Property
Inalienable customary land held through matrilineal bwij, no freehold sale
Almost all land is customary and cannot be sold. Rights are layered between the iroijlaplap, the alap and the dri jerbal, and disputes go to the Traditional Rights Court.
Key rules
- Jurisdiction — Customary tenure covers the atolls. Government land is limited, and use by outsiders is achieved by lease rather than transfer.
Governing law
- Constitution of the Marshall Islands 1979 (art. X (traditional rights))
- Constitution of the Marshall Islands 1979 (art. VI, s. 4 (Traditional Rights Court))
- Land Acquisition Act 1986
- Registration of Land Titles Act
In practice
Land is the central institution of Marshallese law. Rights are held by the bwij, a matrilineal lineage, and descend through the mother's line. Three interests coexist in the same parcel: the iroijlaplap holds paramount title, the alap is the lineage head managing the land, and the dri jerbal are the workers with rights of use and residence. None of these can be extinguished by sale, and the constitutional protection of traditional rights in article X means legislation cannot simply override them. Practically, every outside project is a lease negotiation with all interest-holders, and identifying who must consent is the hard part. The Traditional Rights Court determines customary questions and its findings carry substantial weight with the High Court. The nuclear testing legacy adds a further layer: displaced communities from Bikini and Enewetak hold claims and trust arrangements distinct from ordinary tenure, and the Nuclear Claims Tribunal made awards exceeding two billion dollars that remain largely unpaid because the Compact fund was exhausted.