Location
Post Office Box 23
Pago Pago , American Samoa 96799
We are the licensing body and the official bar association for all of those who practice law in American Samoa. The American Samoa Bar Association serves to promote justice, the rule of law, and the interests of the legal system. We do this through public education, legislative review, promoting the judiciary, and advocating the rule of law. We also offer a legal scholarship to a student that shows exemplary academics and a desire to promote the rule of law in American Samoa.
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Resources
Displaying 6 - 10 of 21Mortgage Foreclosures – Property (Chapter 11 of Title 37).
This Chapter provides for certain aspects of the enforcement of a mortgage. The High Court may assess the amount due upon a mortgage whether of real or personal property, and shall render judgment for the amount awarded, and the foreclosure of the mortgage. Execution may be issued on the judgment, as ordered by the court. All prior and subsequent mortgage creditors whose names are or can be discovered by the party foreclosing a mortgage, shall be made parties to the action.
Guardianship - Estates and Fiduciary Relations (Chapter 04 of Title 40)
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.
Alienation of Land – Property (Chapter 02 of Title 37).
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.
Mortgages – Property (Chapter 10 of Title 37).
The Provisions of this Chapter regulate certain aspects of the creation and enforceability of mortgages on real property or fixtures. Every transfer of an interest in real property or fixtures made as security for the performance of another act or subject to defeasance upon the payment of an obligation, whether the transfer is made in trust or otherwise, is to be considered a mortgage and shall create a lien only as security for the obligation and shall not be deemed to pass title.
Titles to Land – Property (Chapter 01 of Title 37).
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.