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has yet entered into force; thus for practical purposes, it is necessary to turn to a law which had already been repealed by the above mentioned text: it is the decree of July 21, 1932 establishing the land registration regime.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