Title 21 — Real Property

Assignees in Insolvency. Executors, trustees in bankruptcy, administrators, and assignees in insolvency shall have no power of sale of lands registered in their names as such without an order or court obtained for that purpose. Before any certificate can be issued to the purchase…

That Executor Shall Have Power of Sale. If a testator, by his will, has provided that the executor thereof shall have power of sale of real estate, the court shall direct the registrar to register the words with power of sale, in respect the land of the deceased, and such executo…

Upon the filing of such confirmation with the registrar the latter shall issue the certificate of title, or note the memorial as the case may require; and such certificate of title or memorial noted shall be conclusive evidence in favor of all persons thereafter depending thereon…

Assessments. A purchaser of registered land sold for any tax or assessment, shall, within five (5) days after such purchase, file in the office of the registrar a written notice of such purchase, thereupon the registrar shall enter a memorial thereof upon the certificate of title…

Decree Showing Title. A tax deed of registered land, or of any estate or interest therein, issued in pursuance of any sale for a tax or assessment made after the taking effect of this Law, may be presented by the holder thereof to the registrar, who shall thereupon enter upon the…

Application for Deed and Proceedings on. All persons appearing upon the register to be interested in said land, and also the person who appears by the tax collector's books to have paid the tax or assessment last paid before the sale on which the deed is issued, shall be notified…

Issuance of Certificate. Such application shall be heard by the court, which shall render a decree showing the condition of the title to such land, and who is the owner thereof, and upon presentation to, of a duly certified copy of such decree, the registrar shall issue a certifi…

Service and Publication. The notice required by § 29179 shall be served upon persons interested in the manner provided in this Law for the service of notice of applications for original registrations. Proof of such service and publication must be made in the manner now or hereaft…

Memorial of Sale. Upon presentation to him of a certificate of redemption from any sale, the registrar shall cancel the memorial of said sale upon the certificate of title. SOURCE: CC '1157.80.

Land. In proceedings for partition of registered land, proof must be made that all persons, shown by the register of title to be interested in the land, have been made parties to such proceedings. SOURCE: CC '1157.81.

Setting Off Registered Land in Partition Proceedings. On confirmation of the report of the referees setting off registered lands in proceedings for partition, it shall be the duty of the parties to whom the lands are allotted to cause a certified copy of the judgment or decree to…

Proceedings for Partition. Whenever, in proceedings for partition of registered land, the court shall order a sale of such land, and the same is sold under such order, the purchaser shall file with the registrar a certified copy of the order confirming sale, that the terms of the…

Where Interest Set Off in Severalty. When a tenant in common has given any mortgage, or granted any other lien or interest upon his undivided interest, and the same is set off in severalty in proceedings in partition, such mortgage, lien, or other interest shall attach only to th…

Execution or Order. Whenever registered land shall be sold to satisfy any judgment decree, or order of court, the purchaser shall file with the registrar a duly certified copy of the order of sale, or of the order confirming such sale, when the same needs to be confirmed by the c…

Notice of Pendency Filed with Registrar. No suit, bill, or proceeding at law or in equity for any purpose whatever, affecting registered land, or any estate, or interest therein, or any charge upon the same, shall be deemed to be lis pendens or notice to any person dealing with t…

Land Dismissed or Otherwise Disposed of. When any suit, bill or proceeding affecting registered lands has been dismissed or otherwise disposed of, or any judgment, decree or order has been satisfied, released, reversed, or modified, or any levy or execution, attachment or other p…

Certified Copy Filed with Registrar. No judgement, or decree, or order of any court shall be a lien upon or in anywise affect registered land, or any estate or interest therein, until a certified copy of such judgment, decree, or order, under the hand and official seal of the cle…

Levied Upon. Whenever registered land is levied upon by virtue of any writ of attachment, execution, or other process, it shall be the duty of the officer making such levy forthwith to file with the registrar a certificate of the fact of such levy, a memorial of which shall be en…

Memorial Entered. No statutory or other lien shall be deemed to affect the title to registered land until after a memorial thereof is entered upon the register, as herein provided. SOURCE: CC '1157.90.

Action Authorizes Registrar to Cancel Memorial. The filing in the registrar's office of a certificate of the clerk of the court in which any suit, bill, or proceeding shall have been pending or any judgment decree is of record, that such suit, bill, or proceeding has been dismiss…

Made. After a title has been registered and a certificate issued therefor, or after a memorandum, notation, or memorial has been made on the Register of Titles and has been attested, no correction, alteration, or erasure shall be made therein or thereof, except in the manner here…

Costs. A registered owner or other person in interest or the registrar, may at any time apply by petition to the court, upon the ground that registered interests of any description, whether vested, contingent, expectant, or inchoate, have terminated and ceased, or that new intere…

Parties Fail to Agree. When the registrar is in doubt or when the parties in interest fail to agree as to the proper memorial to be made in respect of any deed, mortgage, or other voluntary instrument presented for registration, the question shall be referred to the court for dec…

Fees for registration and services shall be established by the registrar and approved by the Governor of Guam and all fees collected by the registrar shall be paid by him, between the first and fifth days or the month following receipt thereof, to the Department of Administration…

Nothing in this Law shall be construed to in anywise affect or modify the exercise of the right of eminent domain. When any suit or proceeding shall have been brought in the exercise of such right for the taking of registered land, or any interest therein, or to test the validity…

An owner of an undivided interest in registered lands may bring an action for the partition thereof. A notice of such action shall, at the time for the commencement thereof, be filed with the registrar and a memorial entered by him upon the register. A certified copy of any judgm…

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

In the case of an appeal from any proceeding under this Law, or from any judgment, order or decree affecting registered lands, the clerk of the court in which the notice of appeal is filed shall forthwith notify the registrar thereof, and thereupon the registrar shall enter upon …

Prepared. It shall be the duty of the registrar to require that all docu- ments offered for filing concerning registered land, shall be made out with a view to permanency. The registrar may refuse to accept any document for filing which is his judgment is wholly or partially writ…

Compensation. Deputies may be appointed by the Director of Land Management. Deputies shall be in such number as may be necessary to carry out the work program involved at any particular time. Compensation shall be the subject of a separate agreement between the government of Guam…

Registrars shall not make any rules or regulations that work a hardship or inconvenience upon owners or others desiring to avail themselves of the provisions of this Chapter, who live at a distance from the office of the registrar and shall in writing consent to accept notice of …

This Law shall be construed liberally so far as may be necessary for the purpose of effecting its general intent. SOURCE: CC '1157.106.

Prior Decrees. The jurisdiction of the Island Court to issue decrees ordering the registration of land titles from and after August 9, 1951, is hereby confirmed, and any other provision of law to the contrary notwithstanding; and all such decrees issued by the Island Court from a…

Any instrument or judgment affecting the title to or possession of real property may be recorded under this Chapter: provided, however, that deeds or grants conveying to a governmental agency, real estate, or any interest therein, or easements thereon, for public purposes shall n…

Judgments affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which such judgments were rendered may be recorded without acknowledgment, certificate of acknowledgment, or further proof. SOURCE: CC § 1159.

Letters patent from the United States or certificate of title or deeds from the government, executed and authenticated pursuant to existing law, may be recorded without acknowledgment or further proof, and where letters patent or certificate of title or deeds have been lost, or a…

Before an instrument can be recorded, unless it belongs to the class provided for in either §§ 31102, 31103, 33121 and 33122, it is execution must be acknowledged by the person executing it, or if executed by a corporation, by its president or secretary, or other person executing…

An instrument proved and certified pursuant to §§ 33117 and 33118 may be recorded in the Department of Land Management. SOURCE: CC § 1162.

Transfers of property in trust for the benefit of creditors and transfers or liens on property by way of mortgage, are required to be recorded in the cases specified in the Chapter on mortgages, and in cases specified by the insolvency law. SOURCE: CC § 1164. ---------- COL 01201…

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…

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…

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…

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,…

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.

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…

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.

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.

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 ____…

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…

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…