Title 21, Real Property

No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterwards happen, the future interest takes effect in…

The income of property, as the term is used in this Chapter, includes the rents and profits of real property, the interest of money, dividends upon stock, and other produce of personal property. SOURCE: CC § 748.

The delivery of the grant, where a limitation, condition, or future interest is created by grant, and the death of the testator, where it is created by will, is to be deemed the time of the creation of the limitation, condition, or interest, within the meaning of this Chapter. SO…

Real Property within Guam is governed by the law of Guam except where the title is in the United States. SOURCE: CC § 756. 2025 NOTE: Reference to the “Territory” omitted pursuant to 1 GCA § 420. ---------- COL 2025-06-04

Estates in real property, in respect to the duration of their enjoyment, are either: 1. Estates of inheritance or perpetual estates; 2. Estates for life; 3. Estates for years; or 4. Estates at will. SOURCE: CC '761.

Every estate of inheritance is a fee, and every such estate, when not defeasible or conditional, is a fee simple or an absolute fee. COL120106 SOURCE: CC '762.

Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple; and if no valid remainder is limited thereon, is a fee simple absolute. SOURCE: CC '763.

Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession on the death of the first taker, without issue living at the time of his death. SOURCE…

Estates of inheritance and for life are called estates of freehold; estates for years are chattels real; and estates at will are chattel interest, but are not liable as such to sale on execution. SOURCE: CC '765.

An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold. SOURCE: CC '766.

A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time. SOURCE: CC '767.

A reversion is the residue of an estate left by operation of law in the grantor or his successors, or in the successors of a testator, commencing in possession on the determination of a particular estate granted or devised. SOURCE: CC '768.

COL120106 When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name. SOURCE: CC '769.

The absolute ownership of a term of years cannot be suspended for a longer period than the absolute power of alienation can be suspended in respect to a fee. SOURCE: CC '770.

The suspension of all power to alienate the subject of a trust, other than a power to exchange it for other property to be held upon the same trust, or to sell it and reinvest the proceeds to be held upon the same trust, is a suspension of the power of alienation, within the mean…

A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty-one (21) years, or upon any other contingency by which the estate of such persons may be deter…

Subject to the rules of this Chapter, and of Part I of this Division, a freehold estate, as well as a chattel real, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or chat…

COL120106 Successive estates for life cannot be limited, except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons, the remainder, if valid in its creation, takes effect in the sa…

No remainder can be created upon successive estates for life, provided for in the preceding section, unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years, unless it is for the whole residue of such term. SOURCE: CC '775.

A contingent remainder cannot be created on a term of years unless the nature of the contingency, on which it is limited, is such that the remainder must vest in interest during the continuance or at the termination of lives in being at the creation of such remainder. SOURCE: CC …

No estate for life can be limited as a remainder on a term of years, except to a person in being at the creation of such estate. SOURCE: CC '777.

A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation. SOURCE: CC '778.

When a remainder is limited to the heirs, or heirs of body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the successors or heirs of the body of the owner for life, are entitled to take by virtue of th…

When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker, or the expiration, by lapse of time, of such term of years. SOURCE: CC…

A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed. SOURCE: CC '781. ---------- COL120106 COL120106

An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing. SOURCE: CC '…

A grant of an estate in real property may be made in substance as follows: I, A.B., grant to C.D., all that real property situated in (insert location), bounded (or described) as follows: (Here insert description, or if the land sought to be conveyed has a descriptive name, it ma…

A grant or conveyance of real property made by a married woman may be made, executed, and acknowledged in the same manner and has the same effect as if she were unmarried. SOURCE: CC '1093.

A married woman may make, execute and revoke powers of attorney for the same, conveyance, or encumbrance of her real or personal estate, which shall have the same effect as if she were unmarried, and may be acknowledged in the same manner as a grant of real property. SOURCE: CC '…

When an attorney in fact executes an instrument transferring an estate in real property, he must subscribe the name of his principal to it, and his own name as attorney in fact. SOURCE: CC '1095. CROSS-REFERENCES: See 21 GCA '29166 relative to an attorney-in- fact dealing with re…

Any person in whom the title of real estate is vested, who shall afterwards, from any cause, have his or her name changed, must, in any conveyance of said real estate so held, set forth the name in which he or she derived title to said real estate. SOURCE: CC '1096. CROSS-REFEREN…

A transfer of real property transfers all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred in the same manner and to the same extent as such property was obviously and permanently used by the…

A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended. SOURCE: CC '1105.

Where a person purports by proper instrument to grant real property in fee simple, and subsequently acquires any title, or claim of title thereto, the same passes by operation of law to the grantee, or his successors. SOURCE: CC '1106.

Every grant of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or encumbrancer who in good faith and for a valuable COL070307 consideration acquires a title or lien by an instrument that is f…

A grant made by the owner of an estate for life or for years, purporting to convey a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer. SOURCE: CC '1108.

Where a grant is made upon condition subsequent and is subsequently defeated by the nonperformance of the condition, the person otherwise entitled to hold under the grant must reconvey the property to the grantor or his successors, by grant, duly acknowledged for record. SOURCE: …

An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the state upon the performance of the condition. SOURCE: CC '1110.

Grants of rents or of reversions or of remainders are good and effectual without attornments of the tenants, but no tenant who, before notice of the grant, shall have paid rent to the grantor, must suffer any damage thereby. SOURCE: CC '1111.

A transfer of land, bounded by a highway, passes the title of the person whose estate is transferred to the soil of the highway in front to the center thereof, unless a different intent appears from the grant. SOURCE: CC '1112.

COL070307 From the use of the word grant in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for himself and his heir to the grantee, his heirs, and assigns, are implied, unless res…

The term encumbrances includes taxes, assessments, and all liens upon real property. SOURCE: CC '1114.

Lineal and collateral warranties, with all their incidents, are abolished, but the heirs and devisees of every person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerable on such covenant or agreement to the extent of th…

COL070307 The following-named properties shall be exempt from taxation: all public property; all buildings, together with the land on which they sand, used exclusively for purposes of education, religion or officially approved charities; but this exemption shall not include resid…

A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice in writing to the tenant, in the manner prescribed by '21108 of this Title, to remove from the premises within a period of not less than thirty (30) days, to be specified in the …