Abstract

The significance of property ownership lies not just in the possession of property but also in a profound understanding of the accompanying rights and their inherent constraints. This principle is especially pertinent in the context of land ownership in Cameroon. It is imperative to delineate the rights bestowed upon landowners and the restrictions that govern these rights. Consequently, this paper seeks to provide a comprehensive examination of the rights and limitations associated with landownership in Cameroon.

To achieve this objective, the paper employs a doctrinal approach to data collection, which is subsequently analyzed using a thematic content method. The findings of this study underscore the presence of numerous rights vested in landowners, although these rights are not exempt from specific limitations.

Chapter 1 General Introduction

1.1 Background to the Study

In Cameroon, as in many parts of Africa, there has been a persistent pursuit by both men and women to obtain and assert control over land. However, as societies governed by patriarchal laws have evolved to adapt to changing socio-economic dynamics and other aspects of life, ensuring the effective protection of landowners’ rights has become a pressing concern. Consequently, numerous laws have been enacted to safeguard the interests and rights of landowners. Nonetheless, the implementation and enforcement of these laws face significant challenges, rendering their effectiveness limited.

Looking back to the pre-colonial era, before the arrival of colonial powers, land was managed by clans, chiefs, or land managers within a communal framework. In each community, land was considered the property of the initial “occupant.” Land held immense significance, as it was viewed as the lifeblood of the community, treated as communal property, inalienable, and often regarded as sacred. It was passed down through generations, making the concept of individual ownership almost inconceivable. Individuals could only enjoy rights to use the land to meet their food and housing needs. The allocation and possession of land varied across regions and among ethnic groups, although this form of land management was generally referred to as “customary” or “traditional” land tenure. Customary law principles at this time strongly opposed the notion of individual ownership and the transferability of land.

During the colonial period, customary law principles that discouraged individual ownership and the alienability of land faced challenges. Land began to be viewed as a source of wealth rather than just a provider of shelter, sustenance, and a means of connecting with ancestors. Notably, the first documented land sale in Cameroon took place in 1885 when the Baptist Missionary, Alfred Saker, acquired land from the King of Bimbia. This transaction marked the advent of individual ownership, introducing the concept during the colonial era.

Cameroon had a dual colonial experience, beginning with German annexation following the signing of the Germano-Douala Treaty on July 12, 1884. In this treaty, the Douala chiefs ceded sovereignty over Cameroon to the Germans. Subsequently, the British and the French exercised colonial authority over Cameroon, with Cameroon being partitioned between them after Germany’s defeat in World War I and again after World War II in 1945. The land in Cameroon was divided along the Simon-Milner line. Both the British and the French introduced land laws in the region to advance their interests.

The short-lived German colonial administration extended its influence across Cameroon. The territorial layout of Cameroon was defined during this period, and registration in a land register known as “Grundbuch” was introduced. This registration aimed to provide land security, mainly favoring German colonialists who held extensive land in the coastal areas. Agricultural plantations were established, employing native Cameroonians as laborers. Any unregistered or unoccupied land was categorized as “ownerless land.”

After the defeat of the Germans in World War I, the British assumed control of these plantations, which were subsequently consolidated in 1946 to form the Cameroon Development Corporation (CDC). The Germans had categorized land into four types: ownerless land, land occupied and cultivated by natives, land owned by German companies, and land owned by certain natives with absolute ownership recorded in the “Grundbuch.”

The partition of Cameroon between Britain and France in 1916 was endorsed by the League of Nations in 1922, creating two mandated territories: “The British Cameroon” and “Le Cameroun Français.” Article 9 of the League of Nations mandate granted extensive administrative powers to Britain and France in their respective sectors. This article, which was evidently crafted by both nations, enabled them to introduce land policies that served their interests. In British Cameroon, different legislations governed the northern and southern parts of the region under British rule between 1919 and 1927, following which the Land and Native Rights Ordinance (LNRO) was enacted and implemented in 1927.

The Land and Native Rights Ordinance (LNRO) aimed to allow all natives to use and occupy land, ensuring the preservation of customary rights and defining the rights and obligations of the government and other entities with interests in the territory. In British Cameroon, the highest form of land interest was the “right of occupancy.” This right of occupancy was divided into two categories: the statutory right of occupancy and the customary right of occupancy, dependent on whether one was a non-native or a native.

The customary right of occupancy was granted to natives or native communities who occupied land in accordance with native laws and customs. They neither paid rent for the land nor were required to apply for a Certificate of Occupancy. The statutory right of occupancy was accessible to non-natives who acquired land through grants from the Governor and later the prime minister. Grantees paid rent for the land, and their title was confirmed by a Certificate of Occupancy. It’s essential to note that a Certificate of Occupancy did not function as a land certificate; it was merely an acknowledgment by the administration of the holders of occupancy.

In 1956, reforms were introduced to facilitate access to full land ownership in British Cameroon through freehold or leasehold land. The aforementioned measures, originating from the resistance of customary law to the prevailing power dynamics, highlight the importance of traditional methods of land access and the intricacy of land-related issues that must be considered in every land survey or development project, including modernization efforts within the land and survey sectors.