Title 37 — Property

(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) 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) 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) 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) 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) 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 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) 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 …

As used in this chapter: (a) “Alienation” means the sale, gift, exchange, or any other method of disposal of property. (b) “Freehold lands”, means all those lands included in court grants prior to 1900 which have not at the request of the owner, been returned to the status of oth…

There is created a Land Commission, which shall consist of 5 members who shall serve ex officio as follows: a man qualified and experienced in real estate transactions, who shall serve as chairman and shall be appointed by the Governor; the Territorial Registrar, who shall serve …

(a) All instruments affecting the title to land which require the approval of the Governor before becoming effective shall be filed with the secretary of the Land Commission for study and recommendations thereon by the Commission. (b) The Commission shall meet from time to time u…

(a) It is prohibited for any matai of a Samoan family who is, as such, in control of the communal family lands or any part thereof, to alienate such family lands or any part thereof to any person without the written approval of the Governor of American Samoa. (b) It is prohibited…

This regulation shall not apply to any native proprietor of land other than communal family land, who desires to make provision for his son or daughter, in view of legal marriage with a nonnative, or for his son or daughter already married to a nonnative, or for any of the issue …

(a) No instrument shall be effectual to pass the title to any land or any interest therein, or to render such land liable as security for the payment of any debt or obligation until such instrument has been duly registered with the Territorial Registrar. (b) Due registration of a…

No agreement for the sale of real property or of any interest therein is valid unless the same, or some note or memorandum thereof, be in writing and subscribed by the party to be charged or his agent thereunto authorized in writing but this does not abridge the power of any cour…

(a) Native land may, with the approval of the Governor, be leased to any person for any term not exceeding 55 years for any purpose, except for the working of minerals and cutting of timber. (b) Provisional agreements for the leasing of native land as provided in subsection (a) m…

(a) Any person, corporation, organization, society, or association may lease, for school purposes, so much native land as is actually necessary for such purposes for a period of not more than 30 years, with a right to provide in the lease for any number of renewals thereof for a …

Any alienation in violation of this chapter shall be void; and any person committing, or attempting to commit, a breach of a provision of this chapter, except 37.0210 and 37.0211, shall be liable to a fine not to exceed $200, and any nonnative failing to conform to this chapter, …

(a) 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 lie…

(a) If the mortgage so provides, the lien of the mortgage may attach to additions, improvements, and purchases or substitutions made to supply the place of any real property or fixtures referred to in the mortgage when the mortgagor acquires an interest therein to the extent of t…

The mortgage shall operate only as a contract between the parties with respect to and shall not create a lien upon real property or fixtures acquired in any manner by the mortgagor subsequent to the execution of the mortgage, if there are not described therein the real property, …

The mortgage shall operate only as a contract between the parties with respect to, and shall not create a lien upon, any recorded mortgage or lease, unless, and until, a specific reference to the mortgage or lease is contained in an instrument or affidavit executed by the mortgag…

In the absence of an agreement to the contrary, the mortgagor of real property or fixtures under a duly recorded mortgage is entitled to the use or possession of it until default. History: 1978, PL 15-83; 1979, PL 16-48 § 1.

Nothing in this chapter is considered to modify or amend 4.0325, 4.1101 through 4.1106 or 37.0210. History: 1978, PL 15-83; 1979, PL 16-48 § 1.

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. History: 1978, PL 15-83, 1979, P…

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. History: 1978, PL 15-83, 1979, PL 16-48 § 1.

Mortgage creditors shall be entitled to payment according to the priority of their liens, and not pro rata; and judgments of foreclosure shall operate to extinguish the liens of subsequent mortgages of the same property, without forcing prior mortgagees to their right of recovery…

The mortgagor, or any subsequent mortgagee, may defend the action for foreclosure, and may show any matter in legal or equitable avoidance of the mortgage. History: 1978, PL 15-83; 1979, PL 16-48 § 1.

(a) When a power of sale is contained in a mortgage, the mortgagee, or his successor in interest, or any person authorized by the power to act in the premises, may, upon a breach of the condition, give notice of his intention to foreclose the mortgage and of the sale of the mortg…

(a) Whenever a mortgage creditor having a mortgage lien on certain premises desires notice that another mortgage creditor having a mortgage lien on the same premises intends to foreclose the mortgage and sell the mortgaged property under a power of sale under 37.1105, he may subm…

If it appears by the affidavit that the affiant has in all respects complied with the requirements of the power of sale and the statute, in relation to all things to be done by him before selling the property, and has sold the same in the manner required by the power, the affidav…

If the mortgage was executed by a man having at the time no lawful wife, or if the mortgagor being married, his wife joined in the deed in token of her release of dower, the sale of the property in this manner shall be effectual to bar all claim and possibility of dower in the pr…

No sale or transfer by the mortgagor shall impair or annul any right or power of attorney given in the mortgage to the mortgagee to sell or transfer the mortgaged property, as attorney or agent of the mortgagor. When public sale is made of the mortgaged property under this chapte…

Any person who is a mortgage, or a federal mortgage insurer or other person which succeeds to the interest of a mortgage, including persons not qualified to acquire title under section 37.0204, to whom by deed or other instrument title to individually owned land is transferred by…

(a) “Federal mortgage insurer” means any agency or instrumentality of the Government of the United States of America, which insures or guarantees mortgages or other loans for residential housing. (b) “Individually owned land” means land registered as individual property of a pers…

As used in this chapter, “Samoan” or “Samoan descent” includes American Samoans of at least one-half Samoan blood and persons born on other islands of the Pacific Ocean who are of at least one-half Polynesian, Melanesian or Micronesian blood and who reside in American Samoa. Hist…

(a) 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 …

(a) If the person seeking to separate a structure from communal lands is not the matai in charge of the communal lands upon which the structure is or is proposed to be erected, the agreement shall be executed on behalf of the owners of the land by the matai of the family. (b) If …

(a) When an instrument entered into in accordance with this chapter is offered to the Territorial Registrar for recording, he shall give notice of the receipt of the instrument by causing a written notice thereof in both the English and Samoan languages to be posted on the buildi…

If no objection to the separation of a building from the lands is filed with the Territorial Registrar within 30 days after the posting, the Territorial Registrar shall record the agreement, together with proof of the required posting. History: 1962, PL 7-23; 1968, PL 10-56.

(a) If objections are filed within 30 days after posting of notice, the Territorial Registrar shall so inform the Chief Justice, and the matter shall be set down for trial in the High Court as a civil matter, and all interested persons shall be notified of the time and place of t…

(a) The Government may take any land, easement or right-of-way, or any other property interest in American Samoa, when required for public purposes. Where possible, the Governor shall consult with the Legislature about proposed condemnation projects, and shall obtain the advice o…

The Government shall have the power and authority to purchase property for public purposes from the owners, and to compensate them by private agreement. When an agreement has been made for a purchase by the Government, a transfer of the title to the property shall be executed by …

No lease of real property owned or controlled by the Government may be entered into for a period longer than 4 years unless such lease contains a provision satisfactory to the lessor whereby the rentals or lease price is adjusted upward or downward at intervals to adjust for infl…

No lease of real property owned or controlled by the Government may be entered into for a period longer than 6 years unless such lease contains a provision to adjust for inflation as provided in 37.2020, and, in addition, contains provisions satisfactory to the lessor which permi…

No lease of real property owned or controlled by the government which extends for a period of 10 years or longer may be effective until it has been submitted to the Fono, and not disapproved by a concurrent resolution duly adopted within 30 days of its submission. A special sessi…

(a) The Governor is authorized and empowered to promulgate such rules as are necessary to provide relocation payments and assistance and to otherwise enable the government to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public …

The public highway declared and proclaimed by Regulations No. 15 and No. 16, 1900, enacted 3 September 1900, by B. F. Tilley. Commander, U.S.N., Commandant, and amended by W. Evans, Captain, U.S.N., on 10 May 1921, extending from Blunt’s Point on the southern side of Pago Pago Ha…

(a) It shall be lawful for those employed by the government to enter upon the lands within the boundaries stated in 37.2050 and build or repair the highway thereon as from time to time directed, remove all rocks, trees or other obstructions and complete the formation or repair of…

(a) It is unlawful for any person to erect any fence, wharf, boathouse, building or structure of any kind whatsoever to seaward of the public highway established by 37.2050 without special permission of the Governor of American Samoa, to whom there must be presented a written app…