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Library Separation of Structures from Communal Land – Property (Chapter 15 of Title 37).

Separation of Structures from Communal Land – Property (Chapter 15 of Title 37).

Separation of Structures from Communal Land – Property (Chapter 15 of Title 37).

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ISBN / Resource ID
LEX-FAOC051555
Pages
1
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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 with any person that any structure now existing or hereinafter erected on such lands shall not be or become a part of the real estate, but shall remain separate and distinct therefrom, subject to ownership separate from the land, and also subject to the right of removal by the owner of the structure. Section 3 concerns the execution of agreement, i.e. separation of a structure from the land. After recording of the agreement with the territorial Registrar any person may obtain a lien or encumbrance on the structure which may be foreclosed or enforced as though the structure were personal property. Recording shall only take place after a 30 days period in which objections against separation may be filed with the Registrar.

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