Title 21 — Real Property
50 chapters · 1,488 sections in this title.
21 GCA § 33101 Parties Qualified to Take Acknowledgment
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The proof or acknowledgment of an instrument may be made at any place within Guam, before the Judge of the District Court, or a judge of the Superior Court. SOURCE: CC '1180. "Island" Court changed to Superior Court and reference to Police Court deleted pursuant to P.L. 12-85. CO…
21 GCA § 33102 Same, Individual Parties Generally. Governor's Certificate
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The proof or acknowledgment of an instrument may also be made in Guam before either: (a) The Director of Land Management or the Director of Administration. (b) The clerk of any court. (c) Notary Public. (d) Any other person authorized by the Governor of Guam. Provided, that the a…
21 GCA § 33103 Taken Outside of Territory
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The proof or acknowledgment of an instrument may be made outside of the Territory of Guam, but within the United States, and within the jurisdiction of the officer, before either: (a) A justice, judge, or clerk of any court of record of the United States; or, (b) A justice, judge…
21 GCA § 33104 Proof, Foreign Countries
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The proof or acknowledgment of an instrument may be made without the United States, before either: COL120106 (a) A minister, commissioner, or charge d'affaires of the United States, resident an accredited in the country where the proof or acknowledgment is made; or, (b) A consul,…
21 GCA § 33105 Deputies Authorized
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When any of the officers mentioned in the four preceding sections are authorized by law to appoint a deputy, the acknowledgment or proof may be taken by such deputy, in the name of his principal. SOURCE: CC '1184.
21 GCA § 33106 Acknowledgments Generally
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The acknowledgment of an instrument must not be taken, unless the officer taking it knows or has satisfactory evidence, on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individual who is described in and who executed the instrume…
21 GCA § 33107 Married Woman's Conveyance
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A conveyance by a married woman has the same effect as if she were unmarried, and may be acknowledged in the same manner. SOURCE: CC '1186.
21 GCA § 33108 Certificate Endorsed
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An officer taking the acknowledgment of an instrument must endorse thereon or attach thereto a certificate substantially in the forms hereinafter prescribed. COL120106 SOURCE: CC '1188.
21 GCA § 33109 Form For Out of Guam
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The certificate of acknowledgment, unless it is otherwise in this Article provided, must be substantially in the following form: Territory of Guam On this______day of__________, in the year________, before me (here insert name and quality of the officer), personally appeared ____…
21 GCA § 33110 Form, Corporation
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The certificate of acknowledgment of an instrument executed by a corporation must be substantially in the following form: Territory of Guam On this ___________ day of ____________, in the year_________, before me (here insert the name and quality of the officer), personally appea…
21 GCA § 33111 Form, Attorney-in-Fact
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The certificate of acknowledgment by an attorney-in-fact, must be substantially in the following form: Territory of Guam COL120106 On this _____ day of __________, in the year_____, before me (here insert the name and quality of the officer), personally appeared ____________, kno…
21 GCA § 33112 Signatures of Officers
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Officers taking and certifying acknowledgments, or proof of instruments for record, must authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also, their seals of office, if by the laws of Guam they are required to have off…
21 GCA § 33113 Justices' Authority, Certain Cases
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The certificate of proof or acknowledgment, if made before a justice of any state of the United States, must be accompanied by a certificate under the hand and seal of the clerk of the county in which the justice resides, setting forth that such justice, at the time of taking suc…
21 GCA § 33114 Proof Execution. Proof of the execution of an instrument,
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when not acknowledged, may be made either: (a) By the parties executing it, or either of them; or, (b) By a subscribing witness; or, (c) By other witnesses in cases mentioned in § 33117. SOURCE: CC '1195.
21 GCA § 33115 Witness Personally Known
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If by a subscribing witness, such witness must be personally known to the officer taking the proof to be the person whose name is subscribed to the COL120106 instrument as a witness, or must be proved to be such by the oath of a credible witness. SOURCE: CC '1196.
21 GCA § 33116 Evidence, Witness
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The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it, and that such person executed it, and that the witness subscribed his name thereto as a witness. SOURCE: CC '1197.
21 GCA § 33117 Handwriting Generally
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The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases: (a) When the parties and all the subscribing witnesses are dead; or, (b) When the parties and all the subscribing witn…
21 GCA § 33118 Proving Handwriting
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The evidence taken under the preceding section must satisfactorily prove to the officer the following facts: (a) The existence of one or more of the conditions mentioned therein; and, (b) That the witness testifying knew the person whose name purports to be subscribed to the inst…
21 GCA § 33119 Certificate
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An officer taking proof of the execution of any instrument must, in his certificate endorsed thereon or attached thereto, set forth all the matters required by law to be done or known by him, or proved before him on the proceeding, together with the names of all the witnesses exa…
21 GCA § 33120 Officers Generally
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Judicial officers authorized to take the proof of instruments are authorized in such proceedings: (a) To administer oaths or affirmations, as prescribed in 6 GCA § 3203; (b) To employ and swear interpreters; (c) To issue subpoenas, as prescribed in 6 GCA '7201; (d) To punish for …
21 GCA § 33121 Improper Certificate, Correction
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When the acknowledgment or proof of the execution of an instrument is properly made, but defectively certified, any party interested may have an action in the Superior Court to obtain a judgment correcting the certificate. SOURCE: CC '1202. "Island" changed to Superior Court purs…
21 GCA § 33122 Instruments, How Proved
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COL120106 Any person interested under an instrument entitled to be proved for record, may institute an action in the Superior Court against the proper parties to obtain a judgment proving such instrument. SOURCE: CC '1203. "District" changed to Superior Court pursuant to P.L. 12-…
21 GCA § 33123 Judgment
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A certified copy of the judgment in a proceeding instituted under either of the two preceding sections, showing the proof of the instrument, and attached thereto, entitles such instrument to record, with like effect as if acknowledged. SOURCE: CC '1204.
21 GCA § 33124 Conveyances Governed, How
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The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before this Code goes into effect, executed, acknowledged, proved or recorded is not affected by anything contained in this Chapter, but depends for its validity and l…
21 GCA § 33125 Recording, Existing Laws
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All conveyances of real property made before this Code goes into effect, and acknowledged, or proved according to the laws in force to the time of such making and acknowledgment or proof, have the same force as evidence, and may be recorded in the same manner and with the like ef…