Understanding Customary Land Access in Solomon Islands: Key Considerations and Challenges

pacificlegalnetwork
12 minutes ago
2 min read

As a starting point, across the 9 provinces of the country, most land (and some marine environments such as reefs and mangroves) in Solomon Islands is customary land, meaning that indistinguishable title is held by the customary landowners who have a claim over the land dating back to time immemorial. This concept is recognised in the Land and Titles Act [Cap 133]. The balance of the land is registered under the Land and Titles Act [Cap 133] with the perpetual title mostly held by the Commissioner of Lands on behalf of the Solomon Islands Government and the rest held by indigenous Solomon Islanders. Under the Land and Titles Act [Cap 133] persons who are not Solomon Islanders may not hold a freehold interest in land and non-Solomon Islanders may only hold a fixed-term estate over the land. [1]

How to lease land in Solomon Islands

The Commissioner of Lands may grant a fixed term-estate to a non-Solomon Islander, which must be registered within six months of issue of the grant. [2] A fixed-term estate over land in the Solomon Islands will provide the estate holder the right to occupy, use and enjoy the land and its produce for a period of time stipulated on the grant of the fixed-term estate, usually 75 or 50 years. [3] A fixed-term estate, once registered, requires the payment of rent and is for a fixed term. A fixed-term estate holder may, subject to the consent of the Commissioner of Lands, deal with the land as though it was a freehold interest, by leasing, subleasing, transferring, or charging the land. Other customary landowners may grant a lease over their customary land. In situations where investors are dealing directly with customary landowners in relation to lease arrangements, it is strongly recommended that such lease arrangements are agreed in writing and subsequently registered with the Commissioner of Lands. [4]

Under section 109 of the Land and Titles Act [Cap 133] registration of an interest in or over a fixed-term estate is a guarantee of title in Solomon Islands. Once the fixed-term estate lapses all interests in the fixed-term estate will be extinguished. However, the Commissioner of Lands is empowered to grant another fixed-term estate after the original fixed-term estate has expired. Where the lease is over customary land, consent from the landowners or their rightful customary descendants will be required.

How can we help?

The Pacific Legal Network helps businesses navigate the legal and cultural complexities of customary land in Fiji, Solomon Islands and Papua New Guinea. We provide clear, practical advice on land acquisition, leasing and compliance with local laws.

Whether you are starting a new project or expanding operations, PLN can guide you through every step. Get in touch today and see how we can support your business.