Return to the Main  Lands and Titles Act Page

PART III

CUSTOMARY LAND
  1. Land deemed customary land - In this Act, and in every other Act, unless inconsistent with the context, the following land shall be deemed customary land, and any interest in the following land shall be deemed interest in customary land:

 

  1. Any Samoan freehold land within the meaning of section 13 of the Samoan Land and Titles Protection Ordinance 1934 (as that section and Ordinance had existed prior to this Act coming into force) in respect of which the Court has made a declaration, pursuant to section 16 of the Ordinance, that such land or interest in such land be held in accordance with the customs and usages of the Samoan people.
  2. Any Samoan freehold land within the meaning of section 13 of the Samoan Land and Titles Protection Ordinance 1934 (as that section and Ordinance had existed prior to this Act coming into force) in respect of which, in terms and section 17 of the Ordinance, there has been a recital or declaration made pursuant to a Government or other grant, will, conveyance, lease, assurance or other deed or document that such land or interest in such land be held in accordance with the customs and usages of the Samoan people.

    3.  

  3. Any land ordered by the Court to be customary land under section 9.

 

 

  1. Declaration of certain land to be customary land - (1) Any person or the alii and faipule of any village claiming an interest in any freehold land or any land in respect of which the customary or freehold status is claimed to be in doubt, may petition the Court for an order to be made with the consent of all parties, declaring such land to be customary land. (2) The Registrar, on payment of the fee prescribed in the First Schedule, shall publish the petition in the Savali in 2 consecutive issues, giving notice of the place, and the time or period (not being less than 3 months from the date of the first publication) for filing objections by any Samoan who may be affected by the petition. (3) The Court shall not make an order under this section in respect of land which is registered as freehold land under the Samoan Land Registration Order 1920 unless:
  1. Every person having a registered interest in such land;
  2. Every trustee appointed to represent beneficial interests in respect of such registered interest;
  3. Every person who has filed an objection to the petition who claims any registered, beneficial or equitable interest; and
  4. Every person who has filed such an objection and who claims an interest in the land in accordance with custom and usage, has consented to such order in person before the Court, or by affidavit.
  1. The Court shall not make an order under this section in respect of any land which is not

registered as freehold land under the Samoan Land Registration Order 1920 unless.

 

  1. Every person, not being a person to whom subsection (5) applies, who has filed an objection to the petition and who claims that the land should be so

    2. registered as freehold land; and

     

  2. Every person who has filed such an objection and who claims an interest in the land in accordance with custom and usage,-

 

has consented to such order in person before the Court, or by affidavit.
  1. For the purpose of subsection (4), the Court may make an order under this section without the consent of any person who has claimed a freehold interest in the land if that person’s claim has been rejected by the Commission under the provisions of the Land Titles Investigation Act 1966.

    2.  

  2. If in the course of any proceedings begun under this section, it appears to the Court that any person who has objected to the making of an order under this section claims a freehold interest in the land in question, the Court may adjourn the proceedings to enable that person to make a claim in respect of the said land under the Land Titles Investigation Act 1966 and, if such application is made, the Court may further adjourn the proceedings as it thinks fit to await the decision of the Land Titles Investigation Commission in respect of the claim.

    3.  

  3. Notwithstanding any provision in this section to the contrary, if the Court would have made an order but for the failure of the persons referred to in subsection (3) or subsection (4) to agree as to the matai title or the pule by which the land should be held, the Court may, with the consent of such persons, order the land to be customary land by consent and shall thereupon, or at an adjourned hearing, proceed to hear and determine the question of the matai title or the pule.
  4. Any order made pursuant to this section shall be forwarded to the Registrar of Lands who shall make such amendments in the Land Register as may be necessary.

SURVEYS

 

  1. Surveys - (1) Whenever the Registrar is of the opinion that a survey is necessary to define any land or

    2. boundary the subject of a petition under this Act or in respect of which an application for a pulefaamau has been made, he may request the Director of Lands to survey such land or boundary at a time to be appointed by the Director of Lands. (2) Notice of the time and date appointed for the survey shall be served by the Registrar on all parties to the petition, and shall be of the heading and form numbered 1 and 2 in the Second Schedule. (3) It shall be the duty of the person making the survey to define the land or boundary in dispute in accordance with the direction of the parties to the dispute present or represented at the survey. (4) Every plan prepared and certified by the person who made the survey shall be accepted in evidence in Court without further proof. (5) Nothing in this section shall limit the power of the Court to order a survey to be made at any time in respect of any matter before it. (6) The costs of the survey shall be paid as ordered by the Court.

    REGISTRATION OF CUSTOMARY LAND

     

  2. Transmission of judgments, etc., concerning customary land to Land Register - The Registrar of the

Court shall transmit to the Land Registrar every judgment of the Court concerning the title or status of

any customary land or interest in such land, and every order or declaration made under section 8 and

9.

12. Duties of Land Registrar - (1) It is the duty of the Land Registrar:

  1. To register every judgment, order or declaration received under section 11; and

    2.  

  2. To enter in the Land Register a memorial showing that the land or interest to which the judgment, order or declaration related is customary land or interest subject to the Act.

 

  1. The Land Registrar shall not accept for registration nor shall he register any instrument of title affecting any customary land unless every document affirming the Court’s judgment, order or declaration is annexed or endorsed on the instrument.

 

  1. Trust instruments may be registered in respect of customary land - Notwithstanding clause 14 of the Samoa Land Registration Order 1920, it shall be lawful for the Land Registrar to register an instrument operating merely by way of trust in respect of any customary land registered under this Act.