Title 21 — Real Property

A system for registering titles to real estate is hereby established. This enactment may be cited as the Land Title Registration Law. SOURCE: CC '1157. NOTE: For Purpose: see Wells v. Lizama (1968), 396 F.2d. 877.

The Director of Land Management shall be ex officio registrar of titles and shall have and exercise all of the duties, powers and functions of said office. He is authorized to designate one or more employees of the Department of Land Management as deputy registrars of titles. SOU…

Deputies of the registrar of titles may perform any and all duties of the registrar, in the name of the registrar, and the acts of such deputies shall be held to be the acts of the registrar. SOURCE: CC '1157.2.

Deputy registrars are prohibited from practicing law, or acting as attorneys or counselors at law, or having as a partner a lawyer or anyone who acts as such, or from acting as searchers of title under this Law. SOURCE: CC '1157.3.

Contents, etc. All land may be brought under the operation of this Law by the owner or owners of any estate or interest therein, whether legal or equitable (other than an individual share or an easement) by filing with the clerk of the court his or her or their verified petition …

If said land is a part of a city, village, town or subdivision of which an official map is on file in the Department of Land Management and upon such map the land appears in such a manner that it can be identified thereon by reference, the application may refer to such map. In al…

Subject to Lien or Charge. No mortgage, lien, charge, or lesser estate than fee simple shall be registered unless the fee simple to the same land is first registered. It shall not be an objection to bringing land under this Law, that the estate or interest of the applicant is sub…

Assessment. No title derived through sale for any tax or assessment shall be entitled to be first registered unless it appears to the satisfaction of the court upon the hearing of the application that the period of redemption [as provided by '1132(a) of the Civil Code of Guam] ha…

The application may be amended only by petition verified as in the case of the original. Such amendment may be ordered by the court on its own motion or upon the motion of any person interested in the proceedings. SOURCE: CC '1157.8.

The filing of the application in the office of the clerk of the court, together with the recording of a certified copy thereof in the Department of Land Management shall constitute notice to all subsequent purchasers or encumbrancers of the land described in the application. SOUR…

The court shall, in its discretion, where one or more abstracts are presented with the petition, itself examine them, or refer the same as provided in § 29119 of this Law. It if shall appear to the court from an examination of the abstract or abstracts or from the report of the E…

Application. When the court shall order notice given a notice be issued, under the seal of the court, which shall contain the name of the court, the name or names of the application, or applicants and a particular description of the land involved, which notice shall be directed t…

Upon the petition of the applicant or any person interested in the proceedings, the court shall appoint a disinterested person to act as guardian ad litem for minors and other persons under disability and for all persons not in being who may appear to have any interest in or lien…

Streams. If the petition prays to have the line of any public way determined, notice shall be given to the Attorney General of Guam by service of a copy of such notice personally. If the land borders on a navigable stream or on an arm of the sea, or if it otherwise appears from t…

After the notice required to be given by this Law has been given and the time for all persons to appear has expired, the court shall set the petition down for hearing upon notice to all persons who have appeared as is required in other civil actions and shall proceed to determine…

Every decree shall state whether or not the owner of the land directed to be registered is married or unmarried and, if married, the full name of the spouse; if the owner is under a disability, it shall state the nature of the disability and the person acting for him and the sour…

A decree of the court ordering registration shall be in the nature of a decree in rem, shall forever quiet the title to the land therein ordered registered and shall be final and conclusive as against the rights of all persons, known and unknown, to assert any estate, interest, c…

Land, or Administer Upon Estate. Whenever any proceedings are hereafter commenced in the Superior Court by any person or persons either for themselves or in a representative capacity, wherein it is sought to quiet, establish title to, partition land, or to administer upon any est…

Compensation. Upon the filing of the petition or thereafter the court may, in its discretion, appoint an Examiner of Titles to whom any abstract or abstracts may be referred for examination. Such Examiner of Titles shall be an attorney in good standing, skilled in the examination…

Whenever an Examiner of Titles is appointed and any abstract is referred to him for examination, he shall proceed to examine into the title of land described in the application and shall investigate all facts pertaining to the title which shall be brought to his notice and shall …

Any applicant may upon such terms as the court may impose so as to save the opposing party harmless from loss and upon payment of all fees due, withdraw his application at any time prior to the final decree and upon the written request of such applicant and the order of the court…

Interest. In case of death or any disability of the applicant, or any party to the action, the court, on motion may allow the proceeding to be continued by or against his representative or successor in interest. In case of any other transfer of interest the proceeding may be cont…

Immediately upon the filing with the registrar of the certified copy of the decree ordering registration, he shall proceed to register the title in accordance with the directions of the decree and issue a certificate or certificates of title in the manner therein directed and the…

Every first and subsequent certificate of title shall be in duplicate and numbered consecutively and bear date the year, month, day, hour, and minute of its issue, and shall be under the hand and official seal of the registrar. One copy of said certificate shall be retained by th…

No particular form of certificate of title is required, but the same may be, subject to such changes as the case may required, substantially in the following form: Territory of Guam, ss: A. B. [State occupation and residence, giving street and lot number], Territory of Guam [if a…

In all cases where two (2) or more persons are entitled as tenants in common to an estate in registered land, such persons may receive one certificate for the entirety, or each may receive a separate certificate for his undivided share. SOURCE: CC '1157.24.

Upon the application of any registered owner of land held under separate certificates of title, or under one certificate, and delivering up of such certificate or certificates of title the registrar may issue to such owner a single certificate of title for the whole of such land,…

Original. In the event of a duplicate certificate of title being lost, mislaid, or destroyed, the owner may apply to the registrar for a certified copy of the original certificate of registration. If the registrar is satisfied that the applicant is the person named in the origina…

If an owner's name or description is incorrectly registered, or becomes changed (e.g., by marriage, adoption, divorce, etc.), the registrar shall, if he is satisfied that the applicant is the same person as that appearing in the original certificate, and the production by the app…

The registrar shall keep a book, to be known as the Register of Title, wherein he shall enter all original certificates of title, in the order of their numbers, with appropriate blanks for the entry of memorials and notations allowed by this Law. Each certificate with such blanks…

Before the delivery of any duplicate certificate of title, a receipt for it shall be required to be signed by the owner. Where such receipt is signed in the presence of the registrar or a deputy, it shall be witnessed by such officer. If signed elsewhere, it shall be acknowledged…

In every case of first registration of land or an estate or interest therein the same shall be deemed to be registered under this Law when the registrar shall have marked upon the certificate of title in duplicate, the volume and folio of the register in which the original may be…

Every transfer of registered land shall be deemed to be registered under this Law when the new certificate to the transferee shall have been marked as in the case of the first registration; and all other dealings shall be considered as registered when the memorial or notation sha…

Any person feeling himself aggrieved by the action of the registrar, or by his refusal to act in any manner pertaining to the first registration of land, or any subsequent transfer, or charge upon the same, or in failing or neglecting, or refusing to file any instrument, or to en…

Only. The registered owner of any estate or interest in land obtaining a registered decree under this Law shall, except in case of fraud to which he is a party, or fraud of the person through whom he claims without valuable consideration paid in good faith, hold the same subject …

After land has been registered, no title thereto adverse or in derogation to the title of the registered owner shall be acquired by any length of possession. SOURCE: CC '1157.34.

Inquire or Affected With Notice. Except in case of fraud, and except as herein otherwise provided, no person taking a transfer of registered land, or any estate or interest therein, or any charge upon the same, from the registered owner, shall be held to inquire into the circumst…

In case of fraud, any person defrauded shall have all rights and remedies that he would have had if the land 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 valu…

by Person Under Disability. If a deed or other instrument is registered, which is forged, or executed by a person under legal disability, such registration shall be void: provided, that the title of a registered owner, who has taken bona fide for a valuable consideration, shall n…

Registered Owner. No unregistered estate, interest, power, right, claim, contract, or trust shall prevail against the title of a registered owner taking bona fide for a valuable consideration or of any person bona fide claiming through or under him. SOURCE: CC '1157.38.

In any suit for specific performance by a registered owner, against a person who may have contracted to purchase such land, and there have been no fraud or other circumstance which, according to the provisions of this Law, would affect the title of the vendor, the certificate of …

or Partitions or Possession. In any action or proceeding brought for ejectment, partitions, or possession of land, the certificate of title of a registered owner shall be held in every court to be conclusive evidence, except as herein otherwise provided, that such registered owne…

The register of any land, and duly certified copies thereof, shall, except as herein otherwise provided, be received in law and in equity as evidence of the facts therein stated, and as conclusive evidence that the person named therein as owner is entitled to the land for the est…

Cancelled. Whenever a memorial has been entered, as permitted by this Law, the registrar shall carry the same forward upon all certificates of title until the same is cancelled in some manner authorized by this Law. SOURCE: CC '1157.42.

to Registration Subject to Law. All dealings with land, or any estate or interest therein, after the same has been brought under this Law, and all liens and encumbrances and charges upon the same subsequent to the first registration thereof, shall be deemed to be subject to the t…

No person shall commence any action at law or in equity for the recovery of land, or assert any interest or right in or lien or demand upon the same, or make entry thereon adversely to the title of interest certified in the certificate of title bringing the land under the operati…

Land Belonging to Estate. In all estates of deceased person the administrator or executor may file a petition to the court in the probate proceedings, praying for the registration of all land belonging to the estate, setting forth the facts required to be set forth by § 29105 and…

Registered Land Offered for Filing. Nothing in this Chapter shall be deemed to limit, modify or invalidate any mechanic lien or mechanic lien rights afforded under Guam=s mechanic lien laws. Any instrument offered for filing with the registrar which affects registered land must h…

A registered owner of land desiring to transfer his whole estate or interest therein, or some part or parcel thereof, or some undivided interest therein, or to convey an estate for life or years, may execute an instrument of conveyance in any form authorized bylaw for that purpos…

Transferred. When only part of the land described in a certificate is transferred, a new certificate shall be issued to the grantee for the part transferred to him and another one shall be issued to the grantor for the part remaining in him. SOURCE: CC '1157.48.