now be put on the accelerator, that is to say, write the notarial deed and initiate the registration procedure in the name of the purchaser. Any useful thing where Nimmo-Auto is willing to accompany you in the field.

It is a legal principle that “Human beings have the right to repent” that is to say to withdraw from a commitment; thus, in the event of a change of mind, the correction remains a permitted alternative. Aware of this truism, the legislator considered the possibility of withdrawing an action that an applicant would have brought and in which he would no longer have any interest. Even more interesting in the field of real estate or more specifically land, the question of withdrawal refers to a waiver of rights to a plot of land previously acquired. The explanation is very simple: a buyer has initiated a purchase procedure on a piece of land; having followed our advice to the letter (read our article on the procedure for buying real estate in Cameroon), he decides to have a technical file drawn up to finalize the deed of sale at the notary; two hypotheses are then possible: either he has had the technical file drawn up (set of documents having the nature of demarcation reports and sketches of plans having the interest of linking the land to the geodetic network by updating ), on an unspecified or erroneous parcel, or he wishes to resell to someone else without finalizing the procedure of fragmentation or total transfer as the case may be. In each of these hypotheses, it will first be necessary to proceed with a withdrawal before pursuing any action. PROCEDURE FOR PROPERTY WITHDRAWAL The withdrawal is in principle notarized, i.e. must be made before the territorially competent notary, but can also be made at the police station before the police commissioner. It is in fact an attestation or a letter of withdrawal which reveals the applicant's intention to manifestly renounce his rights to a specific plot for the benefit of a new purchaser or for the benefit of the basic rights holders, i.e. say initial sellers. In any case, the withdrawal is always for the benefit of X or Y person; which is practically the quick sale technique of some land buyers who want to limit the expenses related to the procedure for obtaining a land title and sell quickly using the technical file. In addition, a deliberate or unintentional error may occur in the assembly of a buyer's technical file. Instead of parcel X being the subject of the file signed in the cadastre, it is rather parcel Y: we are talking about lot confusion. The solution obviously lies in a withdrawal in order to start a new procedure aimed at obtaining the technical file on the correct batch. If, on the contrary, it is accepted that the beneficiary of such an erroneous technical file refuses to withdraw voluntarily, the party with an interest may bring an action before the competent judge for land fraud combined with a breach of trust, which will of course open right to criminal sanctions. Key words Land disclaimer Applicant Notary Police Commissioner Judge

The land is a whole and to make it viable, it is customary to transform it beforehand into several lots resulting from the division of a land property in strict compliance with town planning rules: this is the subdivision. We are therefore well downstream, in the presence of a land unit intended to be upstream, split up for efficient transformation, in compliance with national and international standards in terms of land development. In any case, the objective of the subdivision is to facilitate the exploitation, rental or transfer of the land by a division in ownership or enjoyment. It is then necessary to respect a legally framed procedure so that we can eventually speak of subdivided land. This leads us to wonder about: what is the subdivision procedure in Cameroon? Following this problem, it is important to point out from the outset that there are three types of housing estates, each with their own procedure, in this case the state housing estate, the municipal housing estate and the private housing estate. It is, moreover, the last type of subdivision that holds our attention in the context of this analysis. Consequently, if it is admitted that the Cameroonian legislator has developed a legal procedure for the private subdivision of land, it is nonetheless true that there are important prerequisites.

 

PREREQUISITES TO ANY PRIVATE LAND LOT PROCEDURE IN CAMEROON

 

You should know that the subdivision generally highlights two major actors: the Owner or the initiator of the service (the promoter) and the operator of the service (the subdivider), who is generally called the financier in Cameroon, when having right does not have the direct means of initiating the procedure. This preliminary and important meeting is used to set the milestones of the owner's vision, combined with the expertise of the financier, who can easily provide general information and give the approximate deadlines for carrying out the work with regard to his experience and his contacts in the field.

Cameroonian land practice therefore favors calls for financing of subdivisions, where the rights holders generally promise a compensatory area to the financier, in the event of the work being carried out. But the latter, before truly committing to it, is often forced to pay a "signing bonus". A memorandum of understanding between the parties is then signed before a notary, so that each party respects its commitments. The subdivision procedure itself can therefore be launched.

 

THE PRIVATE SUBDIVISION PROCEDURE IN CAMEROON

 

The legal framework for subdivision on the initiative of private individuals or legal entities is contained in the following texts: 2004 law on town planning (Articles 54 to 64); decree of 79 on the rules relating to the creation of subdivisions and complementary and amending decree N ° 90/1481 of November 09, 1990.

Thus, for the subdivision to be possible, the land must first be registered. If there is not yet a land title on the said land, it will be imperative to start with the registration (see our article on registration) before starting the subdivision procedure. It is useful to remember that it is not necessary to launch a subdivision procedure for land with less than 04 lots intended for the construction of dwelling houses; a planning certificate is sufficient to sell.

Overall, the subdivision must be created on the initiative of the owner of the land. Thus, the aforementioned financier, to carry out the procedure, must act in the name and on behalf of the latter who is the real applicant. The subdivision application file as described by article 4 of the decree of 79 (you can find it here), must be deposited at the town hall against receipt. The mayor sends the file together with his opinion, within 15 days of submission, to the local town planning department. The latter examines the file within 30 days and sends it to the Prefect, who also has 30 days to decide by reasoned decree, from this transmission. At the end of this period, the silence of the Prefect constitutes approval of the subdivision; confers art 6 of the decree of 90 ((you can find it here).

Moreover, the owner, if he does not have the means to personally satisfy a subdivision procedure, can appeal to a financier, who will mobilize a certain number of skills for the realization of the subdivision plan by topographic survey on a scale of 1/1000 or 1/5000 which must be stamped by the head of the cadastral service of the location of the building, before being introduced with the other documents in the file indicated in article 4 of the decree of 79 so that the Minister validates the subdivision by decree.

An operationalization on the ground with machines, which only consists in materializing this subdivision plan will therefore be made in the end, in order to make the site viable for better exploiting it, renting it or selling it, after a physical delimitation of the plots by demarcation and right-of-way of land routes.

 

Key words:

Subdivision procedure

Applicant

Financial

Mayor, minister

Town planning

The state is the custodian of all land; as such, it administers them “with a view to ensuring their rational use and development” according to article 16 of the ordinance of 74/1 fixing the land tenure system. Thus and in order to carry out projects of general interest, the dependencies of the national domain, can be incorporated into the private domain of the State or that of public legal persons by the procedure of incorporation, which we will not approach in the framework of these developments. It is different for those that have been the subject of private appropriation following registration (see the article on the registration of land in the national domain). The procedure in this last case will therefore be that of expropriation for reasons of public utility. The latter is defined as a method of unilateral forced transfer of real estate property, built or not, belonging to individuals or legal persons, against compensation. This study will therefore describe the expropriation procedure, before analyzing the procedure for compensating victims.

 

• I. THE EXPROPRIATION PROCEDURE

The legal basis for such expropriation is Law No. 85/09 of July 4, 1985 governing expropriation for public utility and its implementing decree No. 87/1872 of December 16, 1987. Expropriation can in fact be undertaken either directly by the State or indirectly at the request of local authorities, public establishments, public service concessionaires or State companies.

The applicant's request must therefore be addressed to the Minister in charge of land and land affairs. It includes: an explanatory note of the project to be carried out, the location of the project, the area requested, the approximate start date of the work and the availability of compensation credits with an indication of the means of compensation.

In all cases, the project must be in the public interest or in the general interest in various fields such as sport, education, health, employment, economy, regional planning and town planning. An investment therefore targeting a private interest cannot therefore benefit from this procedure; this is the case, for example, of the construction of a villa or a hotel.

The long-term objective of the expropriation, being the taking by the MINDCAF, of an order declaring the public utility of the planned works. The said decree also has a prescription of 02 years with the possibility of 01 year of extension, to proceed with the expropriation; otherwise, it will be null and void.

During this limited period, and according to this decree, a commission of observation and evaluation (see article 5 of the decree for its composition) is set up to carry out an investigation aimed at ascertaining the rights, delimiting the land concerned and this at the expense of the beneficiary, evaluate the goods in question and identify their holders and owners. This phase is sanctioned by the drafting of reports of findings and evaluation.

At the end of this procedure, an expropriation decree entailing the transfer of ownership by transfer of land titles, the suspension of any transaction and development on the land concerned, the purging of real rights registered before the signing of the decree (transformation into claim for compensation) as well as eviction, fixes the compensation due to the evicted persons.

 

• II. COMPENSATION OF VICTIMS

Expropriation opens the right to compensation in cash or in kind for the victims. The latter are in principle private owners within the meaning of the laws and regulations, that is to say people with land titles on their plots. However, the occupants without title also have rights which are recognized to them by the ordinance of 74 which protects them besides against any attempt of eviction, even if they are prohibited from selling these plots (see the recent note of the MINDCAF ). Seen in this way, they can also claim compensation, provided they prove their status as a “good faith occupier”; after all, they have to comply when the state requests these plots.

It is important to know that before resorting to expropriation, the applicants must carry out prior negotiations with the owners or heirs concerned with a view to reaching an agreement. In the event of a disagreement, MINDCAF plays the role of arbiter.

In addition, the indemnity is in principle pecuniary but there may be compensation in kind of equal value. If it is land, the compensation must be made as far as possible in the municipality of the land affected by the expropriation. If the value of the land offered in compensation is greater than that of the land that has been expropriated, the balance is paid by the beneficiary of the compensation; in the opposite case, the balance is paid by the beneficiary of the expropriation.

It should also be noted that the compensation is made in principle, before the expropriation but in practice, we observe more the occupation of the premises by the beneficiary of the expropriation before payment, under the basis of this possibility authorized by law "in certain cases ". For example in Cameroon, we still remember the expropriation for public utility in Douala in the DIKOLO district, in the department of Wouri, which hit the headlines for a while.

What must be remembered, however, is that the compensation is borne by the legal person who requested the expropriation, or when it is specifically the State, by the budget of the ministerial department having requested it. requested. It relates to the direct, immediate and certain material damage caused by the eviction. It covers bare land, crops, buildings and any other development. However, no compensation is due for the destruction of dilapidated buildings or threatening ruins; the same applies to constructions carried out on the fringes of town planning rules or in violation of the legislative or regulatory provisions fixing the land tenure system.

We cannot conclude without emphasizing that the victim has the right to refuse the amounts of compensation offered; as such, after a prior complaint remained without conclusive effect, it may seize the competent administrative judge of the location of the building, within 01 months following the date of notification of the contested decision. But such legal action does not stop the expropriation, let alone its effects.

The victim may also, when he considers that the expropriation is abusive, go so far as to challenge the public utility nature of the expropriation; in this case, it is advisable to take collective action with the neighborhood for greater efficiency.

 

 

Key words

Expropriation procedure

Public utility

Compensation

Victims

Owners

Untitled occupants

The land title is the only certification of real estate ownership. It is issued after a rigorous and animated procedure from start to finish with advertising. Any claimant to a right relating thereto, then having all the means and time limits to oppose, or request registration in the event of a claim raised to a real right or charge likely to appear in the land title, cannot therefore in principle, including assert real rights after its issue, if the registration procedure has been scrupulously respected. Said title is therefore final, unassailable and intangible. Thus, a victim of fraudulent tactics, third party to the procedure for registering land, has no direct recourse on disputed land which has been abused, but rather a personal action in civil liability for damages against the author of this fraud.

However, it is important to emphasize that despite these definitive, unassailable and intangible characteristics of the land title, it can however be either modified (following an assignment, a dismemberment or a merger) or rectified (at the result of errors or omissions) is completely cancelled. It is this last aspect, which consists in withdrawing any prerogative linked to the land title, which interests us in this case. This will be the case in the event of lack of vigilance or complicity of the administration or even in the event of fraud by the beneficiary, because no one can claim a legitimate right in the wrong; and there is a fundamental principle of justice which emphasizes that “fraud cannot serve as a title to a right”. Many rights holders in Cameroon are also victims of the cancellation of land titles, particularly with the recent waves of cancellations in certain regions of the country. In this study, we will therefore see together the conditions for the cancellation of a land title, its effects, but above all the attitude to adopt when one is a victim of it.

 

1. THE CONDITIONS FOR CANCELLATION OF THE LAND TITLE

Article 2 of the 2005 decree setting the conditions for obtaining the land title, in its paragraphs 3, 5 and 6, is quite clear on the issue by providing:

“(3) … the Minister in charge of Land Affairs may, in the event of fault on the part of the administration, resulting in particular from an irregularity committed during the procedure for obtaining the land title, and in view of the authenticated deeds produced, proceed the withdrawal of the irregularly issued land title.

(5) The withdrawal of the land title provided for in paragraph 3 of this article may, except in the case of fraud by the beneficiary, only take place within the time limit for litigation.

(6) A land title is null and void in the following cases:

- when several land titles are issued on the same land; in this case, they are all declared null and void, and the procedures are re-examined to determine the legitimate owner. A new land title is then established for the benefit of the latter;

- when the land title is issued arbitrarily without following any procedure, or obtained by a procedure other than that provided for this purpose;

- when the land title is established in whole or in part on a dependency of the public domain;

- when the land title is established in part or in whole on a parcel of private domain of the State, a public authority or a public body, in violation of the regulations”.

This means that the applicants, parties or injured third parties, may seize the competent administrative authority for the purpose of canceling a land title within a period of 2 months from the establishment of this title (deadline not respected in practice at cause of the information most often known late, of the abuse: jurisprudential solution). In the event that the said authority, which can only pronounce the annulment, only in the hypotheses provided for above rejects the appeal, the applicant may lodge a contentious appeal before the administrative chamber of the supreme court within 60 days from the rejection of the administrative appeal under penalty of foreclosure (see the law article 7 of the law of December 8, 1975 on the procedures before the Supreme Court ruling in administrative matters).

The same is true for applicants who are against the cancellation of the land title by the Minister: they have a prior non-contentious appeal before this administrative authority, before going to litigation before the administrative judge.

It should also be noted that the cancellation of the land title is not only administrative but can also be jurisdictional; we will not dwell on it. But what about the effects of such a decision?

 

2. THE EFFECTS OF CANCELLATION

In this case, attention should be paid to paragraphs 4, 7 and 5 of the same text which provides:

“(4) The withdrawal of the land title issued entails the free transfer of the said title to the name of the initial owner, if it is a registered building. The building is returned to the same and similar state it was in before the issue of the title, if it is an unregistered building.

(7) The nullity of the land title provided for in paragraph 6 above is declared by an order of the Minister in charge of Land Affairs, subject to appeal before the competent administrative court.

(8) Public officials recognized as perpetrators or accomplices of irregular acts resulting in the withdrawal or declaration of nullity of a land title, shall be sanctioned in accordance with the provisions of Article 2 of Law No. 80/22 of July 14, 1980 repressing attacks on land and state property”.

This simply means that if an irregular registration has occurred, the nullity of the title is absolute, that is to say with retroactive effect with regard to all, thus considering that it never existed. The title resulting from the fragmentation, for example, will be canceled and the land will automatically fall back into the regularly established parent title and will remain for the owner of this title. On the other hand, in the event of a withdrawal of the title of a land which was not registered at the start, but which, on arrival, was fraudulently registered, the land falls back into its domain of origin (domain national, public or private of the State). Crooked public officials who facilitated such maneuvers can also be prosecuted.

Ultimately, despite the inadequacy of the law with land practice on the retroactive effect of the cancellation of the land title, when we know that in most of these titles, sales, fragmentation, transfers... have been operated, it should be emphasized all the same that if the land falls back into the national domain, for example, nothing prevents a new registration procedure from being carried out there in strict legality.

 

 

Key words

Cancellation of the land title

Irregular registration

Appeals voice

fault of the administration

Beneficiary Fraud

The profession of real estate agent is framed in Cameroonian law by law N ° 2001/020 of December 18, 2001 on the organization of the profession of real estate agent, and its implementing decree N ° 2007/1138 / PM of September 3, 2007 laying down the conditions for accessing and exercising the profession of real estate agent. In order to solve the problem linked to the housing crisis with a demand for housing estimated at 11,750,000 for an offer of around 540,000 dwellings in urban areas, according to the National Institute of Statistics, according to a survey report published in July 2020, it is imperative for public policies to develop specific rules, in order to facilitate access to housing, or even access to land, for all. It is with this in mind that, apart from the vast social housing construction projects initiated by the State and its private partners, the faculty has been given to certain professionals to carry out real estate transactions and make it their usual profession. Understand by real estate transaction: “the purchase, sale, rental or subletting bare or furnished of built or unbuilt buildings; 2. The purchase, sale, rental or lease-management of businesses; 3. the subscription, purchase, sale of shares or shares in real estate companies giving rise to the allocation of premises for use or ownership; 4. The purchase or sale of non-negotiable shares, when the corporate assets include a building or a business; 5. property management”.

The real estate agent therefore appears as a link between real estate supply and demand. He is a professional who, in order to exercise, must observe strict compliance with the regulations in force, in particular with regard to the conditions for exercising his profession: it is therefore necessary to obtain an entry in the register of real estate agents from the Minister in responsible for housing for the issue of a professional card, provide the required financial guarantee, subscribe to an insurance policy and have never been convicted of an offense relating to the loss of wealth or abuse of confidence. But what are the obligations of a real estate agent vis-à-vis his client and, moreover, what are his rights?

 

THE OBLIGATIONS OF A REAL ESTATE AGENT

To have a good understanding of the obligations of the real estate agent, it is useful to convene section II of the second chapter of the law of 2001 which addresses them in abeyance.

Indeed, it is essential to know that the real estate agent is above all, an agent of his principal. The latter can be either an offeror or an applicant for real estate.

In this capacity, the agent is required to carry out the mission entrusted to him with expertise and diligence in the spatial and temporal extent entrusted to him. It therefore has the option of using third parties for the effective implementation of this mission. It is in this sense that he can call on brokers, colleagues or intermediaries of his choice. He can also personally take charge of carrying out his tasks. It should be added that the real estate agent, while respecting the limits of his mandate, is not bound beyond what is agreed in the mandate. All this therefore imposes a consideration, generally called “commissions”, which aims to compensate the real estate agent.

 

THE REAL ESTATE AGENT'S REMUNERATION

Chapter IV of the 2007 decree provides clear information on the remuneration due to a real estate agent to compensate for his services. Thus, Article 32 uses the sale or rental price as a criterion for attaching the remuneration due to this professional. Thus, the remuneration based on the facilitation of a rental or a sale, can be quantified either at a fixed amount, or as a percentage agreed upon by agreement, within the limit authorized by law.

It is also possible for the real estate agent to demand from his client, in addition to his remuneration, costs related to the opening of the file, to research, to advertising, to the drafting of the lease contract, or at the visit.

.

 

Key words

Real estate agent

Remuneration; Fees

Real estate transactions

Mandate.

Real estate being an essential vector of wealth, several operators invest in it to implement real estate operations. The latter can be defined as any real estate transaction carried out between an offeror and an applicant who meet on the real estate market, in order to acquire or sell a property. The property we are referring to here can include both unbuilt buildings (land) and built ones (construction). It therefore obviously seems to be emphasized from all points of view that the acquisition of real estate requires, beforehand, certain precautions with regard to the significant investments made there. What are these precautions; how can a buyer or better, a real estate investor preserve his interest in this sector?

 

GENERAL

The essential legal basis to use is Decree No. 79-017 of January 13, 1979 on private real estate transactions.

Overall, it should be remembered that for a partial alienation or sale of a domain, it is first necessary to proceed to a demarcation of the part concerned which is only the result of a request, addressed to the service of the territorially competent domains; this is brought into play by the seller. Then, the report and the demarcation plan must be drawn up. The latter must also be stamped and stamped. For a sale which relates to the whole, dispensation is made to carry out the demarcation.

Following these prerequisites, the territorially competent notary is jointly seized by the seller and the buyer, with certain supporting documents; he must proceed with the drafting of the deed and expedite the fragmentation procedure (on this subject, read this article here) with a view to registering this space.

 

SPECIFICITY

It is also important to emphasize that real estate purchases or financing must take certain criteria into account before being truly operationalized:

First, consider the area of ​​investment or real estate purchase: is it a rural area? Is this an urban area? what is the market price applied to it? (Read our article on the price list here) and correlate it with your real estate project: is it to promote housing? Is it for a family building? Is it for an agricultural project? Is it for an industrial, sports project etc.?

Secondly, take into account the current and future level of development of the area: is it inhabited? At what scale? Is it electrified? Is it paved? If not located how many kilometers from the tarmac, is there a current or future economic, social or cultural project, in the short or medium term targeted in the area?

Taking all these elements into account will certainly allow you to calmly and efficiently carry out your purchase or your investment at the "right price". This way of doing things will also promote better foresight on the assessment of investment risks and therefore tip the balance more in your favor so that in the long term, you have the feeling of added value following the real estate transaction. .

The state is the custodian of all land; as such, he administers them “with a view to ensuring their rational use and development” according to article 16 of the ordinance of 74/1 fixing the land tenure system. Thus and in order to carry out projects of general interest, the dependencies of the national domain, can be incorporated into the private domain of the State or that of public legal persons through the incorporation procedure. It is different for those that have been the subject of private appropriation following registration (see the article on the registration of land in the national domain). The procedure in this last case will therefore be that of expropriation for reasons of public utility. The latter is defined as a method of unilateral forced transfer of real estate property, built or not, belonging to individuals or legal persons, against compensation. It will therefore be in the context of this study to describe the expropriation procedure, before analyzing the procedure for compensating victims.

 

THE EXPROPRIATION PROCEDURE

 

The legal basis for such expropriation is Law No. 85/09 of July 4, 1985 governing expropriation for public utility and its implementing decree No. 87/1872 of December 16, 1987. Expropriation can in fact be undertaken either directly by the State or indirectly at the request of local authorities, public establishments, public service concessionaires or State companies.

The applicant's request must therefore be addressed to the Minister in charge of land and land affairs. It includes: an explanatory note of the project to be carried out, the location of the project, the area requested, the approximate start date of the work and the availability of compensation credits with an indication of the means of compensation.

In all cases, the project must be of a nature of public utility or general interest in various fields such as sport, education, health, employment, economy, regional planning and town planning. An investment aimed at a private interest cannot therefore benefit from this procedure.

The ultimate objective is for MINDCAF to issue a decree declaring the public utility of the planned works. The said decree also has a prescription of 02 years with the possibility of 01 year of extension, to proceed with the expropriation; otherwise, it will be null and void.

During this limited period, and according to this decree, a commission of observation and evaluation (see article 5 of the decree for its composition) is set up to carry out an investigation aimed at ascertaining the rights, delimiting the land concerned and this at the expense of the beneficiary, evaluate the goods in question and identify their holders and owners. This phase is sanctioned by the drafting of reports of findings and evaluation.

At the end of this procedure, an expropriation decree entailing the transfer of ownership by transfer of land titles, the suspension of any transaction and development on the land concerned, the purging of real rights registered before the signing of the decree (transformation into claim for compensation) as well as eviction, fixes the compensation due to the evicted persons.

 

COMPENSATION OF VICTIMS

 

Expropriation opens the right to compensation in cash or in kind for the victims. The latter are in principle private owners within the meaning of the laws and regulations, that is to say people with land titles on their plots. However, the occupants without title also have rights which are recognized to them by the ordinance of 74 which protects them besides against any attempt of eviction, even if they are prohibited from selling these plots (see the recent note of the MINDCAF ). Seen in this way, they can also claim compensation, but must comply when the State requests these plots.

It is important to know that before resorting to expropriation, the applicants must carry out prior negotiations with the owners or beneficiaries concerned with a view to reaching an agreement. In the event of a disagreement, MINDCAF plays the role of arbiter.

In addition, the indemnity is in principle pecuniary but there may be compensation in kind of equal value. If it is land, the compensation must be made as far as possible in the municipality of the land affected by the expropriation. If the value of the land offered in compensation is greater than that of the land having undergone the expropriation, the balance is paid by the beneficiary of the compensation; in the opposite case, the balance is paid by the beneficiary of the expropriation.

It should also be noted that the compensation is made in principle, before the expropriation but in practice, one observes more the occupation of the places by the beneficiary of the expropriation before payment, under the basis of this possibility authorized by the law "in certain cases ".

The indemnity is borne by the legal person having requested the expropriation, or when it is specifically the State, by the budget of the ministerial department having requested it. It relates to the direct, immediate and certain material damage caused by the eviction. It covers bare land, crops, buildings and any other development. However, no compensation is due for the destruction of dilapidated buildings or threatening ruins; the same applies to constructions carried out on the fringes of town planning rules or in violation of the legislative or regulatory provisions fixing the land tenure system.

We cannot conclude without emphasizing that the victim has the right to refuse the amounts of compensation offered; as such, after a prior complaint remained without conclusive effect, it may seize the competent judge of the location of the building, within 01 months following the date of notification of the contested decision. But such legal action does not stop the expropriation, let alone its effects.

The victim can also, when he considers that the expropriation is abusive, go so far as to contest the public utility character of the expropriation; in this case, it is advisable to take collective action with the neighborhood for greater efficiency.

 

 

Key words

Expropriation procedure

Public utility

Compensation

Victims

Owners

Untitled occupants

Tax is defined as a deduction made by a public authority (tax authorities, customs, municipality, etc.) from part of an individual's assets for the purpose of general interest. The land property tax (TPF) is therefore a tax on built or unbuilt real estate located in the capitals of administrative units, or in towns that benefit from paved roads, water supply, electricity and/or telephone. Are also subject to it, the natural or legal persons, owners of these goods (owners of right) or usufructuaries within the framework of certain leases: emphyteutic, construction, rehabilitation and authorizations of temporary occupation of the public domain (owners of fact). It is payable each year between January 1 and June 30 at the tax center of the location of the building, under the declaration system. What is then the basis of the TPF for which sanctions in the event of breaches and who can be exempted? Articles 577 and following of the General Tax code (CGI) edition 2021here, as well as articles L.53 and following of the book of tax procedures here, specifies the legal regime.

 

• I. LAND PROPERTY TAX BASE

 

Under the terms of article 580 of the CGI, the TPF is based on the value of buildings and their constructions. It must be declared by the owner honestly because in the event of a reduction or absence of declaration, an administrative declaration will be made therein with reference to the price list. In case of disagreement, an expertise may be requested from the judge before the competent court by means of a request.

The legislator adopting incentive measures to remove the additional municipal centimes to consider only the taxable rate of 0.1% which is then multiplied by the value of the land, possibly adding to the buildings it houses. Thus, for an unbuilt plot of 500 m² with a market price estimated at 15,000 FCFA, the value of the land will be 15,000 x 500, for a total of 7,500,000 FCFA; The tax amount will then be (7,500,000 x 0.1) / 100 = 75,000 FCFA/year. While for the same land housing a construction estimated at 10,000,000 FCFA, the amount of the TPF will be (7,500,000 + 10,000,000) x 0.1 / 100 = 175,000 FCFA/year.

 

• II. PERSONS EXEMPT FROM LAND PROPERTY TAX

 

Not all properties are subject to property tax. This is the case, for example, of those not having an industrial and commercial character, belonging to the State, to decentralized territorial communities and to public establishments; this is also the case for schools and public and private hospitals, faith-based organizations and cultural associations or charities declared of public utility, with regard to their buildings assigned to non-profit use; this is also the case for industrial, agricultural, livestock and fishing companies with regard to their constructions for use as factories, hangars or warehouses, with the exception of constructions for office use which are erected there; this is also the case for the properties of international organizations that have signed a headquarters agreement with Cameroon; diplomatic representations, subject to reciprocity; clubs, associations or approved sports bodies, properties intended for sports activities as well as sports infrastructures; Finally, it is the case of land exclusively allocated to agriculture, livestock and/or fishing.

 

3. SANCTIONS IN CASE OF NON-PAYMENT

 

The book of tax procedures specifies that if the taxpayer does not pay the said tax, his land ownership and his name will be published in the list of insolvent taxpayers of the General Directorate of Taxes and will be subject to a notice of recovery and to a collection title, which are enforceable titles for the collection of direct taxes; it is addressed to the insolvent taxpayer. The latter has 15 days to comply, failing which, with a view to a tax adjustment with application of the corresponding penalties, he may be prosecuted.

 It should therefore be noted that late payment interest is 1.5%/month for a ceiling of 50%. If the subject person still does not comply, he is liable to penalties relating to the closure of the establishment, the blocking of bank accounts, criminal prosecution for imprisonment of 1 to 5 years and/or fine of 500,000 to 5,000,000 FCFA, temporary or permanent ban on bidding for public contracts, notice to third party holder for payment by a third party, generally debtor of the taxpayer and finally, seizure-attribution or even to the seizure and sale after formal notice equivalent to an order to pay, which has had no effect (see article L.59 of the book of tax procedures.

 

Keywords :

Land property tax

Taxpayer

Public authorities

Recovery

Acquiring land in Cameroon is not a long calm river. Indeed, there are assumptions where, although having satisfied all the requirements and precautions related to the purchase of land, one still finds oneself prey to the thorny problem of double sale. How is it possible to be the victim of such a mistake and how to behave to safeguard your rights in this case?

 

SCHOOL ASSUMPTION: CASE OF DOUBLE SALE

 

Consider a practical case where X is the first buyer, Y the seller and Z the second buyer.

Y has a master land title in which he wants to sell a specific plot. Moreover, to give X confidence, he communicates to him the number of the land title for checks in the cadastre. It turns out that the certificate of ownership reveals that X is indeed the owner of the land and that said land is not encumbered by any charge or mortgage.

Very enthusiastic and confident from now on, X undertakes to conclude the necessary formalities to acquire the land from Y, in particular to sign a deed of sale before a notary and initiate his technical file with a view to dividing it up. Except that, X is unaware that at the same time, Y has taken the same steps with Z to sell the same plot.

While the request for fragmentation and the demarcation reports have been signed, and the procedure introduced by the surveyor with the competent department, X decides to anticipate and go and develop his land, in particular by launching a project there. of construction. While he is in the middle of a foundation, Z arrives and asks to stop everything, claiming that it is his land recently purchased from Y. Z being advised, therefore hastens to go and oppose , thus blocking the completion of the technical file of X.

The facts thus exposed, what does the law say?

 

LEGAL SOLUTIONS

 

It is clear that Z exercises his right of opposition with reference to article 16 of the decree of 2005 setting the conditions for obtaining the land title here which provides:

“(1) From the day of filing at the district or sub-prefecture of the requisition for registration, and until the expiry of a period of thirty (30) days from the publication of the bulletin of domain and land notices of the boundary fence notice, any interested person may intervene:

a) either by way of opposition and only if there is a dispute over the author, or the extent of the enhancement;

b) or by request for registration of rights, in the event of a strong claim on the existence of a real right or of a charge likely to appear in the title to be established.

(2) Oppositions and requests for registration of rights are made by stamped request including the indication of the name, first names, domicile of the participants, the causes of intervention and the statement of the deeds, titles or documents on which they are supported.

The request made before the meeting of the advisory commission is addressed to the head of the district or sub-prefect of the location of the building who must submit it to the examination of the said commission on the day of the descent on the ground”.

X's technical file cannot therefore be completed before the opposition is lifted, because the double sale, constituting an infringement of land ownership, makes it impossible to complete the fragmentation procedure.

In this regard, even if the fragmentation procedures would have been successful for X and Z, each of these land titles would be void of public order, and the procedures re-examined in order to determine the legitimate owner and establish a land title for his benefit, if we stick to the provisions of article 2 paragraph 6 of the aforesaid decree.

Ultimately, to resolve the hypothesis described above, X or Z can turn against Y and the notary of these acts to claim a fine ranging from 25,000 to 100,000 FCFA and a sentence of imprisonment of 15 days to 3 years or one of these two penalties. See article 8 of the Ordinance of July 6, 1974 fixing the land tenure system.

The land may therefore, after investigation, return to the first purchaser in good faith, regardless of whether one has highlighted the land or not.

 

HOW TO REGISTER OCCUPIED OR OPERATED LAND AND THOSE FREE OF ANY OCCUPATION OR OPERATION IN CAMEROON?

 

It is an open secret that land is a treasure and the only official certification that grants ownership rights to land is the land title which is unassailable, intangible and final. This is in any case what emerges from Decree No. 76-165 of April 27, 1976 setting the conditions for obtaining the land title, amended and supplemented by Decree No. 2005-481 of December 16, 2005. The land title is therefore issued by the Land Registrar at the end of a procedure for registering the property in the land register. This title is then the starting point for all subsequent changes and constitution of rights and can be obtained on land in the national domain, which, if we call Ordinance No. 74-1 of July 6, 1974 fixing the land tenure, includes land in the national domain of the 1st category (occupied or exploited land) and land in the national domain of the 2nd category (land free from any occupation or exploitation). But how to proceed with their registration?

Occupied or exploited land includes: residential land, land for cultivation, planting, grazing and rangelands, the occupation of which results in an obvious human hold on the land and evidential development.

These lands may be subject to a direct registration procedure conditional on development by means of occupation or exploitation before August 05, 1974; it must be ascertained by the advisory commission which includes the sub-prefect or the district chief, a representative of the land service, a representative of the town planning department, a representative of the minister, the chief and two notables. The procedure for registering such land is also described from start to finish by the 2005 decree setting the conditions for obtaining the land title (to be consulted here).

 

REGISTRATION OF LAND FREE OF OCCUPATION OR OPERATION

 

Another alternative can lead to access to land ownership on a dependency of the national domain, but this time of the 2nd category on condition of first resorting to the concession procedure as described by Decree No. 76-166 of the April 27, 1976 fixing the modalities of management of the national domain (you can also consult it here).

In order for this to be possible, it is necessary to go through the State, which has the role of administering the national domain in order to ensure its rational use and development. Thus, the latter can first, grant the applicant (any natural or legal person) a provisional concession, which can then be transformed into a lease or a definitive concession. But it is always necessary, first of all, to send to the service of the domains of the location of the building, a request for concession on this unexploited or unoccupied land aiming at the valuation of the land by the realization of a economic, social or cultural development project of the nation, against receipt. Thus a provisional concession which cannot exceeding 05 years (may exceptionally be extended at the reasoned request of the concessionaire) may be allocated by an order of the Minister of Domains for an area of ​​less than 50 ha or by a presidential decree for land over 50 ha. At the end of this, the advisory commission after investigation, draws up a development report addressed to the prefect, who on this basis, will decide whether to transform this contract into a long-term lease (between 18 and 99 years), either as an extension of the provisional concession, or as a definitive concession. The latter exclusively reserved for nationals, therefore opens the right to a registration procedure for the land concerned in order to obtain a land title.

NB: Land in the national domain of the 1st category whose occupation or operation is after August 5, 1974 can only be the subject of a concession procedure and not of registration unless it is established by the Advisory committee that these developments were preceded by an inconclusive occupation or exploitation carried out before August 5, 1974. Cft article 11 paragraph 4 of the decree of 2005.

Questions related to land tenure are not always a smooth river because they are the source of many conflicts that can arise with regard to the important economic and financial interests that land presents today. It is in this sense that there are several legal techniques and procedures that aim to safeguard the property rights of anyone with an interest.

The prenotation is a perfect example; However, it should be noted with regard to its legal basis that, Ordinance No. 74/1 of July 6, 1974 fixing the land tenure specifies in its article 7 paragraph 2 that "the constitution of privileges and mortgages, the registration regime, prenotation and foreclosures are fixed by law ”. However, in Cameroon, no new law regulating the issue of prenotation has yet entered into force; thus for practical purposes, it is necessary to turn to a law which had already been repealed by the above mentioned text: it is the decree of July 21, 1932 establishing the land registration regime. We can also have a clarification of its legal regime in its articles 163, 168 and 169 which you can consult here. Moreover, it is in order to better understand this notion that we will focus in turn on its legal nature, its effects and its cancellation.

 

THE LEGAL NATURE OF THE PRENOTATION

 

The prenotation aims to provisionally register on the land title, a summary statement for the retention of an alleged right to a registered building pending final registration.

It is therefore important to emphasize that, we distinguish:

• Prenotation under a title which is granted by the Land Registrar upon requisition of any person having an interest in acting (the applicant or an agent). The provisional registration is therefore mentioned on the title for a validity of 20 days during which the corrections and justifications must be made and accepted. After this period, the prenotation is automatically canceled by the Registrar. It will therefore be necessary to turn to the judge ...

 

• prenotation under a motion to institute proceedings by producing a copy of this motion.

 

• prenotation under an order issued by the President of the court of first instance for the location of the building; it is issued following a request for referral by simple request for the purposes of final registration until the termination of the case.

 

THE EFFECTS OF CANCELLATION OF THE PRENOTATION

 

The prenotation has the immediate effect of canceling or modifying real property rights on registered land. No transaction can therefore be carried out there during the period of its validity.

This measure is therefore precautionary even if it is only carried out on a provisional basis. It is therefore not final.

It is automatically lifted or canceled at the end of the period of validity with the Registrar if the final registration has not been taken.

It can also be lifted at the end of the trial where the judge will determine whether there will be entry of the suggested mention in the request or not: in the latter case, we speak of striking off the prenotation.

In any event, there is a range of remedies aimed at preserving or protecting one's real property rights; we will certainly see more in our next posts

THE CUSTOMS CLEARANCE PROCEDURE FOR A USED VEHICLE IN CAMEROON

 

The clearance of used vehicles often turns out to be a real obstacle course due to the ignorance of the procedures by the users; which obviously creates a free pass for scams and other scams. However, in a surge of great achievements, the transit times were reduced from 20 to 30 days in the case of the port of Douala, and a single window for foreign trade operations (eGuce) instituted by law n ° 2016/004 of April 18, 2016 governing foreign trade in Cameroon which you can consult here. To this end, the procedures are increasingly simplified. Obviously, this article, which is intended to be informative on the procedure in force in Cameroon in terms of customs clearance of second-hand vehicles from all sources, will be able to efficiently prepare the user for the customs clearance of his vehicle with complete peace of mind. So if you have purchased a vehicle abroad, if you have benefited from a shipment by a relative of a land motor vehicle, and you wish to clear it, the following lines provide a detailed description of the issues that must be asked and answers to be provided.

WHAT TO DO ON ARRIVAL OF THE VESSEL CARRYING THE GOODS?

The answer to this question requires making sure beforehand that the maritime manifesto is validated. Indeed, it is the descriptive and summary document of the goods forming the cargo of the ship and intended for the use of the Customs service.

Then go to the SGS unit (Société Générale de Surveillance) of the one-stop shop to open the customs clearance file which includes the following documents: the request for the vehicle identification sheet, the original registration card + a photocopy; the original Bill of Lading + a photocopy and the Taxpayer's Card + a photocopy; then, pay the sum of 25,000 FCFA against receipt for the issuance of the vehicle identification sheet.

Once the secure identification sheet has been withdrawn, the customs declaration can now be made.

WHERE TO MAKE THE CUSTOMS DECLARATION AND WHERE TO PAY CUSTOMS DUTIES AND TAXES?

The computer validation of the customs declaration is done at the IT / Customs Center, more precisely at the IT and statistics division. Once this has been made possible, please go to the SGC unit of the Guichet Unique on presentation of the following documents: customs declaration, secure identification form, original registration card, freight invoice (price of transport of goods) and sea bill of lading. original (transport contract).

The customs inspector then signs the liquidation form for the payment of duties and taxes. After payment, please present the receipt to the customs inspector for issuance of the voucher to be collected (BAE). The Office Manager can then sign the customs clearance certificate.

All these steps being respected, the vehicle can then be removed from the vehicle fleet on presentation of all the previously cited documents.

The nature and amount of customs duties and taxes will be the subject of further developments in our future articles.

Do not hesitate to contact us for your vehicle imports and any vehicle purchase or rental throughout the territory.

Nimmo-auto is there for your satisfaction.

All real estate sales operations must be carried out before a notary under penalty of nullity. Real estate sale means any contract by which a seller, in the real estate supply and demand market, transfers ownership of real estate to a purchaser in return for payment of a specified price. As such, whether it is a purchase of land or a house, the deed of sale must take the authentic form. Obviously, having recourse to a notary for the conclusion of a real estate transfer deed incurs costs which we will clarify in the context of these developments. Therefore, the central question in law to be asked is the following: what are the notary fees in the context of a real estate sale?

While it is inevitably accepted that the notary's fees must be paid, the fact remains that other costs are necessary for the proper monitoring of the file for a final transfer of real estate ownership must be presented.

 

THE LEGAL FRAMEWORK OF NOTARY FEES OR EMOLUMENTS

 

 

It is important to note that apart from the price of the transaction to purchase the property that is the subject of the contract, certain fees must be paid to the notary so that the transaction takes place legally. To be truly fixed from a legal point of view, it is necessary to summon Decree N° 95/038 of February 28, 1995 fixing the rates for notarial acts that you can also read here in its article 188 which distinguishes a payment from the notary's emoluments in an over-the-counter sale of a building ... according to the following methods calculated according to the purchase price of the property, in strict compliance with the mercurial (document indicating the minimum and official price per square meter per district for the sale land):

- 4% from 1 to 3,000,000 CFA francs;

- 3% from 3,000,001 to 10,000,000 CFA francs;

- 1.5% from 10,000,001 to 25,000,000 CFA francs;

- 0.75% from 25,000,001 to 50,000,000 CFA francs;

- 0.50% above 50,000,000 CFA francs.

Note that for the specific case of the sale of land resulting from an inheritance, the mercurial is 0 FCFA; which engages an automatic payment of the tax on the capital gain according to the terms that we will see below.

 

OTHER FEES TO PAY FOR THE NOTARIAL STUDY

 

When the operation is carried out for the acquisition of real estate already registered, it is necessary, in addition to a registration of the deed, a transfer of the land title to the benefit of the buyer: these are the transfer rights. As such, if the notary has to carry out this procedure, other costs must be paid to him. It's about :

- The costs of opening the case, generally between 50,000 and 100,000 CFA francs;

- Registration fees, in this case 5% of the sale price;

- Stamp duties, ie 2,000 CFA francs;

- The tax on land ownership, ie 0.1% of the value of the property;

- Land registration fees, in this case 1% of the sale price;

- Land title, ie 2% of the purchase price of the property;

- Disbursements, that is to say the costs incurred by the notary for various steps for the implementation of the file;

- Where applicable, tax on real estate capital gains, ie 10% in rural areas and 5% in urban areas. This tax occurs in two cases: either, when the sale price is higher than the purchase price: land is therefore resold at a higher price than it was purchased several years previously; or when the owner has inherited the land. We are talking about land bought above the mercurial.

 

In any case, it will be necessary to pay the notary on average 8% of the sale price. It is therefore better not to commit to buying real estate on a tight budget at the selling price, in consideration of these additions.

It should also be noted that in practice, when you buy land in front of a financier (a person who has made a commitment with the beneficiaries, to establish for them, the land title in charge of ceding a plot of land to him) who does not often waste time to have a title established in his name, you will have to sign a "_ land rights surrender protocol_", written in notarial form. The fees for the establishment of this deed generally cost 150,000 FCFA, including registration. But the buyer must always require beforehand, from the financier, the minutes of demarcation duly signed by all the beneficiaries and of course a subdivision plan stamped by the head cadastre service of the location of the property after having taken the care of checking the availability of the land by a certificate of ownership. It is only after this signature that you can make your technical file conducted by a sworn surveyor and then divide your plot.

For all your advice and assistance needs, as part of a land or house purchase procedure, please contact us at the references displayed at the bottom of your screen.

 

Nimmo-auto, the real estate and automotive web in Cameroon

Fragmentation is the action of dividing land following successive sales or sharing for the benefit of buyers. It is materialized by the delivery of a definitive and unassailable land title which reflects the official certification of real estate ownership on the concerned plot. It is therefore a special procedure for obtaining the land title.

The scenario for a division is as follows: the property subject to the transfer or dismemberment is already registered, but changes must be made to the land title as a result of events occurring after registration.

If you therefore wish to buy a lot of land and have a title established there or you have inherited a parcel of land and wish to establish a land title on it, this article responds in a few lines to your concern on the major issue of the division procedure in Cameroon.

 

THE PROPERLY SAID PARTY PROCEDURE

 

To benefit from a division, you must:

- Buy technical file request forms, to be completed and stamped, then file at the land registry which will issue you with a transfer report after payment of the fees;

- Remove the technical file to which must be attached, the request for an urban planning and accessibility certificate to be submitted to the mayor of the locality of the land;

- After issuance of the town planning and accessibility certificate by the mayor, ask using the land title number for the property certificate in the decentralized services of MINDCAF in order to reassure you of the seller's property and the fact that the land is not encumbered by any charge or mortgage; do this before any land purchase; the amount of this act is in principle 3000 FCFA, but for an express service, you can have it established between 10,000 and 25,000 FCFA.

 

- After withdrawal of the property certificate, please go to the notary, who will register the deed (5% of the price of the plot) and send the following file to the land registrar:

- Stamped application indicating the surnames and first names, filiation, domicile, matrimonial regime and nationality of the purchaser;

- A certified copy of your CNI;

- A plan of the building approved by the head of the cadastre service for the location of the land;

- The notarial act established according to the letter of art 8 of the ordinance of 74;

- A copy of the seller's initial land title.

 

In principle, the procedure takes 06 months and the notary is remunerated at 3% for land between 3 million and 10 million and% for those between 1 to 3 million. However, the disbursements (stationery or office costs) and the costs that the buyer owes the seller and that the notary has borne (registration fee, state taxes, advertising costs, etc.) must be reimbursed. Finally, you will have to spend 2% of the price of the plot to obtain the land title.

 

To view model deeds for the fragmentation process, click here.

 

THE NORMATIVE FRAMEWORK OF THE PARTICIPATION PROCEDURE

 

The fragmentation procedure must comply with the letter of the following legal texts:

• The Ordinance of 74 establishing land tenure in Cameroon;
• The decree of 76 setting the conditions for obtaining the land title and the decree of 2005 amending and supplementing it;
• The decree of 76 relating to private real estate transactions;
• The decree of 79 setting the rules relating to the creation of subdivisions and the decree of 90 amending and supplementing it;
• The decree of 95 fixing the price of notarial acts and the decree of 2019 amending and supplementing it;
• The 2004 law on town planning;
• The General Tax Code;
• The finance law.

 

For efficient, professional and inexpensive support, contact us on: www.nimmo-auto.com. Contact: 678542065.

 

Real estate, when it is not the result of a gift or a bequest, is generally acquired through a purchase. Thus, the purchase of real estate is the acquisition of land or a house for remuneration.

 

It should be noted at the outset that article 517 of the Civil Code distinguishes immovable property according to whether it is "by its nature or by its destination or by the object to which it applies". Only goods by nature are of interest to us in the context of these developments, because the procedure to which we are alluding here refers exclusively to the purchase of real estate, in particular land (unbuilt buildings, land), or buildings (buildings, houses in this case). To learn more about the classification of goods, click here.

 

In order to acquire the right of ownership, that is to say to enjoy and dispose of goods legally and in the most absolute manner to real estate, it is necessary to respect, as a preliminary, a purchase procedure which is well framed by law. NIMMO-AUTO, leader in the real estate development sector in Cameroon, supports you in this direction. As such, here is a reminder of the services we offer you here.

 

PRIOR TO THE PURCHASE OF REAL ESTATE IN CAMEROON

 

Indeed, after identifying the property and agreeing on the price, it is necessary to respect the formalities of use in order to become the owner. But first, we must carry out investigations:

Ask the seller for a copy of his national identity card;

Go down to the site, visit the places; be curious and ask the neighborhood discreetly to find out if the plot is not the subject of a possible dispute and who the owner is;

Find out about the price list (price per square meter in the area), at the Ministry of Commerce or with a notary or a certified surveyor operating in the area;

Check that the seller is the real owner of the building. In this regard, with the land title number of the land, please go to the decentralized service of the ministry in charge of land and state affairs of the location of the building. The act, referred to as a certificate of ownership, costs between 3,000 FCFA and 25,000 FCFA depending on whether you request an express service or not. It will let you know if the seller is the real owner and more, if the land is not prenoted or mortgaged, or the victim of any other grievance.

If the seller instead presents you with a technical fragmentation file in his name, know that the Certificate of ownership will reveal that the land title does not bear his name, but rather that of its seller. In this case, check the certificate of ownership, but be aware that the deed of sale will need to be signed by the seller of your seller.

THE PROCEDURE OF PURCHASING REAL ESTATE

 

These verifications having been made, please go with the seller, before a notary, for the signing of the certificate of sale of the building, because any act aimed at the transfer of real estate must necessarily take the authentic form. Click here to see a model.

 In addition, if the property you want to acquire is in joint ownership, you must first obtain the consent of all the co-joint owners to purchase it or ask him to provide an authentic power of attorney delegated by said joint owners.

 

INDICATIVE LIST OF DOCUMENTS TO BE PROVIDED TO THE NOTARY

 

Copy of the land title;

Copy of the identity documents of the seller and the buyer;

Original of the town planning certificate;

Sketch or plan of the building duly endorsed by the Head of the Cadastre Department of the location of the building and the demarcation report;

Certificate attesting that the State waives the right of first refusal provided for in Article 10 of the 1974 ordinance if the owner is of foreign nationality.

 

Registration fees, land royalties, capital gains and emoluments are paid directly to the notary for proper follow-up of the transfer request file to the Head of the Estates Department at the location of the building. In practice, the purchaser bears all these charges including the selling price of the property.

In any event, any act of free or onerous transfer of a registered building entails a transfer of the initial land title in the name of the purchaser.

 

THE NORMATIVE FRAMEWORK OF THE PROCEDURE

 

Civil Code;

Ordinance n ° 74/1 of July 6, 19764 fixing the land tenure system;

Decree n ° 79-017 of January 13, 1979 relating to private real estate transactions;

Decree No. 2005/481 of December 16, 2005 amending and supplementing certain provisions of Decree No. 76/165 of April 27, 1976 setting the conditions for obtaining the land title;

Decree n ° 95/038 of February 24, 1995 fixing the tariff for notarial acts;

General Tax Code 2021 edition;

Law n ° 2020/018 of December 17, 2020 on the finance law of the Republic of Cameroon.

 

Do you want to buy land or a house? To benefit from tailor-made assistance as part of the safe purchase procedure for your building, do not hesitate to contact Nimmo-auto, we guarantee professionalism and quality of service.

 

The lease contract is a contract between a lessor and a lessee for the enjoyment of a building for civil or professional use for a certain time for a certain price; It can be in written or oral form; be for a fixed or indefinite period. The lease contract can be made by authentic deed or by private signature, but you must always take care to register it.

In Cameroon, the regulations surrounding the lease contract cover several articles.

 

 THE NORMATIVE FRAMEWORK OF THE LEASE CONTRACT IN CAMEROON

 

The normative framework of the lease contract depends on its nature.

Thus, if you request a rental for residential use or a common law lease, it is the rules of the Civil Code that apply, in this case, articles 1713 to 1762, which we invite you to read. . To learn more about the tenant's obligations in the lease agreement, please click here.

If, on the other hand, your lease is intended for professional use, the OHADA Uniform Act on general commercial law in its articles 101 to 134 will be applied, please click here for more information.

Once the thing and the price have been agreed, it is important to materialize the agreement in writing for the sake of proof.

NB: Even if you want to put an end to your lease contract, (for example because of unpaid rents or notorious negligence in the maintenance of the premises, etc.), make sure to serve the lessee beforehand, a formal notice by bailiff, followed by a rental notice the duration of which is 1 month for 1 year of rent. These measures would prevent you from being held liable for home invasion or abusive breach of contract.

 

  APPLICATION OF THE LEASE AGREEMENT

 

Some practical advice

On the lessor side,

• Insert a clause that prohibits subletting, if you do not want your premises to sublet; this is valid for any form of lease, whether residential or professional;
• Make an inventory before handing over the keys and insert a restoration clause in the event of termination of the lease contract, except for what has perished by force majeure or obsolescence;
• Reserve the right to evict the lessee in the event of the sale of the property for the benefit of a new purchaser subject to the payment of compensation equal to the amount of the rent over the notice period; Warning ! this clause is only valid for residential leases;
• Make the maintenance of wells and cesspools the responsibility of the lessee;
• Provide a review clause for the commercial lease contract, in order to have the possibility of increasing the rent at the time of its renewal;
• Even if you want to put an end to your contract (for example because of unpaid rents, notorious negligence in the maintenance of the premises, etc.), be sure to serve the lessee beforehand, a formal notice by bailiff, followed by a rental notice the duration of which is 1 month for 1 year of rent. These measures would prevent you from being held liable for home invasion or abusive breach of contract;
• During negotiations, it is possible to insert a termination clause in the contract (end) in the event of non-compliance with the lessee's obligations.

On the taker side,

• Always ask for a receipt for each payment during the lease contract;
• For your safety, if you have taken out a lease for professional use, it is more interesting to sign a fixed-term lease contract; the interest lies in the fact that you have a right to renew the lease; however, the indefinite duration means that it can end at any time;
• If you notice the dilapidated condition of the premises at the time of signing, express reservations about the condition of the premises at the time of signing the contract;
• Insert a clause giving the possibility of suspending the rental price for the duration of major repairs at the expense of the lessor;
• Regarding the professional lease, you automatically benefit from a resale right of the lease even after the sale of the premises by the owner;
• Provide for an assignment and sublet clause in the lease in order to benefit from the savings that could result from it and not face opposition from the lessor when the time comes;
• Use the premises with due diligence and above all negotiate payment terms that you can meet, because paying the rent on time is your main obligation.

NB: It is in the interest of both parties to register the lease contract.

 

Have you had a negative experience during your lease? Share it in the comments.

Business law in companies represents all the rules applicable to them both with regard to its legal status, the means of enforcing collateral, the recovery of debts or its liquidation process.

The business lawyer therefore has an indisputable role since he remains the guarantor of the proper execution of all these aspects of the life of the business.

In the field of real estate and automobile intermediation, the business lawyer primarily performs a legal advisory role with his contacts, particularly sellers, buyers and business introducers.

 

THE MAIN ROLE OF THE BUSINESS LEGALIST AT NIMMO-AUTO

 

The main mission of the business lawyer at Nimmo-Auto is to ensure the legal security of transactions from the automotive and real estate sectors (for this purpose, we guarantee the reliability, compliance and legality of the documents submitted to you. appraisal for the purchase or rental of a built building, an undeveloped building, or a vehicle);

Our responsibility is to support you in carrying out your operations legally and above all, in complete safety. As such, we carry out investigations downstream and advise you before any signing of an agreement by authentic instrument or by private signature as the case may be;

The business lawyer at Nimmo-auto will advise and assist you in all matters relating to procedures and regulations in commercial, land and real estate matters (therefore, pass a deed of sale, negotiate and sign a lease contract, obtain a land title on a plot of land, implement a subdivision project, put together a technical file, etc ... will be no more than child's play.

All this is made possible thanks to the expertise and know-how of Nimmo-auto, which ensures the right balance between quality and safety with your satisfaction as a bonus.

 

THE OTHER MISSIONS OF THE BUSINESS LEGALIST AT NIMMO-AUTO

 

Apart from its advisory role, Nimmo-auto offers several services which are the responsibility of the business lawyer.

To discover the services offered by Nimmo-auto click here.

Our field of activity covers a commercial role, an advisory role (Business Lawyer), related activities as well as the overall management of your files.

Please do not hesitate to contact us by clicking on contact and leave us an opinion.

 

So, to benefit from our services, subscribe now, by filling out the registration form here, or contact us directly by phone call.