PART IX. LAND AND TITLES
100. Matai titles
A Matai title shall be held in accordance with Samoan custom and usage and with the law relating to Samoan custom and usage.
101. Land in Samoa
- All land in Samoa is customary land, freehold land or public land.
- Customary land means land held from Samoa in accordance with Samoan custom and usage and with the law relating to Samoan custom and usage.
- Freehold land means land held from Samoa for an estate in fee simple.
- Public land means land vested in Samoa being land that is free from customary title and from any estate in fee simple.
102. No alienation of customary land
It shall not be lawful or competent for any person to make any alienation or disposition of customary land or of any interest in customary land, whether by way of sale, mortgage or otherwise howsoever, nor shall customary land or any interest therein be capable of being taken in execution or be assets for the payment of the debts of any person on his or her decease or insolvency:
Provided that an Act of Parliament may authorise
- the granting of a lease or licence of any customary land or of any interest therein;
- the taking of any customary land or any interest therein for public purposes.
103. Land and Titles Court
There shall be a Land and Titles Court with such composition and with such jurisdiction in relation to Matai titles and customary land as may be provided by Act.
104. Land below high-water mark
- Subject to the provisions of any Act, all land lying below the line of high water mark shall be public land.
- For the purposes of this Article, the term “high-water mark” means the line of median high tide between the spring and neap tides.
