rangement of Provisions

1. Short title and
commencement
2. Interpretation
3. Application of the Act
4. Reference to repealed
Ordinance
5. Actions to recover land or
register title
6. Accrual of right of action in
case of future interest

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2012, No. 4

AN ACT to amend the Limitation Act 1975. [26
th January 2012]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

1. Short title and commencement-(1) This Act may be
cited as the Limitation Amendment Act 2012 and shall be read
together with and form part of the Limitation Act 1975
(“Principal Act”).
(2) This Act commences on the day it is assented to by the
Head of State.

2. Interpretation - In section 2(1) of the Principal Act,
insert the following in correct alphabetical order:


2 Limitation Amendment 2012, No. 4

““land of the Government” has the same meaning as
“public land” which is provided for in Article 101(4)
of the Constitution, and includes land acquired by
the Government by reparation;
“registered owner”:
(a) includes a person who has a registrable interest in
land, including a statutory trustee, an
administrator appointed by statute, an
executor, a trustee, a liquidator, and a trustee
in bankruptcy; but
(b) does not include a person adversely possessing
the property or a person who receives the
property from an adverse possessor.”.
3. Application of the Act-(1) This Act does not apply to the
following types of actions that were filed with the Supreme
Court, served upon the other party or parties and defended or
resisted by the defendant party on the grounds of adverse
possession before or on the day this Act commenced:
(a) actions to recover land;
(b) actions to evict a party from the land;
(c) actions to redefine boundaries of land.
(2) After section 14(3) of the Act, insert:
“(4) This section applies only to the following types of
actions that were filed with the Supreme Court, served upon
the other party or parties and defended or resisted by the
defendant party on the grounds of adverse possession before
or on the day the Limitation Amendment Act 2012
commenced:
(a) actions to recover land;
(b) actions to evict a party from the land;
(c) actions to redefine boundaries of land.”.
4. Reference to repealed Ordinance - In section 8(1) of
the Principal Act:
(a) for “Land Ordinance 1959”, substitute “Lands,
Surveys and Environment Act 1989, the Land
Titles Registration Act 2008”; and


2012, No. 4 Limitation Amendment 3

(b) after “so far as this Act is” insert “not”; and
(c) for “Ordinance”, where secondly occurring, substitute
“Acts”.

5. Actions to recover land or register title - For section 9
of the Principal Act, substitute:
“9. Actions to recover land or register title-(1) Subject
to section 3(1) of the Limitation Amendment Act 2012 and to
this Part, from the date the Limitation Amendment Act 2012
commenced:
(a) no right, title or interest in or to land adverse to
or in derogation of the title of the registered
owner shall be acquired by any length of
possession by virtue of any adverse
possession relating to real property; and
(b) no right, title or interest in or to land adverse to
or in derogation of the title of the registered
owner shall be registered by virtue of a claim
to title by adverse possession; and
(c) no title of any such registered owner shall be
extinguished by the operation of any statute
of limitation.
(2) Subject to section 3(1) of the Limitation Amendment
Act 2012 and to this Part, from the date the Limitation
Amendment Act 2012 commenced:
(a) no right, title or interest in or to land shall be
acquired by adverse possession; and
(b) no right, title or interest in or to land shall be
registered by virtue of a claim to title by
adverse possession; and
(c) no party shall raise adverse possession to defend
or resist any claim by a registered owner to -
(i) recover land; or
(ii) evict a party; or
(iii) redefine boundaries of land.”.


4 Limitation Amendment 2012, No. 4

6. Accrual of right of action in case of future
interest - For section 11(3) of the Principal Act, substitute:

“(3) The foregoing provisions of this section shall not
apply where the preceding estate or interest is:
(a) a defence raised by a party to -
(i) resist a claim by the registered
owner to recover the land because the
party holds the property by way of
adverse possession; or
(ii) evict the party adversely
possessing property; or
(iii) redefine boundaries of land
because the party argues that he or she
holds the property by way of adverse
possession; or
(b) a leasehold interest other than one which is
determinable with life or lives or with the
cesser of a determinable life interest.”.

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The Limitation Amendment Act 2012
is administered by the Office of the Attorney General.