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.