El presente Reglamento tiene por objeto establecer los procedimientos y lineamientos aplicables en la regularización de la tenencia de la tierra ejidal y en la certificación de derechos ejidales y titulación de solares, que se realice de conformidad con lo establecido en la Ley Agraria. También serán aplicables a las comunidades agrarias.

Implementa: Ley Agraria, 1992. (2017-02-02)

Article 17 shall be supplemented with the following wording: “….experimental areas used for scientific activity.” Article 19 acquires a new wording: “Privileges envisaged by this article shall apply to the plots of land conceded to the afore-mentioned categories of citizens for construction and maintenance of individual dwelling, subsidiary small-holding, rural housing construction, gardening and truck-farming.” Part 1 of the article 22 acquires a new wording: “Payers of land tax shall be liable for the correct calculation and timely revenue thereof to state budget.”

This Act provides for various aspects relative to dealings in land in Rotuma and provides for the appointment of the Rotuma Lands Commission. The Commission shall ascertain (traditional) land rights, resolve disputes relative to land rights, demarcate land and register land rights (sect. 4). All land found by the Commission to be un-owned shall vest in the Crown in trust for the Rotuman people, but shall not be considered to be Crown land. All moneys derived from such un-owned land shall be paid into the Rotuman Development Fund and be used for the purposes of that Fund.

The Act consists of 247 sections divided into 28 Parts: Preliminary (II); Administration (II); Settlement of unregistered documentary titles (III); Systematic settlement (IV); Purchase or lease of customary land by private treaty and compulsory acquisition of land (V); Organization and administration of land registries (VI); Land Ownership (VII); Registration (VIII); Searches and certified copies (IX); Estates (X); Leases (XI); Charges (XII); Transfers (XIII); Control of advertisement (XIV); Easements and profits (XV); Public rights of way (XVI); Restrictive covenants (XVII); Co-ownership a

This Chapter provides for certain aspects of inheritance of real property. When any person having any title to any real property dies without disposing of such real property by will, it shall be succeeded to and must be distributed, subject to the payment of debts and the rights of dower, in the manner as set out in section 2. If there is no one capable of succeeding to either real or personal property, the real and personal property of the decedent shall escheat to the government as the ultimate heir.

This Chapter provides for the disposal of (real) property by will and execution of wills. It defines certain requirements regarding execution, rights of spouse of the deceased person and legal procedures. A surviving spouse may elect to take dower instead of property devised or bequeathed to such spouse.

This Chapter provides in respect of certain matters relative to the sale, gift, exchange, or any other method of disposal of land. There is created a Land Commission which shall endeavour to prevent the monopolistic ownership of land and undesired alienations of communal lands by those charged with the management and control thereof. For this purpose the Commission shall make recommendations to the Governor respecting the approval or disapproval of instruments affecting the title, ownership or possession of land which require approval of the Governor pursuant to section 4.

The senior matai in charge of communal lands belonging to his family, or the male members of the family owning and residing on communal lands, or the owner of individually owned lands or freehold lands, shall have the power and authority, as limited by this Chapter, to agree with any person that any structure now existing or hereinafter erected on such lands shall not be or become a part of the real estate, but shall remain separate and distinct therefrom, subject to ownership separate from the land, and also subject to the right of removal by the owner of the structure.

If any person, who, at the time of his death, is the owner of any personal property in this Territory, and died, intestate, without heirs or known kindred, capable of inheriting the same, and without leaving a surviving spouse, such personal property, shall escheat to the Territory. If any person, who, at the time of his death, is the owner of any personal property in this Territory, and died, intestate, without heirs or known kindred, capable of inheriting the same, and without leaving a surviving spouse, such personal property, shall escheat to the Territory.

This Chapter provides for certain matters relating to title in land. The owner of any land in American Samoa, not previously registered, may register his or her title thereto with the Territorial Registrar, but no title shall be registered unless the Registrar is satisfied that there is no conflicting claim thereto and unless the description clearly identifies the boundaries of the land. Every registration shall specify whether the land is registered as family owned communal land or individually owned land.

This Chapter makes provision for the administration of estates of deceased persons. The estates of deceased persons shall be administered in the Trial Division of the High Court, which shall have exclusive jurisdiction over such estates. Section 5 defines the priority for granting letters of administration of estates to relatives, creditors or persons appointed by the trail division of the High Court. Sections 6 and 7 concern qualifications of administrators and executors.

This Chapter makes provision for guardianship in relationship with adminsitartion of estates of a minor or of a person who is for any cause mentally or physically incompetent to manage his own property. Guardianship proceedings shall be administered in the Trial Division of the High Court, which shall have exclusive jurisdiction over guardianships. Section 3 defines the qualifications of guardianship. Every guardian shall have power to sell the personal estate which has come into his hands, under such terms and conditions as may be imposed by the Trial Division of the High Court.