State lands in Cameroon that have been allocated or which allocation has been withdrawn may be alienated by sale as per Article 5 of Decree No. 76/167 of 27th April 1976 which has established the conditions to manage the private property of the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 a sale of state land in Cameroon by private treaty.
Any person who wishes to purchase state land by private treaty must make a written application through a competent prefect to the Minister in charge of Lands with the supporting documents required by law.
If the applicant is a company, a copy of the memorandum and articles of association or constitution or a court registry certificate of its legal existence.
If the application is refused, the applicant may not occupy the land applied for. In the case of unlawful occupation, and after a formal notice has remained after 2 months, the perfect shall be empowered to destroy at the expense of the person responsible, all buildings or other constructions erected on state land. He may if necessary call in law and order enforcement officials for support.
If the application is accepted, the deed of sale by private treaty shall be drawn up between the state and the purchaser and it shall be subject to full payment of the sale price.
When approved by the Minister, the deed 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.