THE ROLE OF THE PUBLIC NOTARY IN LAND TENURE AND CONVEYANCING IN CAMEROON

By Magistrate Metiege Divine Njikang

ABSTRACT

The land tenure system in Cameroon is governed principally by Ordinance No. 74/1 of 6 July 1974, as amended, alongside Decree No. 76/165 of 27 April 1976 regulating land registration. Within this framework, the public notary plays a central role in the conveyance of land rights. However, due to Cameroon’s bi-jural legal system, legal practitioners in the Common Law jurisdictions (North West and South West Regions) perform functions analogous to those of notaries in civil law areas.

This paper examines the legal status, duties, and responsibilities of notaries and lawyers in land transactions, the nature of lands that can be conveyed, and the legal validity of transactions involving untitled land. It argues that while notarial and lawyer-authenticated deeds facilitate transfer of interests, only registered land confers indefeasible ownership, thereby exposing transactions involving untitled land to legal uncertainty.

INTRODUCTION

Cameroon operates a dual legal system, combining Civil Law (inherited from France) and Common Law (inherited from England). This duality significantly affects land conveyancing practices.

Under Ordinance No. 74/1 of 6 July 1974, land is classified into public land, private land, and national land, with the State acting as the ultimate guardian of land. Ownership, in the strict legal sense, is only recognized upon the issuance of a land certificate, governed by Ordinance No. 74/3 of 6 July 1974.

While the Civil Law regions rely heavily on notaries as public officers, the Common Law regions traditionally rely on lawyers (legal practitioners) to prepare, authenticate, and supervise conveyancing transactions. This creates a functional overlap where lawyers effectively perform notarial roles, albeit without the formal status of a notary.

1. LEGAL FRAMEWORK OF LAND TENURE IN CAMEROON

1.1 Governing Laws

The principal legal instruments include: Ordinance No. 74/1 of 6 July 1974 (Land Tenure), Ordinance No. 74/2 of 6 July 1974 (State Lands), Ordinance No. 74/3 of 6 July 1974 (Land Registration), Decree No. 76/165 of 27 April 1976, Law No. 80/21 of 14 July 1980 (amendment)

1.2 Fundamental Principles

The State is the custodian of all land, Only land certificates confer ownership

The land certificate is final and conclusive (principle of indefeasibility)

2. THE ROLE OF THE PUBLIC NOTARY IN LAND CONVEYANCE

2.1 Legal Status

A notary in Cameroon is: A public officer appointed by Presidential Decree

Empowered to draft, authenticate, and preserve legal instruments, Bound by strict professional responsibility and neutrality

2.2 Core Functions

(a) Drafting and Authenticating Deeds

The notary prepares and authenticates the Deed of Conveyance, ensuring it meets legal requirements.

(b) Verification of Title

Confirms existence of a land certificate

Verifies absence of encumbrances

(c) Legal Security

Ensures legality of the transaction

Prevents fraud and multiple sales

(d) Evidentiary Authority

Notarial acts possess high probative value and are enforceable without further proof.

(e) Registration Facilitation

Ensures payment of taxes

Oversees registration at the Land Registry

3. THE ROLE OF LAWYERS IN COMMON LAW JURISDICTIONS

3.1 Functional Equivalence to Notaries

In the North West and South West Regions, where the Common Law applies:

Lawyers perform conveyancing functions traditionally carried out by notaries

They: Draft deeds of assignment or conveyance, Conduct due diligence, Advise clients on title validity, Witness execution of documents

3.2 Legal Basis

Unlike notaries, lawyers: Are governed by the Legal Profession framework in Cameroon, Do not act as public officers, but as private legal practitioners, Their documents carry the same automatic authenticity as notarial acts

3.3 Practical Reality

Despite the absence of formal notarial status: Lawyers are central to land transactions in Common Law areas,  Their role is recognized in practice and accepted in courts,  They provide legal assurance, though not the same evidentiary weight as notaries

4. TYPES OF LAND THAT CAN BE CONVEYED

4.1 Private Land (Registered Land)

Land with a land certificate, Fully transferable, Confers absolute ownership, Legally conveyable without restriction

4.2 National Land

Can be occupied or undeveloped, Subject to registration before ownership is perfected, Rights can be transferred, but ownership is incomplete without title

4.3 Public Land

Belongs to the State, Not transferable

5. CAN UNTITLED LAND BE CONVEYED?

5.1 Legal Position

 Untitled land does not confer ownership,  It may be subject to transfer of possessory or customary rights

5.2 Role of Notaries and Lawyers

Both notaries and lawyers may: Draft agreements relating to untitled land, Authenticate or witness such transactions

However: These documents do not create ownership rights

5.3 Legal Consequences

Transactions involving untitled land are: Precarious and risky, Vulnerable to disputes, Not enforceable against third parties

5.4 Judicial Position

Cameroonian courts consistently affirm that: “The land certificate is the only authentic proof of land ownership.”

6. PROCEDURE FOR VALID LAND CONVEYANCE

Due Diligence, Title search, Verification of survey plan, Preparation of Deed

By notary (Civil Law areas) or lawyer (Common Law areas)

Execution, Signing before notary or in presence of lawyer

Registration, Payment of stamp duties, Entry in Land Registry, Issuance/Transfer of Land Certificate

CONCLUSION

The land tenure system in Cameroon places the public notary at the center of conveyancing, particularly in Civil Law jurisdictions. However, in Common Law regions, lawyers effectively assume notarial functions, ensuring continuity of legal practice within the country’s bi-jural framework.

Despite this dual structure, the land certificate remains the cornerstone of ownership, and neither notarial acts nor lawyer-prepared documents can substitute for registration.

RECOMMENDATIONS

Harmonization of Conveyancing Practice

Recognize and regulate the role of lawyers as quasi-notaries in Common Law areas

Mandatory Registration Before Transfer

Prohibit sale of untitled land without prior registration

Strengthening Professional Responsibility

Hold both notaries and lawyers accountable for negligence

Public Education

Emphasize that: “No land certificate, no ownership.”

Digitization of Land Registry

Improve transparency and efficiency

Legal Reform

Clarify the legal status of lawyer-authenticated deeds in national legislation