Asanuma v Pius [1958] TTLawRp 28; 1 TTR 458 (31 July 1958)

TRIAL DIVISION OF THE HIGH COURT

PALAU DISTRICT

Civil Action No. 130

ASAO ASANUMA
Plaintiff

v

PIUS

and

JOAQUIN A. FLORES
Defendants

July 31, 1958

Action to determine title to land in Koror Municipality. Plaintiff purchased land in question from defendant Flores, in good faith and without knowledge of defendant Flores agreement with defendant Pius, his "brother under the custom" to sell back to Pius the land and improvements thereon for agreed sum. The Trial Division of the High Court, Chief Justice E. P. Furber, held that plaintiff acquired full title to land free of Pius' claims and that, in accordance with Palau customary law, defendant Flores is liable to defendant Pius for damage caused him by breach of obligations under custom and of their previous agreement.

1. Palau Land Law-Individual Ownership

Since concepts of "individual land" and transfer of land by written instrument are foreign to Palau custom, general principles of land transfers applied by administering authorities who introduced concepts, rather than Palau custom, will be used in determining ownership of land.

2. Real Property-Sales-Bona Fide Purchaser

Where seller in Palau Islands gives buyer clear evidence of full ownership of land, and latter buys land on that evidence in good faith and for value paid, without notice of seller's prior oral agreement with third party to sell same land to him, first buyer acquires full title to land free of third party's claims.

3. Real Property-Sales-Bona Fide Purchaser

Transfer of or encumbrance upon real estate or any interest therein, other than lease for term not exceeding one year, is not valid as against subsequent purchaser or mortgagor of same real estate who buys in good faith for valuable consideration without notice of prior transfer, if transfer to subsequent purchaser is recorded first. (T.T.C., Sec. 1023)

4. Palau Custom-, Family Obligations-"Brothers Under the Custom"

Under Palau custom, one altercation and beating is insufficient to terminate relationship of "brothers under the custom."

5. Palau Custom-Family Obligations-"Brothers Under the Custom"

Under Palau custom, where party attempts to get from his "brother under the custom" same price for real estate for which he was ready to sell to outsider, actions are entirely inconsistent with party's obligation under such customary law.

6. Palau Custom-Family Obligations-"Brothers Under the Custom"

Under Palau custom, party's "brother under the custom" is entitled to preferential treatment of at least five to ten percent in transaction for sale of land by party.

7. Palau Custom-Family Obligations-"Brothers Under the Custom"