The right to acquire or own immovable property anywhere in Cameroon is a fundamental right guaranteed by the Cameroon Constitution. A person is entitled to quietly enjoy possession of his land without any interference as the slightest entry on another person’s land without his/her consent constitute trespass to land .
TRESPASS TO LAND
Trespass to land is any direct interference with land in the possession of another person. Trespass may take any of the following forms:
- The slightest entry of land
- Merely walking on or access another person land
- Driving animals into another person land
- Refusing to leave and remaining on land after permission is revoked
- Putting anything on land
- Sitting on another person wall
- Leaning on a fence of a land
An aggrieved person may sue considering trespass is actionable per se as the aggrieved person need not suffer any damage in order to bring legal actions for trespass to land.
ELEMENT OF TRESPASS TO LAND
To succeed in a court action, an aggrieved party must establish the following :
- That there was direct entry on the land, remaining on the land, placing or projecting any object on or above the land.
- That the aggrieved party has possession or right to immediate possession on the land. Acts that constitute possession includes; Cultivating the land personally or through another person, fencing of land, erecting signboard on the land, dwelling on the land and carrying on business on the land.
- That the entry was without justification
REMEDIES FOR TRESPASS
Where there is an act of trespass, several remedies are available to an aggrieved person. An aggrieved party may pursue the most appropriate remedy to wit:-
- Action for tittle and recovery of land
- Order for recovering of possession
- Ejection of the trespasser
- Re-entry and defense of property
- Putting up a notice trespass keep off
An aggrieved party can approach the court with the guidance of his/her legal practitioner.
Every unlawful and unauthorized entry to a land in possession of another person is an actionable trespass for which remedies are readily available.
Article by Barr. Mafany Victor Ngando
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.