Property
All land is Crown land; it cannot be sold, only leased
Clause 104 of the Constitution vests all land in the Crown and makes it inalienable — it may not be sold to anyone, Tongan or foreign. Interests are hereditary estates, allotments and registered leases.
Key rules
- Deadline — Leases require Cabinet consent and are registered at the Ministry of Lands
- Deadline — Allotment entitlements pass by statutory succession, not by will
Governing law
- Act of Constitution of Tonga 1875, cl. 104
- Land Act (Cap. 132) (s. 13)
- Land Act (Cap. 132) (s. 43 (leases require Cabinet consent))
- Birth, Deaths and Marriages Registration Actsuccession to allotments
In practice
This is the most restrictive property regime in the atlas. There is no freehold and no sale of land in any form. Nobles hold hereditary estates, tofi'a, and Tongan male subjects are entitled on application to a tax allotment of about 8.25 acres and a town allotment, held for life and passing by a statutory line of succession that historically favoured male heirs. Everyone else, including all foreigners and companies, must take a registered lease with Cabinet consent. Because supply of allotments has not kept up with population, many Tongans hold no allotment despite the entitlement, and informal occupation arrangements are widespread — which makes verifying the registered position essential before any transaction or development.