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Ngiramelkei v Sechelong [1974] TTLawRp 56; 7 TTR 119 (13 September 1974)

7 TTR 119

ISEKO NGIRAMELKEI, Plaintiff

v.

BAULES SECHELONG and EBILEDIL MEKESONG, Defendants

Civil Action No. 57-73

Trial Division of the High Court

Palau District

September 13, 1974

Dispute over title to land. The Trial Division of the High Court, Hefner, Associate Justice, held that the evidence showed that decedent had been given permission by the clan's title holder to use the land when it was village land, that the use of the land and the building of a house on the land gave decedent no rights, and that the land was to be held, on decedent's death, by the title holder for the clan and could not be passed, either by will or deed, by decedent to his wife.

1. Palau Land Law—Village Land—User's Rights

Where evidence showed that land decedent had used and built a house on was public or village land, not decedent's individual land, decedent had no authority to will or deed the land to his wife as her individual land and the land was to be held and administered for the village by the clan's title holder.

2. Palau Land Law—Village Land

Public or village land is held by the title holder for the village and can be disposed of only in certain ways.

3. Palau Land Law—Village Land—User's Rights

An individual may be given permission to use village land, but vested rights in the land do not accrue to the individual either by the permission or the use.

4. Palau Land Law—Village Land

It is the custom that village land is held in the name of the title holder of the clan.
Assessor: BENJAMIN K. OITERONG, Associate Judge, District Court
Interpreter: AMADOR D. NGIRKELAU
Reporter: SAM K. SASLAW
Counsel for Plaintiff: NGIRAMECHELBANG NGESKUSUK
Counsel for Defendants: BAULES SECHELONG
HEFNER, Associate Justice

This action concerns the title to land known as Ngetekyuid and Uchellulk in the village of Ngerulaobel, Airai Municipality, Palau.

Plaintiff is the widow of Ngiramesubed who was the title holder for the Ngertelwang Clan. The defendant, Baules Sechelong, is the successor title holder to Ngiramesubed pursuant to the judgment in Civil Action No. 582, now on appeal.

Plaintiff claims that the land in question was the individual land of Ngiramesubed and by virtue of his will (Plaintiffs Exhibit 1) and a deed (Plaintiffs Exhibit 3), she is now the owner of the property.

Defendant, Baules Sechelong, claims that the land is village land belonging to the village of Ngerulaobel and he, as title holder of the Ngertelwang Clan, holds and administers the property for the village people pursuant to Palauan custom.