
Contents
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Introduction Introduction
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‘African’ customary land tenure and communal property ‘African’ customary land tenure and communal property
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Ownership of communal land in Cameroon Ownership of communal land in Cameroon
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Ownership and the Land Ordinances of 1974 Ownership and the Land Ordinances of 1974
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Patterns of access to land under Ordinance No. 74/1 Patterns of access to land under Ordinance No. 74/1
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Public property rights Public property rights
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Expropriation Expropriation
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Appropriation Appropriation
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Implications for customary communal property rights in Cameroon Implications for customary communal property rights in Cameroon
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Conclusion Conclusion
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6 The Legal Status of Customary Land Tenure Systems and the Protection of Communal Property in Cameroon
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Published:October 2018
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Abstract
The ownership and utilisation of communal property are very much tied to the modern land tenure systems of most sub-Saharan African countries, which nevertheless still rely on the customary land tenure system to operate. But how exactly do the customary land tenure systems which remain operational in many parts of Africa fit into contemporary land ownership and use structures? Drawing on a broad interpretation of (African) customary land tenure and its elements, including its communal interest element, this chapter assesses the extent to which law and practice in Cameroon are developing and protecting communal property. Using developments in the protection of collective forest rights as an example, it demonstrates the continuous difficulty in reconciling Western land law principles on the ownership and use of communal property with customary land tenure systems in post-colonial sub-Saharan African societies, and the implications this may have for the wider rule of law in contemporary sub-Saharan Africa.
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