Title 19 — Personal Relations
27 chapters · 510 sections in this title.
19 GCA § 40101 What is a Transfer
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Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another. SOURCE: CC '1039.
19 GCA § 40102 Voluntary Transfer
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A voluntary transfer is an executed contract, subject to all rules of law concerning contracts in general, except that a consideration is not necessary to its validity. SOURCE: CC '1040. NOTE: CC ''1041 through 1043 did not exist in the Civil Code. ---------- ARTICLE 2 WHAT MAY B…
19 GCA § 40201 What may be Transferred
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Property of any kind may be transferred, except as otherwise provided by Titles 18 through 21 of this Code. SOURCE: CC '1044. NOTE: The Titles of the Guam Code Annotated which constitute the former Civil Code of Guam are substituted here for the term, this Code, in the original, …
19 GCA § 40202 Possibility
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A mere possibility, not coupled with an interest, cannot be transferred. SOURCE: CC '1045.
19 GCA § 40203 Right of Reentry Transferrable
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A right of reentry, or of repossession for breach of condition subsequent, can be transferred. SOURCE: CC '1046.
19 GCA § 40204 Owner Ousted, May Transfer
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Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession. SOURCE: CC '1047. CROSS-REFERENCES: For definition and rules relating to claiming by adverse possession, see 7 GCA Chapter 11, Article …
19 GCA § 40301 When Oral
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A transfer may be made without writing, in every case in which a writing is not expressly required by law. SOURCE: CC '1052.
19 GCA § 40302 What is a Grant
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A transfer in writing is call a grant, or conveyance, or bill of sale. The term grant, in this and the next two Articles, includes all these instruments, unless it is specially applied to real property. SOURCE: CC '1053.
19 GCA § 40303 Delivery Necessary
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A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor. SOURCE: CC '1054.
19 GCA § 40304 Date
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A grant duly executed is presumed to have been delivered at its date. SOURCE: CC '1055.
19 GCA § 40305 Deliver to Grantee Absolute
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A grant cannot be delivered to a grantee conditionally. Delivery to him, or to his agent as such, is necessarily absolute, and the instrument takes effect thereupon, discharged of any condition on which the delivery was made. SOURCE: CC '1056.
19 GCA § 40306 Delivery in Escrow
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A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition and, on delivery by the depositary, it will take effect. While in possession of the third person, and subject to condition, it is called an escrow. SOURCE: CC '1057.
19 GCA § 40307 Surrendering Grant not Reconveyance
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Redelivering a grant of real property to the grantor, or cancelling it, does not operate to retransfer the title. COL120106 SOURCE: CC '1058.
19 GCA § 40308 Constructive Delivery
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Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases: 1. Where is instrument is, by agreement of the parties at the time of execution, understood to be delivered, and under such circums…
19 GCA § 40401 How Grants are Interpreted
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Grants are to be interpreted in like manner with contracts in general, except so far as is otherwise provided in this Article. SOURCE: CC '1066.
19 GCA § 40402 Limitations, How Controlled
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A clear and distinct limitation in a grant is not controlled by other words less clear and distinct. SOURCE: CC '1067.
19 GCA § 40403 When Recitals Resorted to
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COL120106 If the operative words of a grant are doubtful, recourse may be had to its recitals to assist its construction. SOURCE: CC '1068.
19 GCA § 40404 Interpretations against Grantor
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A grant is to be interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer or body, as such, to a private party is to be interpreted in favor of the grantor. SOURCE: CC '1069.
19 GCA § 40405 Irreconcilable Provisions
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If several parts of a grant are absolutely irreconcilable, the former part prevails. SOURCE: CC '1070.
19 GCA § 40406 Meaning of Heirs, Issue, Remainders
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Where a future interest is limited by a grant to take effect on the death of any person with heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean successors, or issue living at the death of the person named as ancestor. SOURCE: C…
19 GCA § 40407 Words of Inheritance Unnecessary
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Words of inheritance or succession are not requisite to transfer a fee in real property. SOURCE: CC '1072. CROSS-REFERENCES: See 15 GCA '615 (Words of Inheritance not Necessary). NOTE: No CC ''1073 through 1082 existed. ---------- ARTICLE 5 EFFECT OF TRANSFER
19 GCA § 40501 What Title Passes
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COL120106 A transfer vests in the transferee all the actual title to the thing transferred which the transferor then has, unless a different intention is expressed or is necessarily implied. SOURCE: CC '1083.
19 GCA § 40502 Incidents of Title
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The transfer of a thing transfers also all its incidents, unless expressly excepted; but the transfer of an incident to a thing does not transfer the thing itself. SOURCE: CC '1084.
19 GCA § 40503 Grant may Inure to Benefit of Stranger
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A present interest, and the benefit of a condition or covenant respecting property, may be taken by any natural person under a grant, although not named a party thereto. SOURCE: CC '1085. NOTE: No ''1086 through 1090 existed in the Civil Code. ----------- COL120106 COL120106