There is an old saying which states that the land belongs to the first occupants; it is all the more sacred in Africa where the notion of autochthony is more highlighted through the occupation and exploitation of land. But in truth, the State as a governmental entity, being like a “bonus pater familia” (good father of the family), is the administrator with a view to its rational use. It therefore appears obvious that to become a land owner in the strict sense, one must scrupulously respect a certain number of rules which will result in obtaining a land title, which remains and remains the only certification of real estate ownership. Hence the need to register the land in the name of the purchaser or beneficiary, using the procedures we know, namely direct registration, transfer, subdivision or concession (read our related articles). However, special treatment exists with regard to foreigners, that is to say legal subjects who do not have Cameroonian nationality, with regard to their real estate acquisition process in the national territory. What exactly is it?

LEGAL REQUIREMENTS FOR THE PURCHASE OF LAND IN CAMEROON BY A FOREIGNER

It should be noted from the outset that the procedure for direct registration of lands in the first category national domain is not authorized for foreigners since the main requirement is the occupation or exploitation of these lands, before August 5 1974. However, the latter, for real estate investment needs, may request from an individual or the State, a concession, a subdivision or a transfer but in strict compliance with article 10 of Ordinance N ° 74-1 of July 6, 1974 establishing the land tenure system which provides in abeyance:

“1) Natural or legal persons of foreign nationality wishing to invest in Cameroon as well as diplomatic or consular missions and international organizations may conclude leases or acquire real estate, except in border areas.

 The acts established for this purpose must, on pain of nullity, be endorsed: - with the visa of the minister responsible for domains with regard to individuals; - the visa of the Minister of Foreign Affairs and the Minister responsible for domains with regard to diplomatic and consular missions and international organizations.

2) However, the acquisition of real estate by diplomatic and consular missions accredited in Cameroon can only be authorized under conditions of reciprocity.

The total transferable surface area cannot exceed 10,000 m2 for each mission, unless a special exemption is granted by the government.

3) In the event of resale, the State enjoys a right of pre-emption on the repurchase of the building taking into account the initial price, the development carried out and the depreciation. The acts established for this purpose must, under penalty of nullity, be subject to the prior approval of the minister responsible for domains.

4) The acquisitions referred to above do not result in the alienation of subsoil resources.

THE IMPLICATION OF LEGAL REQUIREMENTS FOR THE PURCHASE OF LAND IN CAMEROON BY A FOREIGNER

As a systemic effect, it emerges from the interpretation of the law that the procedure for land acquisition by a foreigner remains fundamentally the same as that reserved for nationals, subject to restrictions due to visas from the Minister of Lands for transactions between individuals. and cumulative visas from ministers of domains and foreign affairs for transactions involving diplomatic and consular missions and international organizations provided that the latter have the same advantages provided for foreigners in their country of origin and that the field subject of the transaction are limited to a certain area and are not located in a border area.

It is therefore entirely possible for a foreign applicant to become not only a tenant but also a land owner in Cameroon, whether they are a natural or legal person, provided they meet the requirements set out above.