37.0104 Adjudication of conflicting claims.

Cite as [A.S.C.A. § 37.0104]

(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 shall register the land as directed by the court.

(c) Judgments adjudicating title to land shall:

(1) provide monuments, located on the ground, delineating the boundaries of the prop-erty;

(2) provide for a survey, the cost of which shall be assessed by the court;

(3) be accompanied by the survey when the judgment is registered by the Territorial Registrar.

History: 1962, PL 7-31, 1968, PL, 10-38, 1971, PL, 12-3, readopted 1980, PL, 16-88 §§ 1, 2; 1982, PL, 17-31 §§ 1, 2.

Case Notes:

Subsection (b) does not indicate manner of adjudicating conflicting claims: therefore, the court may adjudicate in favor of both applicant and objector or objector alone. Fanene v. Taito. ASR (1977)

The land-registration statutes do not require a certification or an affidavit by the Territorial Registrar or the High Court that notices was given for the required period. A.S.C.A. §§ 37.0103(c), 37.0104(b). Asifoa v. Faoa, 21 A.S.R.2d 91 (1992).