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Giyal v Guot [1969] TTLawRp 21; 4 TTR 294 (28 February 1969)

4 TTR 294

GIYAL, and LIGOU, Plaintiffs

v.

GUOT, Defendant

Civil Action No. 47

Trial Division of the High Court

Yap District

February 28, 1969

Action to determine right to possession and use of certain land in Rul Municipality, Yap Islands. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, held that a mafen's right to dispossess a lineage of its land could be exercised only for compelling cause and where there was no valid reason for such an attempt the land remained in the lineage.

1. Yap Land Law-Generally

Causes of action which are derived from American land law are not able to cope with the problems arising from the transfer and inheritance of the complex family or tabinaw interests in land found in Yapese custom.

2. Yap Custom-Married Women

Where wife did not perform her traditional obligations to her husband, to the land and to the family group of which her husband was a member, after her husband's death, by her prior conduct of forfeiture, she lost all claim to any interest in the lands.

3. Real Property-Quiet Title-Presumption of Ownership

Consent to use and occupancy of land prevents the occupants from acquiring a vested interest in the land no matter how long occupancy continues.

4. Yap Land Law-Generally

Neither Yapese nor American land custom or law permits a vesting of interest in land merely to avoid hardship upon a claimant against the person or group having superior interests in the land.

5. Yap Land Law-Generally

Sometimes land practices are settled between individuals or between family groups without regard to fixed, continuing Yapese custom.

6. Yap Land Law-"Mafen" Rights

Under the custom mafen rights and authority over land is limited to a reversionary interest only without present use rights.

7. Yap Land Law-"Mafen" Rights

The mafen's right to dispossess a lineage of its land may be exercised only for compelling cause involving a most serious breach of custom

TURNER, Associate Justice

This action concerned the right to possession and use of three named parcels of land, together with connected and appertinent pieces and taro patches located in Ngariy, Gariy and Ley Villages, Rul Municipality, Yap Islands.

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