Title 21 — Real Property

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…

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…

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.

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.

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.

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…

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…

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…

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 …

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…

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-…

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.

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…

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…

For the purposes of this Chapter, notarial acts means acts which the laws and regulations of Guam authorize Notaries Public of Guam to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgments of instruments, and attesting docum…

(a) if the notarial act is performed by any of the persons described in paragraphs (a) to (d), inclusive, of § 35101, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank, or title and serial number, if any, …

The person taking an acknowledgment shall certify that: (a) the person acknowledging appeared before him and acknowledged he executed the instrument; and (b) the person acknowledging was known to the person taking the acknowledgment or that the person taking the acknowledgment ha…

The form of a certificate of acknowledgment used by a person whose authority is recognized under § 35102 shall be accepted in Guam if: (a) the certificate is in a form prescribed by the laws or regulations of Guam; (b) the certificate is in a form prescribed by the laws or regula…

The words acknowledged before me mean (a) that the person acknowledging appeared before the person taking the acknowledgment, (b) that he acknowledged he executed the instrument, (c) that, in the case of: (1) a natural person, he executed the instrument for the purposes therein s…

The forms of acknowledgment set forth in this section may be used and are sufficient for their respective purposes under any law of Guam. The forms shall be known as "Statutory Short Forms of Acknowledgment" and may be referred to by that name. The authorization of the forms in t…

A notarial act performed prior to the effective date of this Chapter is not affected by this Chapter. This Chapter provides an additional method of proving notarial acts. Nothing in this diminishes or invalidates the recognition accorded to notarial acts by other laws or regulati…

This Chapter shall be so interpreted as to make uniform the laws of those jurisdictions which enact it. SOURCE: CC '1212.3 enacted by P.L. 10-184.

This Chapter may be cited as the Uniform Recognition of Acknowledgments Law. SOURCE: CC '1212.4 enacted by P.L. 10-184. ---------- COL120106 COL120106

Every conveyance of real property acknowledged or proved and certified and recorded as prescribed by law from the time it is filed with the Director of Land Management is constructive notice of the contents thereof to subsequent purchasers and mortgagees. SOURCE: CC '1213.

Every conveyance of real property, other than a lease for a term not exceeding one (1) year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded…

The term conveyance as used in § 37101 and § 37102, embraces every instrument in writing by which any estate or interest in real property is created, alienated, mortgaged, or encumbered, or by which the title to any real property may be affected, except wills. SOURCE: CC '1215.

No instrument containing a power to convey or execute instruments affecting real property, which has been recorded, is revoked by an act of the party by whom it was executed, unless the instrument containing such revocation is also acknowledged or proved, certified, and recorded,…

An unrecorded instrument is valid as between the parties thereto and those who have notice thereof. SOURCE: CC '1217. ---------- COL120106 COL120106

This Chapter may be cited as the Marketable Title Law. SOURCE: CC '1218.

Any person having the legal capacity to own land in the Territory of Guam, who has an unbroken chain of title to any interest in land by himself and his immediate and remote grantors since January 1, 1935, and is in possession of such land, shall be deemed to have a marketable re…

COL120106 (a) A person shall be deemed to have the unbroken chain of title to an interest in land as such term is used in this Chapter when the official public records in the possession of the recorder of the Territory of Guam disclose a conveyance or other title transaction date…

Such marketable title shall be held by such person and shall be taken by his successors in interest free and clear of all interest, claims and charges whatsoever, the existence of which depends in whole or in part upon any act, transaction, event or omission that occurred prior t…

Who May File. The notice of claim mentioned in § 39104 may be filed for record by the claimant of any interest therein described or by any other person acting on behalf of a claimant who is under disability, unable to assert a claim on his behalf, or one of a class but whose iden…

The notice of claim must be filed for record with the recorder and must set forth the legal description of the land affected by such claim, together with a state of the nature of the claim, charge or interest asserted, which description shall be set forth in particular terms and …

The recorder shall accept all such notices and shall enter, index and record such notices in the same manner as notices of lis pendens. SOURCE: CC '1218.6.

For the purpose of this Chapter, the fact of the possession of real property referred to in § 39102 may be shown of record by one or more affidavits which shall contain the legal description of the real property referred to and show that the record title holder is upon the date t…

Nothing contained in this Chapter shall be construed to extend the period for bringing any action or doing any act required under any existing statute of limitations, nor to affect the operation of any existing laws governing the recording or the failure to record any instrument …

COL120106 No person shall use the privilege of filing notices of claims hereunder for the purposes of slandering the title to land and in any action brought for the purpose of quieting title to land, or to register land under the Land Title Registration Law, if the court shall fi…

This Chapter shall be construed to effect the legislative purpose of simplifying the facilitating of land title transactions by allowing persons to deal with the record title owner as defined herein; to rely upon the record title covering a period prior to January 1, 1935, and to…

Year Limitation. It shall not be necessary to perform any of the following acts to correct the record with respect to the title to real estate, in order to make such title marketable, in any instance where the defect or omission in the record has existed of record for a period of…

Twenty-Year Limitation. It shall not be necessary to perform any of the following acts to correct the record with respect to the title of real estate, in order to make such title marketable, in any instances where the defect or omission has existed of record for more than a perio…

Every instrument, other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or encumbrancers thereon is void as against every purchaser or e…

No instrument is to be avoided under the last section in favor of a subsequent purchaser or encumbrancer having notice thereof at the time his purchase was made, or his lien acquired, unless the person in whose favor the instrument was made was privy to the fraud intended. SOURCE…

Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of, an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of, or charge upon, the estate, by the person having the power of revocation, in f…

Where a person having a power of revocation, within the provisions of the last section is not entitled to execute it until after the time at which he COL120106 makes such a grant or charge as is described in that section, the power is deemed to be executed as soon as he is entitl…

Other provisions concerning unlawful transfers are contained in Part II, Division Fourth, of this Code, concerning the special relations of debtor or creditor. SOURCE: CC '1231. ---------- COL120106 COL120106

The homestead consists of the dwelling house in which the claimant resides, together with outbuildings, and the land on which the same are situated, selected as in this Title provided. The dwelling house may be in condominium, a planned development, a stock cooperative or a commu…

If the claimant be married, the homestead may be selected: (a) from the community property; or (b) from the property held by the spouses as co-tenants in tenancy in common or in joint tenancy or from the separate property of the husband or the wife. When the claimant is not marri…

The homestead is exempted from execution or forced sale, except as in this Chapter provided. SOURCE: CC '1240.

The homestead is subject to execution or forced sale in satisfaction of judgments obtained: (a) before the declaration of homestead is recorded, and which, at the time of such recordation, constitute liens upon the premises; (b) on debts secured by mechanics, contractors, subcont…