Title 21 — Real Property

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.

Copies. All instruments, notices, and papers required or permitted by this Law to be filed in the office of the registrar, shall be retained and kept in such office, and shall not be taken therefrom except by a subpoena duces tecum issued to and served upon the registrar by a cou…

Every copy of original instruments so certified as provided for in the last preceding section, shall be received in all cases in place of the original, and when offered in evidence shall have the same force and effect as the original instrument. SOURCE: CC '1157.50.

Instruments. Such forms of deeds, mortgages, leases, and other instruments as are now or may hereafter be sufficient in law for the purpose intended, may be used in conveying registered land and any estate or interest therein. SOURCE: CC '1157.51.

Instrument Presented for Registration: Service of Notices and Process on Person Interested. Every deed or other voluntary instrument which is presented for registration including the endorsement of a certificate of title, shall contain or have endorsed upon it, the full name, res…

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 …