Title 21, Real Property

Encumber Registered Land: Effect of Filing. A deed, mortgage, lease, or other instrument purporting to convey, transfer, mortgage, lease, charge, or otherwise deal with the registered land, or any estate or interest therein, or charge upon the same, other than a will or a lease n…

or Assessment. No transfer of title to land or any estate or interest therein shall be registered if the last original certificate shows that the land in such certificate described, or any part thereof has been sold for any tax or assessment, unless such transfer is intended to b…

brance of Registered Community Property. Community property registered under this Law as such cannot be transferred, mortgage, encumbered, or otherwise disposed of by the registered owner thereof without the written consent of both spouses, which written consent shall be recorded…

Married Person or an Executor, Administrator, Assignee, or Trustee. The transferee shall furnish the registrar with an affidavit stating whether the transferee (except when the latter is a corporation, executor, administrator, or assignee) is married, or not married, and if marri…

Registered Land: Effect. Every mortgage, lease, contract to sell, or other instrument intended to create a lien, encumbrance, or charge upon registered land, or any interest therein, shall be a charge thereon immediately upon registration thereof. SOURCE: CC '1157.57.

New Certificates. On the filing in the registrar's office of an instrument intended to create a charge on registered land and upon the production of the duplicate certificate of title, whenever it appears from the original certificate of title that the person intending to create …

Land in Duplicate, Triplicate, or More Parts. When any mortgage, lease or other instrument creating or dealing with a charge upon registered land, or any estate or interest therein, is in duplicate, triplicate, or more parts, only one of the parts need be filed and kept in the re…

Executed in Sufficient Number of Parts. When an instrument is not executed in a sufficient number of parts for the convenience of the parties, the registrar may make and deliver to each of the parties entitled thereto certified copies of the instrument filed in his office, with t…

Desires to Transfer or Assign Same. The holder of any charge upon registered land, which is otherwise legally transferable, desiring to transfer the same or any part thereof, may execute an assignment of the whole or any part thereof. The assignment of a part only must state whet…

or Part Thereof. A release, discharge, or surrender of a charge, or any part thereof, to all or any part of the land charges, may be effected in the same way as above provided in the case of a transfer. In case only a part of the charge of the land is intended to be released, dis…

Release or Satisfaction of Mortgages. All charges upon registered land, or any estate or interest in the same, may be enforced as now or hereafter allowed by law, and all laws with reference to the foreclosures and release or satisfaction of mortgages shall apply to mortgages upo…

Attorney in Fact. Before any person can convey, charge, or otherwise deal with registered land, or any estate or interest therein, as attorney in fact for another, the deed or instrument empowering him so to act shall be filed with the registrar, and a memorial thereof entered up…

Condition or Limitation. Whenever a deed or other instrument is filed in the registrar's office for the purpose of effecting a transfer or charge upon registered land, or any estate or interest therein, and it appears from such instruments that the transfer or charge is to be in …

With Power of Sale. [Repealed.] SOURCE: CC '1157.66. Repealed by P.L. 36-044:2 (July 20, 2021). 2021 NOTE: Pursuant to P.L. 36-044:4 (July 20, 2021), the repeal “shall not apply retroactively to instruments existing prior to enactment of this Act.” Prior to its repeal by P.L. 36-…

Words With Power of Sale. [Repealed.] SOURCE: CC '1157.67. Repealed by P.L. 36-044:3 (July 20, 2021). 2021 NOTE: Pursuant to P.L. 36-044:4 (July 20, 2021), the repeal “shall not apply retroactively to instruments existing prior to enactment of this Act.” Prior to its repeal by P.…

A trustee under any will admitted to probate, unless such power shall have been expressly withheld by the terms of such will, shall have power to deal with any registered land held by him in trust as fully in every respect as if such lands belonged to him individually. SOURCE: CC…

pendency of Probate, Insolvency, or Equity Proceedings. The distribution, transfer, leasing, mortgaging, or other change in the status of the title of registered land that is within the jurisdiction of the Superior Court by reason of pendency of probate or insolvency proceedings …

Registered Land. The court in its order or decree making such distribution, transfer, leasing, mortgaging, or other change in the status of the title of registered land, shall direct the registrar to issue a certificate of title, or to note a memorial of transaction, as the case …

Person Acting Under Direction of Court. The executor, administrator, assignee, receiver, or other person acting under the direction of said court, shall file with the registrar a certified copy of such order or decree, also the deed, lease, mortgage, or other instrument executed …

Assignees in Insolvency. Executors, trustees in bankruptcy, administrators, and assignees in insolvency shall have no power of sale of lands registered in their names as such without an order or court obtained for that purpose. Before any certificate can be issued to the purchase…

That Executor Shall Have Power of Sale. If a testator, by his will, has provided that the executor thereof shall have power of sale of real estate, the court shall direct the registrar to register the words with power of sale, in respect the land of the deceased, and such executo…

Upon the filing of such confirmation with the registrar the latter shall issue the certificate of title, or note the memorial as the case may require; and such certificate of title or memorial noted shall be conclusive evidence in favor of all persons thereafter depending thereon…

Assessments. A purchaser of registered land sold for any tax or assessment, shall, within five (5) days after such purchase, file in the office of the registrar a written notice of such purchase, thereupon the registrar shall enter a memorial thereof upon the certificate of title…

Decree Showing Title. A tax deed of registered land, or of any estate or interest therein, issued in pursuance of any sale for a tax or assessment made after the taking effect of this Law, may be presented by the holder thereof to the registrar, who shall thereupon enter upon the…

Application for Deed and Proceedings on. All persons appearing upon the register to be interested in said land, and also the person who appears by the tax collector's books to have paid the tax or assessment last paid before the sale on which the deed is issued, shall be notified…

Issuance of Certificate. Such application shall be heard by the court, which shall render a decree showing the condition of the title to such land, and who is the owner thereof, and upon presentation to, of a duly certified copy of such decree, the registrar shall issue a certifi…

Service and Publication. The notice required by § 29179 shall be served upon persons interested in the manner provided in this Law for the service of notice of applications for original registrations. Proof of such service and publication must be made in the manner now or hereaft…

Memorial of Sale. Upon presentation to him of a certificate of redemption from any sale, the registrar shall cancel the memorial of said sale upon the certificate of title. SOURCE: CC '1157.80.

Land. In proceedings for partition of registered land, proof must be made that all persons, shown by the register of title to be interested in the land, have been made parties to such proceedings. SOURCE: CC '1157.81.

Setting Off Registered Land in Partition Proceedings. On confirmation of the report of the referees setting off registered lands in proceedings for partition, it shall be the duty of the parties to whom the lands are allotted to cause a certified copy of the judgment or decree to…

Proceedings for Partition. Whenever, in proceedings for partition of registered land, the court shall order a sale of such land, and the same is sold under such order, the purchaser shall file with the registrar a certified copy of the order confirming sale, that the terms of the…

Where Interest Set Off in Severalty. When a tenant in common has given any mortgage, or granted any other lien or interest upon his undivided interest, and the same is set off in severalty in proceedings in partition, such mortgage, lien, or other interest shall attach only to th…

Execution or Order. Whenever registered land shall be sold to satisfy any judgment decree, or order of court, the purchaser shall file with the registrar a duly certified copy of the order of sale, or of the order confirming such sale, when the same needs to be confirmed by the c…

Notice of Pendency Filed with Registrar. No suit, bill, or proceeding at law or in equity for any purpose whatever, affecting registered land, or any estate, or interest therein, or any charge upon the same, shall be deemed to be lis pendens or notice to any person dealing with t…

Land Dismissed or Otherwise Disposed of. When any suit, bill or proceeding affecting registered lands has been dismissed or otherwise disposed of, or any judgment, decree or order has been satisfied, released, reversed, or modified, or any levy or execution, attachment or other p…

Certified Copy Filed with Registrar. No judgement, or decree, or order of any court shall be a lien upon or in anywise affect registered land, or any estate or interest therein, until a certified copy of such judgment, decree, or order, under the hand and official seal of the cle…

Levied Upon. Whenever registered land is levied upon by virtue of any writ of attachment, execution, or other process, it shall be the duty of the officer making such levy forthwith to file with the registrar a certificate of the fact of such levy, a memorial of which shall be en…

Memorial Entered. No statutory or other lien shall be deemed to affect the title to registered land until after a memorial thereof is entered upon the register, as herein provided. SOURCE: CC '1157.90.

Action Authorizes Registrar to Cancel Memorial. The filing in the registrar's office of a certificate of the clerk of the court in which any suit, bill, or proceeding shall have been pending or any judgment decree is of record, that such suit, bill, or proceeding has been dismiss…

Made. After a title has been registered and a certificate issued therefor, or after a memorandum, notation, or memorial has been made on the Register of Titles and has been attested, no correction, alteration, or erasure shall be made therein or thereof, except in the manner here…

Costs. A registered owner or other person in interest or the registrar, may at any time apply by petition to the court, upon the ground that registered interests of any description, whether vested, contingent, expectant, or inchoate, have terminated and ceased, or that new intere…

Parties Fail to Agree. When the registrar is in doubt or when the parties in interest fail to agree as to the proper memorial to be made in respect of any deed, mortgage, or other voluntary instrument presented for registration, the question shall be referred to the court for dec…

Fees for registration and services shall be established by the registrar and approved by the Governor of Guam and all fees collected by the registrar shall be paid by him, between the first and fifth days or the month following receipt thereof, to the Department of Administration…

Nothing in this Law shall be construed to in anywise affect or modify the exercise of the right of eminent domain. When any suit or proceeding shall have been brought in the exercise of such right for the taking of registered land, or any interest therein, or to test the validity…

An owner of an undivided interest in registered lands may bring an action for the partition thereof. A notice of such action shall, at the time for the commencement thereof, be filed with the registrar and a memorial entered by him upon the register. A certified copy of any judgm…

In the case of fraud, any person defrauded shall have all rights and remedies that he would have had if the lands were not under the provisions of this Law: provided, that nothing contained in this section shall affect the title of a registered owner who has taken bona fide for a…