HOW OLD TO HAVE A LAND TITLE IN YOUR NAME IN CAMEROON?

Legal capacity, which is acquired upon reaching majority, is a component of legal personality; it is also necessary to be of sound mind in order to carry out legal acts via informed consent, to the extent that these may engage our liability. Thus, the subject of rights is granted the capacity for enjoyment (the ability to be the holder of the rights) and the capacity for exercise (the ability to exercise these rights). In land more particularly, *the simple rule of legal capacity* (obviously excluding the incapable listed by articles 1124 et seq. of the Civil Code), *which requires a person to be of age and to enjoy all their mental faculties and physical, is not enough to aspire to be the owner of a land title*. There are then specific conditions to respect. Which leads us to ask ourselves two questions: do we want to obtain a land title in our name, on a plot of 1st category national domain? Or do we want to obtain a land title in our name, on a plot of 2nd category national domain or by subdivision or by mutation of the existing title? These are the questions which raise the fundamental problem of the age required to have a land title in Cameroon.

1. THE LEGAL FRAMEWORK

It is first necessary to refer to article 17 of the ordinance of 74 establishing the land tenure system. It is thus written:

“The dependencies of the national domain are allocated by way of concession, lease or assignment under conditions determined by decree.

However, customary communities, their members or any other person of Cameroonian nationality who, on the date of entry into force of this Ordinance, peacefully occupy or exploit dependencies of the first category provided for in Article 15, will continue to do so. occupy or exploit them. They will be able, upon their request, to obtain property titles in accordance with the provisions of the decree provided for in article 7.

In compliance with the regulations in force, they are also granted the right to hunt and gather on the second category outbuildings provided for in Article 15, as long as the State has not given these lands a specific use. .

It is then necessary to invoke article 11 of the decree of 2005, modifying and supplementing certain provisions of the decree of 1976, setting the conditions for obtaining the land title which provides:

“(1) Any person authorized to request the obtaining of a land title on a dependency of the national domain must constitute a file including:

- a request in four (4) copies, the original of which is stamped, indicating their first and last name, their parentage, their domicile, their profession, their matrimonial regime, their nationality, the name under which the building must be registered;

- the description of the building (location, surface area, nature of occupation or operation, estimate of its value, indication of the charges imposed on it).

(2) The signed application must only cover a building consisting of a single plot. If a road or river crosses the land, it is the subject of as many requests as there are separate plots.

(3) Applications relating to land free from any occupation or exploitation are inadmissible. They are instructed according to the concession procedure.

(4) The concession procedure also follows the applications relating to developments carried out after August 5, 1974, unless it is established by the Advisory Commission that these developments were preceded by an inconclusive occupation or exploitation. carried out before August 5, 1974.”

2. EXPLANATION OF THE LAW

On careful reading of these two texts, we see that there are two possibilities for registering land in the national domain;

Either by direct registration for housing, cultivation, planting, grazing and rangeland, which belong to the 1st category national domain;

Either by way of concession for land free of any effective occupation, which belongs to the 2nd category national domain.

The legislator seems not to have clearly identified the age required for land registration but has undoubtedly given clear clues. This is the case of the requirement for development before August 5, 1974 to register land in the 1st category national domain. Thus it seems obvious that one cannot have participated in the development of a property before its birth; which gives us clues about the age required to launch a direct registration procedure (being born before August 5, 1974). So practically in 2024, be 50 and over. Which constitutes a real departure from the security of real estate interests given that the land title is the only certification of real estate ownership and few Cameroonians, although coming from a lineage having developed land but not having it not registered, cannot legally assert their right of ownership. The practical solution is often to title the land for the benefit of a customary community and then proceed to subdivide it. But such an assumption does not protect against abuse. However, while awaiting land reform, it is appropriate to respect the law in force.

With regard to the dependencies of the 2nd category national domain, on the other hand, the required age does not legitimately face a restriction provided that you have the capacity to exercise, therefore be of age. In this case be 21 years old and over.

More generally, for procedures of division or transfer of existing title, the age can even legitimately be extended to a minor or an incapable adult, provided that he is represented by his parents or guardians, who will act on his behalf and on his behalf while waiting for the minor to reach legal majority, in order to dispose of it as he sees fit. The capacity for enjoyment is therefore sufficient, but the action must be introduced via the protection mechanism by a legal representative.

In conclusion, for any transfer or division, there is no age requirement to request and obtain a land title in your name; it is enough to have the capacity for enjoyment and to be assisted or both at the same time; for any concession, you must be a capable adult (be 21 years old and enjoy your physical and mental faculties) therefore have the capacity for enjoyment and exercise at the same time. Conversely, for any direct registration, it will be necessary to provide proof to the advisory commission that the land has been developed before August 5, 1974 or join the community with other people who are part of the community that has developed the land. in order to have a favorable response to the request for registration of the land with a view to obtaining a land title in which your name will be registered.

Keywords

Age to have a land title

National domain

Customary community

Direct registration

Concession

Fragmentation

Mutation