Commercial Law Updates

Fiji has 3 types of land title ownership that are regulated in accordance with the Land Transfer Act. This provides a system of title by registration that accords with the Torrens Title System and bestows an indefeasible title on anyone who registers their title in accordance with the Land Transfer Act, in the absence of actual fraud.

Fiji’s system of written titles and different types of land ownership is not only unique in terms of protecting indigenous land ownership but it also provides Fiji with an advantage over most other Pacific Island States. This is because, in accordance with the Torrens Title System, Fiji, has a system of recorded titles that the State guarantees. This system provides certainty of title which reduces disputes over land ownership and benefits commerce and investment.

In this legal update we briefly set out the 3 types of Fiji land ownership, and update on a recent development in relation to the requirements for the lawful assignment of iTaukei leases.

Fiji's Land Transfer Act, Cap 131, confers an indefeasible title to land on any proprietor who registers the title in accordance with the Land Transfer Act. There is only one exception that can defeat a registered title and this arises where it can be shown that the registered proprietor obtained the title by actual fraud.

In this legal bulletin we explain the law in relation to indefeasibility of title which includes consideration of leading case authorities from New Zealand, Australia and Fiji. We also discuss a recent Fiji Court of Appeal case authority that confirms that a registered proprietor of land has indefeasibility of title whether he or she is a purchaser of the title or obtains the title as a volunteer under a will.