Conduct a search of title at the Ministry of Natural Resources, Environment and Meteorology
Agency: Ministry of Natural Resources & Environment
A search of title is conducted at the Ministry of Natural Resources & Environment to establish the vendor’s title to ownership and to check for encumbrances on the property. It is common practice that the buyer’s solicitor conducts a search at the land registry. The title search is done by volume and folio reference as well as parcel number (but registered chronologically). With the new computerized system, a property title search now provides all information regarding the rightful owner of the property and shows if any charges against that property.
Time and cost: 1 day, included in Procedure 2 if done by a lawyer
A lawyer prepares the sale and purchase agreement and notarizes the deed of transfer
Agency: Law Office
A sale purchase agreement is prepared by a lawyer. The participation of a lawyer is mandatory. The same lawyer/notary will notarize the deed of transfer between the seller and the buyer. The private practitioners in Samoa are entitled to notarize as well.
Time and cost: 3 days, WST 2,300
An abstract for the stamp duty is prepared at the Ministry of Natural Resources & Environment
Agency: Ministry of Natural Resources & Environment
An abstract for payment of stamp duty is prepared at the Ministry of Natural Resources & Environment, determining the valuation of the property.
Time and cost: 7 days, no charge
Payment of stamp duty at the Ministry of Natural Resources & Environment
Agency: Ministry of Natural Resources & Environment
As of the Stamp Duty Amendment Act of 2012 on 26th January 2012, effective on April 2012, the stamp duty rate varies according to the property value as follows:
- Less than WST 50,000 – 1% of the property value
- Equal to WST 50,000 or less than WST 100,000 – WST 500 + 2% of the excess above WST 50,000
- Equal to WST 100,000 or less than WST 200,000 – WST 1,500 + 3% of the excess above WST 100,000
- Equal to or more than WST 200,000 – WST 4,500 + 4% of the excess above WST 200,000
The stamp duty is paid at the Ministry of Natural Resources & Environment. If there is a mortgage (in this case there is not) this has to be discharged first, taking about 5 days. The discharged is signed by the mortgagee, usually a bank. It is then stamped. The stamp duty is WST 2 for the original and WST 5 for the copy payable to the Ministry of Natural Resources & Environment. The discharge is then registered with the Lands Registry at the Ministry of Natural Resources.
Time and cost: 1 day, WST 18,270.04 (WST 4,500 + 4% of the excess property value above WST 200,000 (stamp duty) + WST 5 for a copy)
Registration at the Land, Survey, and Environment Department
Agency: Land Management Division, Ministry of Natural Resources and Environment
Registration of new title: The land registry in Samoa has been fully computerized, and the property transfer process has been sped up significantly. The Land Titles Registration Act 2008 implemented on March 2nd, 2009 has changed the registration system in Samoa from a Deed to a Title system (Torrens system). The project started in June 2005. At the same time, the land registry was being fully computerized and free-form deed documents were replaced by Form A4, thus facilitating registration. The Land registry has also issued a flat fee of WST 100 for conducting a search of the property title and for lodging the deed of conveyance for registration. Article 22 stipulates that a corporation may affix its seal in lieu of signing the instrument of transfer and it will be considered as signed by the Registrar.
Time and cost: 3 days, WST 100 (registration fee)
