The Ten Commandments on landbuying in Douala and Cameroon in General 07/Apr/2022
Everyday thousands of Cameroonians at home and abroad hope to buy lands in Cameroon more especially in popular cities likeDouala, Yaounde, Buea, Limbe , Kribi, Bamendaetc but a common reoccurring theme that filters through their minds is how to safeguard their money so that they won’t be duped by Land Fraudsters or lose their Lands to the Government coupled with the terrifying stories that normally accompany the smooth transfer of these lands because of the prevalent nature of Land Scammers and dubious Real Estate companies that specialize in defrauding prospective land purchasers.
With this in mind, RECAMProperty (Real Estate Cameroon) has drawn up 10 Land Purchasing Commandments for any Prospective new Land Buyer that must be strictly followed by anyone who intends to purchase a property in Cameroon more especially in the above mentioned cities so as to prevent Land fraudsters from duping them off their hard earned money and losing their lands to Unscrupulous people.They include the following:
1. Thou Shalt have a Budget:
The No.1 cardinal sin of most intending property buyers is not having a budget before they set out to buy a land. No matter the amount you have saved in your bank account, always take the time to find out about the other fees that are usually associated with buying a land. They include:
- Legal fees-Notary fees is fixed by degree No.95/038 of 28/02/95 (article 188) on a sliding scale.
Percentage rate fees based on the property value
1to 3 million francs: 4.5 %
3 to 10 million francs: 3.0%
10 to 25 million francs : 1.5 %
25 to 50 million francs : 0.75%
50 million francs and above: 0.5%
b. Agency Fees- 5 to 10 % of the cost of the land
c. Survey Plan- (survey bill, cost of completion of field work, cadastral work fees set according to the surface area).
d. Cost of signing the documents- (A very strange tradition in Cameroon –Africa, nonetheless something you cannot escape paying)
e. Cost of putting up a fence to secure your land upon purchasing
f. Taxation- Registration of the Sales agreement – 15% of the property value
g. Cost of perfecting your documents with the Government at the Land Registry such land registration file, consultative board charge, land fees ( 2% of the property value ) etc.
Once you have done the math to know all these hidden fees that are associated with buying a land, it will adequately guide you on the location and type of land that would suit your pocket.
2. Thou Shalt not buy a Land without demanding for the Documents that the Owner(s) Possess:
Honestly it baffles me when people call me to tell me that they are in one deep problem or the other because they bought lands without knowing the documents the seller possessed thus, they are afraid that these Land Grabbers will attempt to take over their lands or they will get a notice from the Land Bureau Office that they are encroaching on illegal government lands which they must vacate.
To me it’s like attempting to buy a car from an auto dealer or independent seller without asking him to show you his driving licence and car papers? You know what will happen to you when you are caught driving without proof of ownership from the previous owner. The same rule applies to buying a land. Anybody trying to transfer land or property to you must show you the documents he signed with the previous owner so as to show proof of Ownership or else anything you are buying from him is a stolen property and it’s as simple as that.
I hear daft stories like, "Oh, it’s my Aunty that is selling the land and I know her or it’s my Colleague at work selling the land so I just paid money into their account because I know them previously”. Really!!! Husband and Wives draw up wills, Parents document gifts they give to their children, why then would you just pay for a land to a non blood relative because you know them previously. For those of you intending to do something like this soon, please don’t nurse this idea because you might be buying a problematic land that has no proof of ownership previously and when something goes wrong, there would be no evidence to back up your claims that you legally bought the land.
3. Thou Shalt Carry Out a Proper Land Verification Search
Ultimately Commandment 2 leads to Commandment number 3 unequivocally and this deals with RECAM Property’s Specialty. Please do not buy any land without performing a Land Check on the Owner, the Land and the Documents the Seller possesses. There are so many things to cross check at this stage. That is why you must be patient because your money is at stake not the seller or Agent’s. If you fail to take this step, you would be left alone to wallow in your own self pity and misery because the seller would be long gone with your money.
Do not let the occasional grumblings from the seller or agent weigh you down or push you to do something rash such as " A lot of people are rushing to buy this land and if you don’t pay now, the land may be gone” etc. Don’t listen to them. The land was there before you decided to pay interest in acquiring it and it would still be there after you do your search. The seller and agent are just eager to line up their pockets with your money. So they throw that line to scare you.
The reasons you must do the search is because you must verify the owner, how he got the land, why he wants to sell, what is prompting him to sell, whether it is due to dispute or litigation that he wants to shift the burden to you or he has bought a very bad land and wants to dispose of it quickly before the problem manifies into something bigger or he has dubious and unreliable documents that do not confer title or ownership to him, so he is looking for the nearest fool or unsuspecting buyer to pass that problem to. Also you will have to investigate the land to know whether it’s genuine land, a land that isn’t under government acquisition , a land that is not subject to any communal or legal dispute, a land that doesn’t run afoul of government regulations etc.
Finally investigating all the documents the owner has and ought to have such as a Survey plan, , Certificate of property, , Gazette, original ID card, Letter of Allocation, Receipts, Deed of Transfer, Power of Attorney etc. The check list is too long, but it must be done so that you are 100% satisfied of the title. This is the only thing that will give you piece of mind and it must be done by a land verification expert, so that you are rest assured.
Over the years, RECAM Properties and other partners have seen all sorts of Land scams from so called reputable people, real estate developers and Agents; and I have saved Cameroonians both at home and abroad Millions and Millions worth of real estate transactions that would have ended badly and prevented Land fraudsters from duping unsuspecting and innocent buyers because we know their tricks and are always one step ahead of the game.
4. Thou Shalt always Involve Professionals in Land Matters before you buy a land:
A notary ( for French speaking regions) and lawyer ( for North and South west regions), Surveyor and Architect are the 3 most important people you must get in touch with before you buy a land. The notary/lawyer is the only one that can legallydraw up your contract papers legally. Any other landed document drawn up by any other person is null and void and you would not be allowed to process your papers at the Land registry.
Secondly, a Registered Surveyor is the only one that can draw up your survey plans. Without the survey plan you have no description of the land you intend to buy. Use only a registered surveyor.
Finally, an architect is the one who would advise you on the type of house you are to build and the cost of putting up that structure starting from the location of the land, down to the soil type. Don’t do self service. Involve these professionals to guide you properly.
5. Thou Shalt not buy a Land without Viewing the land physically:
No matter how beautiful or attractive the land being advertised appears please go there and look at it. Too many Real estate developers and Agents have scammed thousands of Cameroonians using beautifully drawn flyers promoting lands that are equivalent to Unity Palace estate in choice locations, only realize that they are Sh***t holes or dump yards not fit for human habitation.
Always find time to visit the place physically or send a trusted representative to view it. Don’t rely on just pictures and sweet words because there are so many other important things the picture or advert won’t show you such as the neighborhood, light and water issues, the road leading to that place, amenities such schools or hospitals, transportation ease to and fro, market etc. Make sure you check all these factors before you finally commit yourself to buying a land.
6. Thou Shalt not buy a land that smells of trouble:
No matter what happens in life, you must always trust your own personal instinct and 95% of the time, your instinct would never lies. The moment you visit a land for inspection, follow whatever your guts tell you. If your mind is shaky about the land, don’t push it; walk away because that land isn’t meant for you.
If you notice things that make you tremble or suspicious please walk away. If you see things like fenced lands that cannot be justified by the owner or no proof of ownership, no survey plan or its layout, you are told the land is a relocation land or there is a minor dispute that has just been solved, so many family owners or sellers are involved etc please kindly walk away and move on. You have just dodged a silver bullet in your pocket. Don’t let anyone pressurize you to buy it. The signs that you see now might seem so small and irrelevant but trust me 5 years down the line it will begin to manifest seriously and the Agent or Seller who allayed your fears and coerced you to buy it would be long gone and you will be left on your own to deal with the resultant issues.
7. Thou Shalt not pay for any Landed Transaction in Cash:
Do not pay for lands in Douala and other big cities with Cash directly. Document it.
Don’t even dream of it. Everything must be properly documented from the cost of the land down to the Receipt or survey fees. This is the only thing that can save you from problem tomorrow in case you want to track down a fraudulent land seller. It is said that people bribe land sellers to make them feel comfortable, but it’s not right. Even if the signing fee is50,000 FCFA, try your personal best to document it through a recognized bank instrument.
Instead of paying cash directly, why don't you pay through Checks or Bank Drafts so that there would be a history of the transaction? Also engage a notary/lawyer to prepare a purchase receipt in your favour so that all parties would acknowledge receipt of these Bank instruments. It would prevent the seller from denying the exact amount he was paid, when he was paid, and for what purpose. I do it all the time to protect my clients and that's why a land fraudster cannot claim he wasn't paid for a specific land.
If push comes to shove, that tiny piece of evidence can be used in court to show when, how and the time the person collected the money and he cannot deny it. Most fraudulent sellers try to avoid this route by accepting partial cash installment payments to cover up their tricks. Don’t do it.
8. Thou Shalt not listen to a land seller’s opinions about the land title they possess without you verifying it:
A lot of previous land purchasers are very guilty of this commandment and have become victims in the aftermath of this issue. They listen to these land sellers who lie to them that the land has Government approved papers such a Gazette or land certificate,etc but they do not have any shred of evidence. They lie that certain big shots have bought lands there and they all derive title from that government document legalizing their ownership of the land but there is none available that you can inspect physically. Because people are ignorant they believe them.
How would you take the word of an illiterate over an educated professional? It makes no sense. Their only business with you is to show you the land, prove ownership and show you their documents. Any other thing that comes out of their mouth to sway you to buy is just plain lies so don’t fall for their tricks. If you’re in doubt, involveRECAM property to get to the bottom of these stories. I might be saving you from throwing away your life saving to a Land fraudster.
9. Thou Shalt put all their Landed Transaction Details in Writing:
This is another very common mistake most purchasers are guilty of.
They pay for lands but there is no proof of the deed of assignment or contract of sale between the buyer and the seller. Absolute madness!!!! Some will say they haven’t received the receipt but they are waiting for the owner to come back so he would take them to meet the family he bought it from. Many I know don’t even have a survey plan. How do you prove ownership? How can you trace the owner?
Some people tell me that it’s not a problem because they know where the person lives so they cannot be duped. Ok, what if he dies? How do you prove to his family or community that you bought the land validly from him? What if another person lays claim to that same land, how do you prove ownership? The 3 basic things a Buyer must have when they pay for a land is a Receipt, Deed of Assignment and a Survey Plan. Without these 3 things you have a very slim chance of proving ownership if anything goes wrong in the future.
10. Thou Shalt take possession of the land you bought immediately:
As soon as you buy it, try to take possession of it by constructing a small fence around it. 2 or 3 coaches is enough to demarcate your land so that any prospective buyer would notice that the land has already been bought and should stay clear of it. Pour gravel or sand there, do a well on the site and visit if frequently. Hire a night watch to watch over it till you have money to build something tangible.
Don’t just leave it fallow and expect it to wait till for you when you are ready. Somebody else would end up encroaching on your land and steal it. I am talking from experience and that is how a friend threw away 11 Million francs which was his total life savings back then when he bought his first land and left it there unattended to for 6 months hoping to come back there to do something when hemust have raised enough funds, only to see an uncompleted building on it fully fenced with gate man. The same land seller resold his land to another rich dude after he noticed he wasn’t doing anything there and absconded. Let my pain and suffering be your own guide to wisdom so that it won’t happen to you too.
So, there you have my 10 commandments from the RECAM Property to all future land purchasers. Please try and share this article with a Family member, Friend or Colleague so that they can follow these rules judiciously and help stamp out land fraudsters who would stop at nothing to scam you off your hard earned money, not deliver up to you authentic landed documents and legitimate lands that belong to them. Be wise and Verify any Land you intend to buy before you pay!
For more information on State Land related Scams and Buying of Land procedures, secrets and tricks, log on to www.recamproperty.com.