State lands in Cameroon that have been allocated or which allocation has been withdrawn may be alienated by sale as per Article 5 of Decree No. 76/167 of 27th April 1976 which has established the conditions to manage the private property of the state in Cameroon. We shall therefore examine the regime of the sale of state land in Cameroon by auction.
Sale by auction is carried out by a commission chaired by the prefect of the locality where the property is situated. The commission shall be composed of;
- The divisional official responsible for Lands who shall double as the secretary,
- The land revenue collector, and
- The official is responsible for surveys.
A public notice shall announce the date of the auction, the situation, nature, area, and the reserve price for the property, together with any special conditions attaching to the sale such as the investment of any expenses incurred for upkeep, etc., and the nature of the investment required.
The notice shall be broadcast, published in the press, and posted at the Department of lands and in the Chief town of the division concerned. The sale may not take place earlier than thirty days after the day the notice was posted. The plan of the property and the day the articles and conditions governing it shall be available for inspection in the land’s offices.
Bids may be accepted only from persons who have declared their intention to bid during the 30 days period and have submitted the prescribed information required by law alongside a receipt from the Land revenue collector’s office for the payment of a bond equal to half the reserve price.
The property will be adjudicated without any guarantee to the highest bidder and the record of the sale shall be made out immediately in five copies for each property sold, and signed by all the members of the commission. The record must contain all the special clauses found in the notice of sale by auction.
The sale shall not be final until approved by the order of the Minister in charge of Property, surveys, and land in Cameroon.
When approved by the Minister, the record of sale shall be used to transfer the land certificate in the name of the state of Cameroon to the buyer.
The land certificate so issued shall contain an apparent clause that the property and the improvements made shall not be transferable until it has been developed as stipulated by the Ministerial approval order.
Any transfers made without prior authorization and in violation of the said clause shall be null and void and cannot be opposed by third parties or the government.
Death of the Purchaser
Should the purchaser die before the property has been developed, his successors shall remain bound by the obligation to develop. If they default, the Minister shall declare the cancellation of the sale rendering the land certificate null and void and entailing repayment of the sum disbursed for the purchase of the land.
Notice of the cancellation shall be published in the Official Gazette.