Title 37 — Property
6 chapters · 50 sections in this title.
A.S.C.A. § 37.0101 Registration-Absence of conflicting claim a prerequisite
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(a) The owner of any land in American Samoa not previously registered may register his title thereto with the Territorial Registrar. (b) No title to land shall be registered unless the Registrar is satisfied that there is no conflicting claim thereto and unless the description cl…
A.S.C.A. § 37.0102 Survey
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(a) When land is offered for registration, the offer shall be accompanied by a survey of land to which the title is proposed to be registered. The survey shall conform to regulations of the Governor. (b) Unless otherwise provided by regulation, the point of departure in such surv…
A.S.C.A. § 37.0103 Notice-Adverse claim
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(a) Notice of the proposed registration shall be posted for 60 days on the bulletin board at the courthouse in Fagatogo and at 2 public places in the village in which or nearest to which the land is located and shall be published in a local newspaper at least once each 30 days du…
A.S.C.A. § 37.0104 Adjudication of conflicting claims
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(a) If it appears to the Territorial Registrar that there are conflicting claims to the title offered for registration, he shall refer the matter to the High Court of American Samoa for adjudication. (b) Upon adjudication of the matter by the High Court, the Territorial Registrar…
A.S.C.A. § 37.0111 Affidavit-Recording-Right to file
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(a) An affidavit explaining any defect in the chain of title to any real estate may be recorded, as an instrument affecting the same, but no one except the owner in possession of such real estate shall have the right to file such affidavit. (b) An affidavit filed under the author…
A.S.C.A. § 37.0112 Affidavit-Posting notice
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(a) No affidavit affecting the chain of title to real estate may be filed for record unless the original in English and a copy thereof in Samoan have first been posted at the courthouse in Fagatogo for a period of 60 days, and 2 copies thereof in English and Samoan posted for the…
A.S.C.A. § 37.0113 Affidavit-By lessor
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A lessor who is an owner of real estate shall be deemed to be an owner in possession within the meaning of this chapter, but no affidavit executed by a lessor shall be filed and recorded unless it is accompanied by an affidavit executed by his lessee in actual possession setting …
A.S.C.A. § 37.0120 Adverse possession-Claim in arrest
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(a) Actual, open, notorious, hostile, exclusive and continuous occupancy of real estate for 30 years confers a title thereto by adverse possession, which is sufficient against all. (b) Any person claiming title to land in the occupation of another may state in writing such claim …