Title 21 — Real Property

Of Defendant. On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible…

When, upon the trial of any proceeding under this Chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the judge must order that such complaint …

If, upon the trial, the findings of the court be in favor of the plaintiff and against the defendant, judgment shall be entered for the restitution of the premises; and if the proceedings be for an unlawful detainer after neglect, or failure to perform the conditions or covenants…

An appeal taken by the defendant shall not stay proceedings upon the judgment unless the judge or justice before whom the same was rendered so directs. COL372014 SOURCE: CCP § 1176.

Except as otherwise provided in this Chapter, the provisions of Division 2 of Title 7, Guam Code Annotated are applicable to and constitute the rules of practice in the proceedings mentioned in this Chapter. SOURCE: CCP § 1177. 2013 NOTE: In the transition from the CCP to the GCA…

The provisions of 7 GCA Division 2 commencing with Chapter 10, relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this Chapter, apply to the proceedings mentioned in this Chapter. SOURCE: CCP § 1178. 2013 NOTE: In the transition fro…

The court may relieve a tenant against a forfeiture of a lease, and restore him to his former estate, in case of hardship, where application for such relief is made within thirty (30) days after the forfeiture is declared by the judgment of the court, as provided in § 21115. The …

In all proceedings brought to recover the possession of real property pursuant to the provisions of this Chapter, all courts, wherein such actions are or may hereafter be pending, shall give such actions precedence over all other civil actions therein, except actions to which spe…

Whom. An action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by a nuisance, as the same is defined in 20 GCA, Remedies, and by the judgment in such action, the nuisance may be enjoined or abated as well as damages re…

If a guardian, tenant for life or years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgement for treble damages. SOURCE: CCP '732. COURT DECISI…

for. Any person who cuts down or carries off any wood or underwood, tree, or timber, or girdles or otherwise injures any tree or timber on the land of another person, or on the street or highway in front of any person's house, village, or city lot, or cultivated grounds; or on th…

Nothing in the last section authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of a public highway or bridge upon the land, or adjoining it. SOURCE: CCP '734.

If a person recovers damages for a forcible or unlawful entry in or upon, or detention of any building or any cultivated real property, judgment may be entered for three (3) times the amount at which the actual damages are assessed. SOURCE: CCP '735. ---------- COL120106 COL12010…

An action may be brought by any person against another who claims an estate or interest in real or personal property, adverse to him, for the purpose of determining such adverse claim, provided however, that whenever in an action to quiet title to, or to determine adverse claims …

If the defendant in such action disclaims in his answer any interest or estate in the property, or suffers judgment to be taken against him without answer, the plaintiff cannot recover costs. SOURCE: CCP § 739.

In an action for the recovery of property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the finding and judgment must be according to the fact, and the plaintiff …

Set-Off. When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant, or those under whom he claims, holding under color of title adversely to the claim of the plaintiff, in good faith, the value of such improve…

and Measure the Land in Dispute. The court in which an action is pending for the recovery of real property, or for damages for an injury thereto, or a judge thereof, may, on motion, upon notice by either party for good cause shown, grant an order allow to such party the right to …

Unnecessary Injury Done, the Party Surveying to be Liable Therefor. The order must describe the property, and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon the property with necessary surveyors and assistants, and make such survey…

Whatever its Terms. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale. SOURCE: CCP '744.

Foreclosure; or After Sale on Execution, Before Conveyance. The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon; or, after a sale on execution, before a …

Possession After Sale, Etc., and Before Delivery of Possession. When real property has been sold on execution, the purchaser thereof, or any person who may have succeeded to his interest, may, after his estate becomes absolute, recover damages for injury to the property by the te…

Suit. An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action. SOURCE: CCP § 747.

Unknown Defendants. Lis Pendens. An action may be brought to determine the adverse claims to, and clouds upon, title to real property by a person who, by himself or by himself and his predecessors in interest, has been in the actual, exclusive and adverse possession of such prope…

of Summons. Within one (1) year after the filing of the complaint, as required by the preceding section, a summons must be issued, which shall contain the matters required by ' 407 of the Code of Civil Procedure [see 2008 Comment], and in addition a description of the property an…

Entered, is Conclusive. Remedy is Cumulative. When the summons has been served as provided in the preceding section, and the time for answering has expired, the court shall proceed to hear the case as in other cases, and shall have jurisdiction to examine into and determine the l…

Different Names. Whenever any person who by any conveyance, judgment, or decree has received or taken, or who hereafter receives or takes, the title to, or any interest in, or lien upon real property in a certain name and thereafter has conveyed, or conveys, or has reconveyed, or…

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…