We are asked to rescue land transactions more often than any other kind. The pattern is remarkably consistent: a deposit paid on trust, a title document that was never verified at the registry, and a seller who was not entitled to sell. Here is the diligence that prevents it.
1. Verify the title at the registry, not in the seller's hand
A land certificate (titre foncier) is a public record. Forged and superseded documents circulate widely. The only meaningful verification is an official search at the Land Registry confirming the current registered holder, the parcel description and any registered encumbrances.
2. Confirm the seller is the registered holder — or properly authorised
A genuine title held by a person who cannot lawfully sell it is the classic trap. If the seller is acting under a power of attorney, verify the instrument, its scope and whether it is still in force. If the seller is a company, check that the person signing has authority under the articles and a valid resolution.
3. Check the matrimonial and succession position
Land acquired during a marriage may require spousal consent depending on the matrimonial regime. Land forming part of an estate cannot be sold by one heir alone. Both issues surface years later, usually when the buyer starts building.
4. Look for encumbrances and litigation
Mortgages, easements, pending expropriation and existing litigation are all capable of destroying the value of a purchase. Registered charges appear on the search; pending disputes often do not, so ask directly and record the answer in the contract.
5. Walk the boundaries with a surveyor
Registered dimensions and physical occupation diverge frequently. Commission an independent survey and physically identify the beacons. If someone is farming or living on the land, resolve that before completion, not after.
6. Understand the customary layer
Much land in Cameroon has a customary history that has not been fully converted into registered title. A sale endorsed by a family head without registration does not transfer registered ownership. Where customary rights are involved, the path to a clean title needs to be mapped and costed before you commit.
7. Structure the payment
Never pay the full price against a promise. Payment should be staged against verified milestones: title search cleared, sale deed executed before a notary, transfer lodged for registration, and registration completed. Hold the final tranche until the certificate issues in your name.
The cost of doing this properly
Full diligence on a residential plot typically costs a small fraction of the purchase price and takes two to four weeks. The alternative is a claim that takes years and frequently recovers nothing, because the seller has spent the money. This is the clearest example in Cameroonian practice of legal fees paying for themselves.
- #Land title
- #Property
- #Due diligence
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