ACQUISITION OF LAND (TITLE) THROUGH THE PROCEDURE OF CONCESSION IN CAMEROON FOLLOWING LAW NO: 74/1 OF 6 JULY 1974 ESTABLISHING RULES GOVERNING LAND TENURE
Many people believe that concession is a very cumbersome procedure and time constraining in acquiring land (title) in Cameroon. Of course, it is delicate but the best procedure to follow especially for those who intend to carry out large-scale projects because it would be easier for them to obtain their land certificates.
Concession involves a proc justness wherein the state of Cameroon on application, grants land by authorizing an individual or a corporate body who has manifested an intention to carry out a large-scale development on unoccupied and national land. This procedure is open to everyone be it moral entities, corporate bodies or private individuals and even foreign investors.
Like I said supra, concession remains an effective, convenient and reliable means whereby large-scale investors can easily obtain land and title thereof.
Concession in Cameroon consists of two stages wherein the final stage depends on how well the provisional stage’s obligations have been complied with. There is the provisional stage and the final stage.
Before embarking on a concession procedure, the applicant or applicants must have a well-outlined and feasible project. This is the primordial factor that kick-starts a concession procedure. The applicant must have a project plan whether agriculture, construction etc which states clearly how it is going to be funded and executed. Let’s look at the stages of the concession procedure in Cameroon.
1) Provisional stage.
- An applicant armed with his project plan makes an application to the Divisional Service head in charge of lands in the area wherein the land is situated stating clearly how feasible the project is and how it will positively impact the local community and the general public as a whole
- Upon receipt of the application, the head of the Divisional Service of Lands in that particular area studies the file, makes inputs and transmits the same to the Divisional Officer of the area for his approval.
- The Divisional Officer, after careful examination of the file and especially the project plan, immediately convenes a meeting with the land consultative commission with the sole objective to examine the land and the feasibility of the project plan on the land in question. More so, to determine the legal status of the land.
- After the commission must have visited the land and carefully examined same, a report is drawn up, and transmitted via the Divisional Officer to the Minister in charge of lands who also advises himself with the guidance of the report from the land consultative commission that visited the site.
- The Minister in charge of lands being satisfied with the report from the land consultative commission now issues a temporary grant, giving the applicant five (5) years to develop and exploit the land allocated to him based on his project plan. This five (5) year period can be extended (not very sure more than once) if it is difficult to develop the property due to reasons beyond the control of the applicant/applicants. The applicant/applicants just need to make another application to the Minister in charge of lands in Cameroon praying to him for an extension of time.
The final concession grant is given when the applicant has proven that he has executed the project plan and developed the land allocated to him temporarily and it is very beneficial to the local community in particular. To obtain this, the applicant has to;
- Make another application to the Minister in charge of lands stating clearly with adequate evidence the putting to the value of the land and for observation on site. As in, the site is then again visited.
- Obtain summons of the Divisional Officer for the observation on site.
- Obtaining a Ministerial Arête attributing a definite concession grant to the applicant after full payment of the land tax involved.
With the permanent grant of concession, the applicant can now deposit the same at the land registry for the obtaining of land title. This final grant is when the Minister in charge of lands is satisfied that the land has been used for the purpose for which it was granted. If not satisfied, the land is withdrawn or if no application for extension of time is made after the elapse of the five (5) years period of the temporary grant.
This is based on research and theory. The procedure might be slightly different in practice due to the geographical location of the land considering Cameroon operates two legal systems. It’s advisable to always consult a lawyer.
Article by CHUO ANGABUA JUNIOR
‘’The content of this article is intended to provide a general guide to the subject matter. We insist specialist advice be sought depending on your specific circumstance’’
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