INTRODUCTION TO ESTATES AND REAL ESTATE LAW IN CAMEROON
“Estates law dictates how property is transferred after death through a will or trust, while real estate law governs the ownership, transfer, and titling of that property”
Estates law in Cameroon, also known as wills and estates law, is the area of law that governs an individual's assets and liabilities (their "estate") during their lifetime and after their death. It encompasses how a person manages their property, how that property is distributed upon their death, and how an executor or administrator manages the process whilst Real estate law governs the ownership, use, and sale of land and buildings (real property) and includes areas like contracts, landlord-tenant agreements, and property rights.
Real Estate Law in Cameroon
Real estate law in Cameroon is complex due to its mixed legal system of French civil law, customary law, and national statutes. Key aspects include the state's ownership of all land, with individuals and companies able to obtain leasehold or freehold interests, and specific laws governing land tenure, urban planning, and property registration at the land registry. Property transactions in Cameroon are characterized by a plethora of legal issues, legal engagements, legal documentation, contracts, wills, administration of estate procedures, succession law, purchase and sale agreements, debt transactions, insurance law and tenancy matters.
Administration of Estates Law in Cameroon
Administration of estates law deals with aspects of a will, a personal representative, administration of estates of the deceased, and property-related matters linked to marriage or between couples.
Disputes on the administration of estates, property-related matters between members of the family, and the responsibility of personal representatives are quite common before courts of records in Cameroon.
The laws upon which the Administration of Estates is based are as follows;
- The Southern Cameroon High Court Law 1955
- The Administration of Estates Act 1925
- The Married Women’s Property Act 1882
- The Civil Status Registration Ordinance 1981 etc.
The administration of the estate of the deceased especially in cases in which the deceased died without executing a valid will can be very challenging for families, personal representatives, trustees, debtors, creditors, advocates, and even the courts.