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Land and Public Domain Tenancy Code


CODE FONCIER et DOMANIAL

FULL PDF VERSION


It recognizes the right to ownership and states the following principles:

    • The State and other public persons, private natural persons and body corporates are entitled to hold proprietorship right over the land and buildings erected on it, and exercise such rights in accordance with the Civil Code and the Land Tenancy Code.
    • The holder of the ownership title has full enjoyment and unrestricted freedom of use of the property. These rights are exercised within the limits imposed by general interest or restrictions set forth in statutory provisions.

Pursuant to the Guinean Land Tenancy Code, are proprietors the following:

    • Natural persons or body corporates holding a land title;
    • Occupants who are natural persons or body corporates holding a land booklet, a housing permit or an authorization to occupy;
    • Natural persons or body corporates as occupants who produce the proof of a peaceful, personal, continuous occupation in good faith of a building in their capacity as proprietors.

If necessary, the good faith is evidenced by such means like supporting documents relating to the payment of property taxes levied on said building, in accordance with local customs, or through a contradictory public inquiry.

No right of possession can be subject to deprivation unless circumstances so require for general interest: under such conditions the enactment of regulations for reasons of public benefit may call for expropriation or for regulating development, mining exploration or extraction or the protection of the environment.

Should the parties fail to arrive at an amicable settlement, the expropriation of real estate or of rights pertaining to immovable property for reasons of public interest, is carried out through a judicial decision providing for a fair compensation in advance. After a public inquiry has been conducted, the character of "public interest" is declared either by a Presidential decree or by a declarative act.

As far as the transfer of ownership is concerned, the assignment of rights is done either by an amicable transfer agreement or by an order of the competent court.




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