Chapter 29

21 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 1 CHAPTER 29 LAND TITLE REGISTRATION § 29101. Titles to Real Estate. § 29102. Registrar of Titles. § 29103. Deputies May Perform Duties of Registrar. § 29104. Deputies Prohibited From Practicing Law. § 29105. Land Brought Under the Law by Filing Petit ion: Contents, etc. § 29106. Reference to Map or Plat, etc. § 29107. Registering of Estates Less Than Fee Simpl e: Estates Subject to Lien or Charge. § 29108. Registering of Titles Through Sale For Tax or Assessment. § 29109. Amendment of Application. § 29110. Notice of Lis Pendens. § 29111. Examination of Abstract by Examiner of Tit les. § 29112. Notice of Petition; Service; Objection or Assent to Application. § 29113. Appointment of Guardian. § 29114. Lines of Public Ways: Lands Bordering Navi gable Streams. § 29115. Hearing of Petition. § 29116. Recitals in Decree: Filing of Decree: Appe als. § 29117. Decree in Rem: Effect. § 29118. Decree in Proceedings to Establish Title, Partition Land or Administer Upon Estate. § 29119. Examiner of Titles: Appointment: Qualifica tions: Compensation. § 29120. Duties of Examiner of Titles: Opinion: Rep ort. § 29121. Withdrawal of Application.

n Land or Administer Upon Estate. § 29119. Examiner of Titles: Appointment: Qualifica tions: Compensation. § 29120. Duties of Examiner of Titles: Opinion: Rep ort. § 29121. Withdrawal of Application. § 29122. Death or Disability of Applicant: Transfer of Interest. § 29123. Duties of Registrar Upon Filing Decree. § 29124. Certificate of Title. § 29125. Form of Certificate § 29126. Certificate Where Tenants in Common. § 29127. Issuance of Single Certificates or Several Certificates. § 29128. Duplicate Certificates on Loss or Destruct ion of Original. § 29129. Mistake: Correction. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 2 § 29130. Register of Titles: Entries. § 29131 Receipt for Duplicate Certificate. § 29132. First Registration. § 29133. Registration When Land Transferred. § 29134. Action Against Registration By Person Aggr ieved. § 29135. Title of Registered Owner Subject to What Estates Only. § 29136. Title Not Acquirable by Adverse Possession . § 29137. Transferee of Registered Land Not Required to Inquire or Affected With Notice. § 29138. Remedies of Defrauded Party. § 29139. Effect of Registration Where Deed Void or Executed by Person Under Disability.

feree of Registered Land Not Required to Inquire or Affected With Notice. § 29138. Remedies of Defrauded Party. § 29139. Effect of Registration Where Deed Void or Executed by Person Under Disability. § 29140. Unregistered Title Does not Prevail Agains t Title of Registered Owner. § 29141. Certificate of Title of Registered Owner C onclusive. § 29142. Conclusiveness of Certificate in Actions o f Ejectment or Partitions or Possession. § 29143. Register of land Conclusive as Evidence. § 29144. Registrar to Carry Forward Memorial Until Cancelled. § 29145. Dealings with and Charges Upon Land Subseq uent to Registration Subject to Law. § 29146. Limitation of Action Relating to Land. § 29147. Petition by Executor or Administrator to R egister Land Belonging to Estate. § 29148. Duty of Registrar Where Instrument Affecti ng Registered Land Offered For Filing. § 29149. Transfer by Registered Owner. § 29150. Issuance of New Certificate Where Only Par t of Land Transferred. § 29151. Instrument Filed with Registrar to be Reta ined: Copies. § 29152. Certified Copies of Original Instruments a s Evidence. § 29153. Forms of Deeds, Mortgages, Leases and Othe r Instruments. § 29154.

1. Instrument Filed with Registrar to be Reta ined: Copies. § 29152. Certified Copies of Original Instruments a s Evidence. § 29153. Forms of Deeds, Mortgages, Leases and Othe r Instruments. § 29154. Name, Residence and Address of Grantee on Instrument Presented for Registration: Service of Notices and Process on Person Interested. § 29155. Instrument Purporting to Transfer, Lease o r Encumber Registered Land: Effect of Filing. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 3 § 29156. Registration of Transfer Where Land Sold F or Tax or Assessment. § 29157. Consent of Both Spouses on Transfer or Enc umbrance of Registered Community Property. § 29158. Affidavit or Certificate Where Transferee is a Married Person or an Executor, Administrator, Assignee or Trustee. § 29159. Instrument Creating a Lien or Charge Upon Registered Land: Effect. § 29160. Instruments Intended to Create Charges Upo n Land: New Certificates. § 29161. Proceedings Where Instrument Creating Char ge on Land in Duplicate, Triplicate, or More Parts. § 29162. Authority of Registrar Where Instrument No t Executed in Sufficient Number of Parts. § 29163.

. Proceedings Where Instrument Creating Char ge on Land in Duplicate, Triplicate, or More Parts. § 29162. Authority of Registrar Where Instrument No t Executed in Sufficient Number of Parts. § 29163. Proceedings Where Holder of Charge on Land Desires to Transfer or Assign Same. § 29164. Release, Discharge, or Surrender of Charge on Land or Part Thereof. § 29165. Enforcement of Charges Upon Land: Foreclos ure, Release or Satisfaction of Mortgages. § 29166. Conveying a Charge, or Dealing With Land b y Attorney in Fact. § 29167. Transfer of Charge Upon Land in Trust or U pon Any Condition or Limitation. § 29168. Power of Trustee in Instrument Containing Words With Power of Sale. [Repealed.] § 29169. Power of Trustee Under Instrument Not Cont aining Words With Power of Sale. [Repealed.] § 29170. Power of Trustee Under Will Admitted to Pr obate. § 29171. Change in Status of Registered Land By Rea son of Pendency of Probate, Insolvency, or Equity Proceedings. § 29172. Order of Court in Making Change in Status of Registered Land. § 29173. Duty of Executor, Assignee, Receiver, or O ther Person Acting Under Direction of Court. § 29174.

or Equity Proceedings. § 29172. Order of Court in Making Change in Status of Registered Land. § 29173. Duty of Executor, Assignee, Receiver, or O ther Person Acting Under Direction of Court. § 29174. Sales by Executors, Trustees in Bankruptcy , or Assignees in Insolvency. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 4 § 29175. Proceedings Where Testator Has by Will Pro vided that Executor Shall Have Power of Sale. § 29176. Certificate of Title or Memorial Conclusiv e. § 29177. Proceedings on Sale of Registered Land for Taxes or Assessments. § 29178. Tax Deed: Registration Effect: Application for Decree Showing Title. § 29179. Same: Notification of Persons Interested o n Application for Deed and Proceedings on. § 29180. Hearing and Decree Showing Condition of Ti tle: Issuance of Certificate. § 29181. Service of Notice Required by § 29179: Pro of of Service and Publication. § 29182. Redemption from Tax Sale: Cancellation of Memorial of Sale. § 29183. Proof in Proceedings for Partition of Regi stered Land. § 29184. Proceedings on Confirmation of Report of R eferees Setting Off Registered Land in Partition Proceeding s. § 29185.

l of Sale. § 29183. Proof in Proceedings for Partition of Regi stered Land. § 29184. Proceedings on Confirmation of Report of R eferees Setting Off Registered Land in Partition Proceeding s. § 29185. Proceedings Where Court Orders Sale of Lan d in Proceedings for Partition. § 29186. Mortgage or Encumbrance by Tenant in Commo n Where Interest Set Off in Severalty. § 29187. Proceedings Where Registered Land Sold Und er Execution or Order. § 29188. Action Affecting Registered Land Not Notic e Until Notice of Pendency Filed with Registrar. § 29189. Proceedings Where Action Affecting Registe red Land Dismissed or Otherwise Disposed of. § 29190 Judgment Not a Lien Upon Registered Land Un til Certified Copy Filed with Registrar. § 29191. Certificate to be Filed with Registrar Whe re Land Levied Upon. § 29192. Lien Does not Affect Title to Registered l and Until memorial Entered. § 29193. Certificate of Dismissal or Other Disposit ion of Action Authorizes Registrar to Cancel Memorial. § 29194. Corrections, Alterations, or Erasures: How Only Made. § 29195. Proceedings on Termination of Registered I nterests: Costs. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 5 § 29196.

Corrections, Alterations, or Erasures: How Only Made. § 29195. Proceedings on Termination of Registered I nterests: Costs. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 5 § 29196. Reference to Court Where Registrar in Doub t or Parties Fail to Agree. § 29197. Fees for Services. § 29198. Exercise of Right of Eminent Domain. § 29199. Action for Partition by Owner of Undivided Interest. § 29200. Rights and Remedies of Defrauded Person. § 29201. Clerk to Notify Registrar in Case of Appea l. § 29202. How Documents Relating to Registered Lands to be Prepared. § 29203. Deputies: Appointment, Number, Duties, and Compensation. § 29204. Rules and Regulations: Documents Sent by M ail. § 29205. Chapter to be Liberally Construed. § 29206. Jurisdiction of Island Court Confirmed: Va lidity of Prior Decrees. § 29101. Titles to Real Estate. A system for registering titles to real estate is h ereby 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. § 29102. Registrar of Titles.

is h ereby 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. § 29102. Registrar of Titles. 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 authoriz ed to designate one or more employees of the Department o f Land Management as deputy registrars of titles. SOURCE: CC '1157.1. § 29103. Deputies May Perform Duties of Registrar. Deputies of the registrar of titles may perform an y and all duties of the registrar, in the name of the registr ar, and the acts of such deputies shall be held to be the acts of the r egistrar. SOURCE: CC '1157.2. § 29104. Deputies Prohibited From Practicing Law. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 6 Deputy registrars are prohibited from practicing la w, or acting as attorneys or counselors at law, or having as a partner a lawyer or anyone who acts as such, or from acting a s searchers of title under this Law. SOURCE: CC '1157.3. § 29105. Land Brought Under the Law by Filing Petit ion: Contents, etc.

ing as a partner a lawyer or anyone who acts as such, or from acting a s searchers of title under this Law. SOURCE: CC '1157.3. § 29105. Land Brought Under the Law by Filing Petit ion: Contents, etc. All land may be brought under the operation of this Law by the owner or owners of any estate or interest there in, whether legal or equitable (other than an individual share or an easement) by filing with the clerk of the court his or her or th eir verified petition to the Superior Court of Guam, which petition shall set forth the following facts, to wit: Contents of Petition. The full name, occupation, re sidence, and post office address of the applicant or applica nts, and where any applicant appears by any representative because of any disability, also the full name, occupation, residen ce, and post office address of the person so representing the ap plicant and the reason for his so acting; if the application is by a corporation, its name, when and where incorporated, its principal pl ace of business, and the names and post office addresses o f its president and secretary, and if a foreign corporation, the na me and address of the resident agent shall be included in addition to

pl ace of business, and the names and post office addresses o f its president and secretary, and if a foreign corporation, the na me and address of the resident agent shall be included in addition to the other requirements; whether or not the applicant is marri ed, and if married, the full name and residence of the husband or wife; and if unmarried, whether he or she has been married, a nd if so, how the marriage relation terminated, and if the marria ge relation terminated by annulment or divorce, where and by wh at court; that each of the applicants is not less than eighteen (1 8) years of age and free from any disability, or if a minor or unde r disability his age and nature of such disability, and if a guardia n has been appointed the name and address of the guardian and when and by what court appointed, a description of the land, th e value at which the land and permanent improvements, if any, were a ssessed on the last assessment for taxation. If the application is by more than one (1) person, any one of whom claims titles in severalty to any part of the land described in the petition, the particular part of the land to which petitioner COL10/29/202121 GCA REAL PROPERTY CH.

one (1) person, any one of whom claims titles in severalty to any part of the land described in the petition, the particular part of the land to which petitioner COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 7 severally claims title; a statement of the estate o r interest which each applicant has or claims and whether or not the same is community property or is subject to a homestead or to any easement, lien or encumbrance and if so the name an d the post office address, if known, of each holder thereof, t he nature and the amount of the same, and if recorded, the book and p age of the record; a statement of whether or not the land is o ccupied and if so, the full name and post office address of each o ccupant, and what interest he has or claims; a statement describ ing the claim of any other person who has any estate or remainder, r eversion or expectancy, with the names and post office addresse s, if known, of every such person, together with the names and p ost office addresses of all the owners of the adjoining lands, so far as the same can be ascertained upon diligent inquiry.

e addresse s, if known, of every such person, together with the names and p ost office addresses of all the owners of the adjoining lands, so far as the same can be ascertained upon diligent inquiry. If t he application is by a husband or wife and the property is communi ty property or is subject to a homestead, both spouses must join i n the application; persons who collectively claim to own the entire legal estate in fee simple to the whole or any part of th e land may join in the petition; a corporation may petition by its duly authorized agent; the estate of a deceased person by the admin istrator or executor and a minor or other person under disabili ty by his legal appointed guardian, but the person in whose behalf the application is made shall be named as applicant. SOURCE: CC '1157.4 as amended by P.L. 14-91:1. AIsland @ changed to Superior Court of Guam by Compiler pursuant to P.L. 12-85. § 29106. Reference to Map or Plat, etc. 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 su ch a manner that it can be identified thereon by referen ce, the

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 su ch a manner that it can be identified thereon by referen ce, the application may refer to such map. In all cases whe re said land cannot be identified by reference to such map or wh ere no such map is on file in the Department of Land Management a plat or plan or survey of the land made by a surveyor must accompany the application. Such survey must show the boundari es of the land its relation to adjoining lands and streets and any encroachments, if any. The court may, in any case, before decree, require a survey to be made for purpose of determining exact boundar ies. If the application describes the land as bounded by a publ ic or private COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 8 way, it shall state whether or not the applicant cl aims any and what land within the limits of the way and whether the a pplicant desires to have the line of the way determined. Where applicant has been in possession more than fi ve years. If it appears by the petition that the applicant, e ither by himself or by himself and his predecessors in

he line of the way determined. Where applicant has been in possession more than fi ve years. If it appears by the petition that the applicant, e ither by himself or by himself and his predecessors in interest, has be en in the actual, exclusive, and adverse possession of, or any part o f, the land described, continuously for more than five (5) year s next preceding the filing of the petition claiming to ow n the same in fee against the world, and that he has or that he a nd his predecessors in interest have paid all taxes of eve ry kind legally levied or assessed against such property during sai d period, the petition must then also state the character of such possession and the applicant must prove the same to the satisfacti on of the court on the hearing. Each application must be accompanied by an abstract of title to all land which does not appear by said petition to have been adversely held as hereinabove provided; except that when the title to the land or any part of the land described has b een previously determined by a final decree of a court of competen t jurisdiction no abstract regarding the same need antedate such d ecree.

title to the land or any part of the land described has b een previously determined by a final decree of a court of competen t jurisdiction no abstract regarding the same need antedate such d ecree. When actual, exclusive, and adverse possession and payme nt of taxes is alleged but not proved to the satisfaction of the c ourt on the hearing, the court may require an abstract of title to be furnished which shall then be used in the same manner as if i t had been filed with the application. All abstracts herein referred to must be verified by the searcher making the same. Upon any petition hereunder being filed, the clerk of courts shall immediately endorse thereon the exact time of its presentation and shall enter the same in a book kep t for that purpose known as the land register docket. SOURCE: CC '1157.5. § 29107. Registering of Estates Less Than Fee Simpl e: Estates Subject to Lien or Charge. No mortgage, lien, charge, or lesser estate than fe e simple shall be registered unless the fee simple to the sa me land is first registered. It shall not be an objection to bringin g land under this COL10/29/202121 GCA REAL PROPERTY CH.

state than fe e simple shall be registered unless the fee simple to the sa me land is first registered. It shall not be an objection to bringin g land under this COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 9 Law, that the estate or interest of the applicant i s subject to any outstanding lesser estate, mortgage, lien, or charg e; but every such lesser estate, mortgage, lien, or charge shall be n oted upon the certificate of title and the duplicate thereof, and the title or interest certified shall be subject only to such estates, mo rtgages, liens, and charges as are so noted, except as herein provi ded. SOURCE: CC '1157.6. § 29108. Registering of Title Through Sale For Tax or Assessment. No title derived through sale for any tax or assess ment shall be entitled to be first registered unless it appear s to the satisfaction of the court upon the hearing of the application th at the period of redemption [as provided by '1132(a) of the Civil Code of Guam] has expired. SOURCE: CC '1157.7. NOTE: Subsection 1132(a) referred to above does not now exist. It does not appear in the 1953 or 1970 Eds. of the Civil Co des of Guam.

(a) of the Civil Code of Guam] has expired. SOURCE: CC '1157.7. NOTE: Subsection 1132(a) referred to above does not now exist. It does not appear in the 1953 or 1970 Eds. of the Civil Co des of Guam. There was such a subsection included in Division Second, Part IV of the U.S. Naval Government's Civil Code of Guam (1947) and the reference may have been inadvertently carried over from that edit ion. § 29109. Amendment of Application. The application may be amended only by petition ver ified as in the case of the original. Such amendment may be ordered by the court on its own motion or upon the motion of a ny person interested in the proceedings. SOURCE: CC '1157.8. § 29110. Notice of Lis Pendens. The filing of the application in the office of the clerk of the court, together with the recording of a certified c opy thereof in the Department of Land Management shall constitute noti ce to all subsequent purchasers or encumbrancers of the land described in the application. SOURCE: CC '1157.9. § 29111. Examination of Abstract by Examiner of Tit les. The court shall, in its discretion, where one or mo re abstracts are presented with the petition, itself examine the m, or refer the

'1157.9. § 29111. Examination of Abstract by Examiner of Tit les. The court shall, in its discretion, where one or mo re abstracts are presented with the petition, itself examine the m, or refer the COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 10 same as provided in § 29119 of this Law. It if shal l appear to the court from an examination of the abstract or abstra cts or from the report of the Examiner of Titles or from the petiti on where no abstracts are required, that the title to the land described in the application appears to be substantially as alleged, the court shall order notice to be given as provided in this Law. SOURCE: CC '1157.10. § 29112. Notice of Petition; Service; Objection or Assent to Application. When the court shall order notice given a notice be issued, under the seal of the court, which shall contain th e name of the court, the name or names of the application, or app licants and a particular description of the land involved, which notice shall be directed to all parties appearing by the petition o r the petition and abstract or by the report of the Examiner of Titles if any, to have any interest in the land or any part thereof and wh

shall be directed to all parties appearing by the petition o r the petition and abstract or by the report of the Examiner of Titles if any, to have any interest in the land or any part thereof and wh ich notice shall contain a statement that the petition has been file d by the applicant or applicants for the registration of the title to the land described therein as provided by this Act and praying for a d ecree declaring the applicant or applicants to be the owner or owne rs in fee of such land in accordance with the prayer of said petition and which notice shall direct all whom it may concern to appe ar and answer said petition within ten (10) days after personal s ervice, and that otherwise the court will grant said petition and di rect registration of the title to land in accordance with this Act, a nd that said person or persons so served will be forever barred from di sputing the same. Service of Petition. When the notice is issued, ser vice thereof shall be made as follows: In all cases said notice shall be published in a newspaper published in the territory of Guam, said newspaper to be designated by the court, for four (4) success ive weeks; if the notice is published in

all cases said notice shall be published in a newspaper published in the territory of Guam, said newspaper to be designated by the court, for four (4) success ive weeks; if the notice is published in a daily newspaper, publicati on therein once a week for four (4) successive weeks shall be suffi cient. The notice appearing in a daily newspaper shall be prin ted in a typeface no smaller than eight (8) points. In all c ases said notice shall be posted in Agana and posted in at least thr ee (3) places in the district in which the land is located, for such length of time and at such places as may be designated by the court. A ll parties who COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 11 have not joined in the petition or assented thereto in writing, and who appear by the petition, or petition and abstrac t, or report of the examiner of titles to be interested in the fee, all occupants named in the petition and the husband and wife of t he applicant, if married, shall be personally served with a copy of the notice, attached to a copy of the petition if they reside i n Guam and can, with reasonable diligence, be found and served ther ein.

plicant, if married, shall be personally served with a copy of the notice, attached to a copy of the petition if they reside i n Guam and can, with reasonable diligence, be found and served ther ein. All owners of adjoining lands who have not given their written consent to the hearing of the petition and who reside in Guam and can, with reasonable diligence, be found and served therein, shall be served with a copy of said notice, without a copy of said petition, personally; provided, that for all applications fil ed on and after May 1, 1950, the notice as hereinbefore described n eed not be published in full but it shall be sufficient public ation if there is published the following information: the name of th e Court in which the application is filed, the name or names o f the applicant or applicants, the lot number and municipality of t he property to be registered, the civil case number assigned to th e application, and a statement referring interested persons to the clerk of the court for further particulars and for an examinatio n of the notice in full. Service of Notice by Mail.

assigned to th e application, and a statement referring interested persons to the clerk of the court for further particulars and for an examinatio n of the notice in full. Service of Notice by Mail. As to all persons who ha ve not joined in the petition or who have not in writing a ssented to the hearing thereof, who do not reside in Guam or who c annot, with reasonable diligence, be found and served therein a copy of such notice, without a copy of the petition shall, withi n thirty (30) days after the first publication of such notice, be sent to such party at his last known place of residence, by mail, postage prepaid and if his last known place or residence cannot be, with r easonable diligence, ascertained, then such notice shall be m ailed to him in care of the clerk of the Superior Court of Guam; pr ovided, however, that as to all such persons so to be serve d by mail who appear by the petition, or petition and abstract, o r report of the examiner of titles to be interested in the fee, a c opy of the petition shall be attached to the copy of the notice mailed to them as herein provided: provided, further that no copy of abstrac t, order, or map need be served with any

d in the fee, a c opy of the petition shall be attached to the copy of the notice mailed to them as herein provided: provided, further that no copy of abstrac t, order, or map need be served with any notice. All persons who claim an interest may appear and ob ject to the granting of the application and if such objecti on is sustained COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 12 the cost of the same shall be paid by the applicati on; if not, by the person so objecting. The time for appearance shall be ten (10) days after personal service within Guam, thirty (30) day s after personal service out of Guam; all person not required by thi s Section to be served personally shall have sixty (60) days after the first publication of such notice within which to appear. All persons having or claiming any interest in the land or any part thereof may assent in writing to the registrat ion thereof, and the person thus assenting need not be named as a de fendant in the registration proceeding, or, if already named as a defendant need not be served with notice therein. Such assent shal l be executed and acknowledged in the manner now required by law for the execution and

tration proceeding, or, if already named as a defendant need not be served with notice therein. Such assent shal l be executed and acknowledged in the manner now required by law for the execution and acknowledgment of a deed and shall be filed with the clerk of the court. SOURCE: CC '1157.11. Reference changed from District to Superior Court pursuant to P.L. 12-85. Amended by P.L. 18-36 :2. § 29113. Appointment of Guardian. Upon the petition of the applicant or any person in terested in the proceedings, the court shall appoint a disinter ested person to act as guardian ad litem for minors and other perso ns under disability and for all persons not in being who may appear to have any interest in or lien upon the land. SOURCE: CC '1157.12. § 29114. Lines of Public Ways: Lands Bordering Navi gable Streams. If the petition prays to have the line of any publi c way determined, notice shall be given to the Attorney G eneral 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 i f it otherwise appears from the application or the proceedings tha t the United States of America or the government of Guam may hav e a

and borders on a navigable stream or on an arm of the sea, or i f it otherwise appears from the application or the proceedings tha t the United States of America or the government of Guam may hav e a claim adverse to that of the applicant, notice shall be g iven in the same manner to the Attorney General of Guam. The court m ay also cause such other or further notice of the applicati on to be given as it may deem necessary and proper. SOURCE: CC '1157.12. § 29115. Hearing of Petition. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 13 After the notice required to be given by this Law h as been given and the time for all persons to appear has ex pired, the court shall set the petition down for hearing upon notice to all persons who have appeared as is required in other civil act ions and shall proceed to determine the title to all the land desc ribed in the petition and of all persons who may have any intere st therein or in any part thereof and whether or not the title to, o r any part of, the land is held in any special capacity and after due hearing shall make, give, and enter a decree confirming the title of the person found to be the owner whether he be the

tle to, o r any part of, the land is held in any special capacity and after due hearing shall make, give, and enter a decree confirming the title of the person found to be the owner whether he be the applicant o r any other person who may, in the proceeding, ask to have his title registered and shall order the registration of all such land. SOURCE: CC '1157.13. § 29116. Recitals in Decree: Filing of Decree: Appe als. Every decree shall state whether or not the owner o f the land directed to be registered is married or unmarried a nd, 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 pe rson acting for him and the source of his authority, and if a minor, it shall state his age and in whose custody his estate then is; it shall a lso contain an accurate description of the land to which the court shall determine title and shall set forth the estate of the owner a nd also, in such a manner as to show their relative priority, all part icular estates, mortgages, easements, liens, attachments, and other encumbrances, including the rights of a husband or wife, if any, to which the land or owner's estate therein

ive priority, all part icular estates, mortgages, easements, liens, attachments, and other encumbrances, including the rights of a husband or wife, if any, to which the land or owner's estate therein is subj ect and may contain any other facts properly to be determined b y the court. The decree shall be stated in a form convenient for tra nscription upon the certificate of title and any lien or other char ge against the property, if recorded, shall be referred, to by boo k and page of the record. Filing of decree. The decree shall be filed with th e clerk and a certified copy thereof filed with the registrar, who shall thereupon issue a certificate of title to each pers on declared by said decree to be the owner of any parcel of land i n severalty and said registrar's act in filing said decree and issu ing said certificates shall have the effect of bringing said land under t he operation of this Law as herein provided as of the date of filin g of the petition. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 14 Said certificate shall contain a description of the property registered and shall also show the character of own ership and whether or not the land is

REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 14 Said certificate shall contain a description of the property registered and shall also show the character of own ership and whether or not the land is separate or community pr operty, and if community property the names of both husband and wi fe, the nature, amount, and order of the liens and encumbra nces and other charges against the same and any other interest or condition which shall be found to exist by the decree. Appeals. Any party aggrieved by such decree may app eal therefrom in the manner now or hereafter provided b y law for appeals in civil actions. SOURCE: CC '1157.14. § 29117. Decree in Rem: Effect. A decree of the court ordering registration shall b e in the nature of a decree in rem, shall forever quiet the title to the land therein ordered registered and shall be final and c onclusive as against the rights of all persons, known and unknow n, to assert any estate, interest, claim, lien, or demand of any kind or nature whatsoever, against the land so ordered registered or any part thereof, except only as in this Law provided. SOURCE: CC '1157.15. § 29118.

tate, interest, claim, lien, or demand of any kind or nature whatsoever, against the land so ordered registered or any part thereof, except only as in this Law provided. SOURCE: CC '1157.15. § 29118. Decree in Proceedings to Establish Title, Partition 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 estate of a deceased person where the estate consists in whole or in part of land, any decree rendered in any such proceeding qu ieting or establishing the title to any land or partitioning or distributing land may order such land registered under this Law and w hen, the application for notice, in such proceeding, the fac ts required to be set forth by § 29105 and § 29106 of this Code are a lleged. SOURCE: CC '1157.16. Island changed to Superior Court pursuant to P.L. 12-85. § 29119. Examiner of Titles: Appointment: Qualifica tions: Compensation. COL10/29/202121 GCA REAL PROPERTY CH.

a lleged. SOURCE: CC '1157.16. Island changed to Superior Court pursuant to P.L. 12-85. § 29119. Examiner of Titles: Appointment: Qualifica tions: Compensation. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 15 Upon the filing of the petition or thereafter the c ourt may, in its discretion, appoint an Examiner of Titles to wh om any abstract or abstracts may be referred for examination. Such Examiner of Titles shall be an attorney in good standing, skill ed in the examination of titles. The compensation of such exa miner shall be agreed upon between the applicant or other parties and the Examiner or if not agreed upon shall be fixed by th e court and such compensation shall be paid by the person or pe rsons in whose favor registration is granted as a part of the cost of the proceedings. More than one Examiner may be appointe d if desired. SOURCE: CC '1157.17. § 29120. Duties of Examiner of Titles: Opinion: Rep ort. Whenever an Examiner of Titles is appointed and any abstract is referred to him for examination, he sha ll proceed to examine into the title of land described in the app lication and shall investigate all facts pertaining to the title which shall be

y abstract is referred to him for examination, he sha ll proceed to examine into the title of land described in the app lication and shall investigate all facts pertaining to the title which shall be brought to his notice and shall file a written report with the court, together with a certificate of his opinion upon the title. T he court shall not be bound by any report of such Examiner, but may re quired other or further proof. SOURCE: CC '1157.18. § 29121. Withdrawal of Application. 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 a t any time prior to the final decree and upon the written request of such applicant and the order of the court, the clerk shall return to the applicant all abstracts of titles, deeds, and other instruments, except depositions or affidavits deposited by him for the purpose of s upporting his application. SOURCE: CC '1157.19. § 29122. Death or Disability of Applicant: Transfer or Interest. In case of death or any disability of the applicant , or any party to the action, the court, on motion may allow the p roceeding to be continued by

h or Disability of Applicant: Transfer or Interest. In case of death or any disability of the applicant , or any party to the action, the court, on motion may allow the p roceeding to be continued by or against his representative or succe ssor in interest. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 16 In case of any other transfer of interest the proce eding may be continued in the name of the original applicant, or the court may allow the person to whom the transfer is made to be substituted in the proceeding. SOURCE: CC '1157.20. § 29123. Duties of Registrar Upon Filing Decree. Immediately upon the filing with the registrar of t he certified copy of the decree ordering registration, he shall proceed to register the title in accordance with the direction s of the decree and issue a certificate or certificates of title in the manner therein directed and the registrar shall also immediately m ake an entry in book kept for that purpose showing the name of the person to whom the certificate was issued, its number, the da y, hour, and minute of its issuance, the name of those persons t o whom the duplicate certificate was delivered and the book an d page where

son to whom the certificate was issued, its number, the da y, hour, and minute of its issuance, the name of those persons t o whom the duplicate certificate was delivered and the book an d page where the original certificate is entered or recorded. SOURCE: CC '1157.21. § 29124. Certificate of Title. Every first and subsequent certificate of title sha ll be in duplicate and numbered consecutively and bear date the year, month, day, hour, and minute of its issue, and shal l be under the hand and official seal of the registrar. One copy o f said certificate shall be retained by the registrar and be known as the original, and the other shall be delivered to the owner, or the p erson acting for him and be known as the duplicate. The certificate shall state whether the owner, except in the case of a corporat ion, executor, administrator, assignee, or other trustee, is marri ed or not married, and, if married, the name of the husband or wife. I f the owner is a minor, it shall state his age; if under any other d isability, the nature of the disability. If issued to an executor or admi nistrator, the certificate shall show the name of the deceased tes tator, testatrix, or intestate; if to

if under any other d isability, the nature of the disability. If issued to an executor or admi nistrator, the certificate shall show the name of the deceased tes tator, testatrix, or intestate; if to an assignee in insolvency, the name of the insolvent. The registrar shall note at the end of t he certificate, original and duplicate, in such a manner as to show and preserve their priorities, the particulars of all estates, m ortgages, liens, encumbrances, and charges to which the owner's titl e is subject. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 17 SOURCE: CC '1157.22. § 29125. Form of Certificate. No particular form of certificate of title is requi red, but the same may be, subject to such changes as the case ma y 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 administrator, give the name of the deceased; if a minor give his age; if under other disability, state its nature], married to [name of husband or wife, or if not married so state], is the owner of an estate in fee simple [or as the case may be] in the following land [insert description

ability, state its nature], married to [name of husband or wife, or if not married so state], is the owner of an estate in fee simple [or as the case may be] in the following land [insert description contained in the decree]. Subject, however, to the estates, easements, liens, encumbrances and charges hereunder noted [in case of trust, condition, or limitation, say in trust, or u pon condition , or with limitation, as the case may be]. 1. Mortgage to.........for the sum of $.......... dated.............payable ............a fter date, with interest at...........percent per ...... ....., interest payable .................... 2. Mechanics' lien in favor of X. Y. for $............ filed ............. 3. Assessment for improvement of..... ...................... street, amount $............ .. due ............. [Any other encumbrances or charges.] In witness whereof, I have hereunto set my hand and cause my official seal to be affixed, this.............day of .................. ............ SEAL Registrar of Titles in and for the Territory of Guam. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 18 SOURCE: CC '1157.23. § 29126. Certificate Where Tenants in Common.

..... SEAL Registrar of Titles in and for the Territory of Guam. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 18 SOURCE: CC '1157.23. § 29126. Certificate Where Tenants in Common. In all cases where two (2) or more persons are enti tled as tenants in common to an estate in registered land, such persons may receive one certificate for the entirety, or ea ch may receive a separate certificate for his undivided share. SOURCE: CC '1157.24. § 29127. Issuance of Single Certificates or Several Certificates. Upon the application of any registered owner of lan d held under separate certificates of title, or under one certificate, and delivering up of such certificate or certificates o f title the registrar may issue to such owner a single certificate of tit le for the whole of such land, or several certificates each containi ng a portion of such land, in accordance with such application, and as far as the same may be done consistently with any regulations at the time being in force, respecting the certificates of land that may be included in one certificate of title; upon issuing of any such certificate of title said registrar shall endorse o n the last previous

being in force, respecting the certificates of land that may be included in one certificate of title; upon issuing of any such certificate of title said registrar shall endorse o n the last previous certificate of title of such lands so delivered up a memorial, setting forth the occasion of such cancellation, and referr ing to the volume and folium of the new certificates of title so issued. SOURCE: CC '1157.25. § 29128. Duplicate Certificates on Loss or Destruct ion of Original. In the event of a duplicate certificate of title be ing lost, mislaid, or destroyed, the owner may apply to the r egistrar for a certified copy of the original certificate of regis tration. If the registrar is satisfied that the applicant is the pe rson named in the original certificate on file in the registrar's off ice, and that the duplicate certificate has been lost, mislaid, or de stroyed, he shall issue a certified copy of the original certificate to the applicant with the memorials and notations appearing upon the register, and shall note upon the certified copy: Owner's certified copy , issued in place of lost (mislaid or destroyed, as the case may be) certificate, and such certified copy shall

aring upon the register, and shall note upon the certified copy: Owner's certified copy , issued in place of lost (mislaid or destroyed, as the case may be) certificate, and such certified copy shall stand in place of, and have like effect as, the missing duplicate certificate. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 19 A certified copy of the certificate of title may be issued by the registrar for use as evidence, upon the receipt by him of an order therefor made by the court: provided, that su ch certified copy shall have written or stamped across the face thereof the words for use as evidence only. The issuance of such certified copy and the purpose thereof shall also be noted up on the original certificate by the registrar. SOURCE: CC '1157.26. § 29129. Mistake: Correction. If an owner's name or description is incorrectly re gistered, or becomes changed (e.g., by marriage, adoption, divor ce, etc.), the registrar shall, if he is satisfied that the applic ant is the same person as that appearing in the original certificat e, and the production by the applicant of the duplicate certif icate, issue a new certificate, with such changes as the case may requ

t is the same person as that appearing in the original certificat e, and the production by the applicant of the duplicate certif icate, issue a new certificate, with such changes as the case may requ ire. SOURCE: CC '1157.27. § 29130. Register of Titles: Entries. 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. Eac h certificate with such blanks, shall constitute a separate foliu m of such book. All memorials and notations that may be entered upo n the register under the terms of this Law shall be entered upon t he folium constituted by the last certificate of title of the land to which they relate. Each certificate or certificate of title sh all be numbered the same as the folium of the register on which the reg istration of the title of which is a duplicate is entered. SOURCE: CC '1157.28. § 29131. Receipt for Duplicate Certificate. Before the delivery of any duplicate certificate of title, a receipt for it shall be required to be signed by th e owner.

is entered. SOURCE: CC '1157.28. § 29131. Receipt for Duplicate Certificate. Before the delivery of any duplicate certificate of title, a receipt for it shall be required to be signed by th e owner. Where such receipt is signed in the presence of the regis trar or a deputy, it shall be witnessed by such officer. If signed el sewhere, it shall be acknowledged before any officer authorized to ta ke acknowledgments of deeds. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 20 SOURCE: CC '1157.29. § 29132. First Registration. In every case of first registration of land or an e state or interest therein the same shall be deemed to be reg istered 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 found. SOURCE: CC '1157.30. § 29133. Registration When Land Transferred. Every transfer of registered land shall be deemed t o 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 consi dered as registered when the memorial or notation shall have been

certificate to the transferee shall have been marked as in the case of the first registration; and all other dealings shall be consi dered as registered when the memorial or notation shall have been entered in the register upon the folio constituted by the e xisting certificate of title of the land but, for the protection of the transferee or person claiming through any transfer or dealing, the regis tration shall relate back and be effective as of the time of fili ng the deed, instrument, or notice in the registrar's office pur suant to which the transfer, memorial, or notation is made. SOURCE: CC '1157.31 § 29134. Action Against Registration by Person Aggr ieved. Any person feeling himself aggrieved by the action of the registrar, or by his refusal to act in any manner p ertaining to the first registration of land, or any subsequent trans fer, or charge upon the same, or in failing or neglecting, or refu sing to file any instrument, or to enter or cancel any memorial or n otation, or to do any other things required of him by this Law, ma y file a complaint in the Superior Court making the registra r and other persons, whose interest may be affected, parties de fendant, and the

or to do any other things required of him by this Law, ma y file a complaint in the Superior Court making the registra r and other persons, whose interest may be affected, parties de fendant, and the court may proceed therein as in other cases, an d make such order or decree as shall be according to equity and the purport of this Law. A certified copy of such order or decree shall be presented to the registrar, who shall file the same and make such entry thereof as is by this Law required. SOURCE: CC '1157.32. Island changed to Superior Court pursuant to P.L. 12-85. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 21 § 29135. Title of Registered Owner Subject to What Estates Only. The registered owner of any estate or interest in l and obtaining a registered decree under this Law shall, except in case of fraud to which he is a party, or fraud of the pe rson through whom he claims without valuable consideration paid in good faith, hold the same subject only to such estates, mortgag es, liens, charges, and interests as may be noted in the last certificate of the title in the registrar's office and free from all o thers except: (a) Any subsisting lease or agreement

tates, mortgag es, liens, charges, and interests as may be noted in the last certificate of the title in the registrar's office and free from all o thers except: (a) Any subsisting lease or agreement for a lease f or a period not exceed one (1) year, where there is actual occu pation of the land under lease. The term lease shall include a verbal letting. (b) All land embraced in the description contained in the certificate which has theretofore been legally dedi cated as or declared by competent court to be a public highway. (c) Any subsisting right of way or other easement, created within one (1) year before issue of the certificate , upon, over, or in respect of the land. (d) Any tax or special assessment for which a sale of the land has not been had at the date of the certificate of title. (e) Such right of action or claim as is allowed by this Law. (f) Liens, claims, or rights arising under the laws of the United States, which the law of Guam cannot require to appear of record upon the register. SOURCE: CC '1157.33. NOTE: Wells v. Lizama (1968), 396 F.2d. 877. § 29136. Title Not Acquirable by Adverse Possession .

es, which the law of Guam cannot require to appear of record upon the register. SOURCE: CC '1157.33. NOTE: Wells v. Lizama (1968), 396 F.2d. 877. § 29136. Title Not Acquirable by Adverse Possession . After land has been registered, no title thereto ad verse or in derogation to the title of the registered owner sha ll be acquired by any length of possession. SOURCE: CC '1157.34. § 29137. Transferee of Registered Land Not Required to Inquire or Affected With Notice. Except in case of fraud, and except as herein other wise provided, no person taking a transfer of registered land, or any COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 22 estate or interest therein, or any charge upon the same, from the registered owner, shall be held to inquire into the circumstances under which, or the consideration for which, such o wner or any previous registered owner was registered, or be aff ected with notice, actual or constructive, of any unregistered trust, lien, claim, demand, or interest; and the knowledge that any unregistered trust, lien, claim, demand, or interes t is in existence shall not of itself be imputed as fraud. SOURCE: CC '1157.35. NOTE: Wells v.

aim, demand, or interest; and the knowledge that any unregistered trust, lien, claim, demand, or interes t is in existence shall not of itself be imputed as fraud. SOURCE: CC '1157.35. NOTE: Wells v. Lizama (1968), 396 F.2d. 877. § 29138. Remedies of Defrauded Party. In case of fraud, any person defrauded shall have a ll rights and remedies that he would have had if the land wer e not under the provisions of this Law: provided, that nothing contained in this section shall affect the title of a registered owne r who has taken bona fide for a valuable consideration or of any pe rson bona fide claiming through or under him. SOURCE: CC '1157.36. § 29139. Effect of Registration Where Deed Void or Executed by Person Under Disability. If a deed or other instrument is registered, which is forged, or executed by a person under legal disability, such r egistration shall be void: provided, that the title of a registered o wner, who has taken bona fide for a valuable consideration, shall not be affected by reason of his claiming title through someone, th e registration of whose right or interest was void, as provided in this section. SOURCE: CC '1157.37. § 29140.

consideration, shall not be affected by reason of his claiming title through someone, th e registration of whose right or interest was void, as provided in this section. SOURCE: CC '1157.37. § 29140. Unregistered Title does not Prevail Agains t Title of Registered Owner. No unregistered estate, interest, power, right, cla im, contract, or trust shall prevail against the title of a regis tered owner taking bona fide for a valuable consideration or of any pe rson bona fide claiming through or under him. SOURCE: CC '1157.38. § 29141. Certificate of Title of Registered Owner C onclusive. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 23 In any suit for specific performance by a registere d owner, against a person who may have contracted to purchas e such land, and there have been no fraud or other circumstance which, according to the provisions of this Law, would affe ct the title of the vendor, the certificate of title to such regist ered owner shall be held in every court to be conclusive evidence that such registered owner has a good and valid title to the land, and f or the estate or interest therein mentioned or described. SOURCE: CC '1157.39. § 29142.

every court to be conclusive evidence that such registered owner has a good and valid title to the land, and f or the estate or interest therein mentioned or described. SOURCE: CC '1157.39. § 29142. Conclusiveness of Certificate of Actions o f Ejectment 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 evide nce, except as herein otherwise provided, that such registered own er has a good and valid title to the land, and for the estate or interest therein mentioned or described, and that such registered ow ner is entitled to the possession of said land. SOURCE: CC '1157.40. § 29143. Register of Land Conclusive as Evidence. The register of any land, and duly certified copies thereof, shall, except as herein otherwise provided, be rece ived 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 estate or interest therein specified. SOURCE: CC '1157.41. § 29144. Registrar to Carry Forward Memorial Until Cancelled.

vidence that the person named therein as owner is entitled to the land for the estate or interest therein specified. SOURCE: CC '1157.41. § 29144. Registrar to Carry Forward Memorial Until Cancelled. Whenever a memorial has been entered, as permitted by this Law, the registrar shall carry the same forward upo n all certificates of title until the same is cancelled i n some manner authorized by this Law. SOURCE: CC '1157.42. § 29145. Dealings With and Charges Upon Land Subseq uent to Registration Subject to Law. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 24 All dealings with land, or any estate or interest t herein, after the same has been brought under this Law, and all l iens and encumbrances and charges upon the same subsequent t o the first registration thereof, shall be deemed to be subject to the terms of this Law, and to such amendments and alterations as may hereafter be made. The bringing of land under this law shall imply an agreement which shall run with the land and the sam e shall be subject to the terms and provisions of this Law and of the amendments and alterations thereof. SOURCE: CC '1157.43. § 29146. Limitation of Action Relating to Land.

ith the land and the sam e shall be subject to the terms and provisions of this Law and of the amendments and alterations thereof. SOURCE: CC '1157.43. § 29146. Limitation of Action Relating to Land. No person shall commence any action at law or in eq uity for the recovery of land, or assert any interest or rig ht in or lien or demand upon the same, or make entry thereon adverse ly to the title of interest certified in the certificate of t itle bringing the land under the operation of this Law after one (1) year following the first registration, providing said first registrati on is not void for any of the reasons set forth in § 29139 of this Law . It shall not be an exception to this rule that the person entitled to bring the action or make the entry is deceased, an infant, lunatic, or is under any disability, but action may be brought by such perso n by his next friend or guardian or by the administrator or the e xecutor of a deceased person. It shall be the duty of the guardi an, if there is any, to bring action in the name of his ward whenev er it is necessary to preserve or enforce the ward's rights in registered land; provided, however, before such action shall p roceed, it

f there is any, to bring action in the name of his ward whenev er it is necessary to preserve or enforce the ward's rights in registered land; provided, however, before such action shall p roceed, it must be made to appear to the court that the person brin ging such action or those under whom he claims, had not actual notic e of the proceedings to register such lands in time to appea r and file this objections or assert his claim. The provisions of t his section shall in no way affect or disturb the rights of any perso n in said land acquired subsequent to the registration thereof, bo na fide and without knowledge and for a valuable consideration. SOURCE: CC '1157.44. NOTE: Sauget v. Villagomez (1955), 228 F.2nd. 374. § 29147. Petition by Executor or Administrator to R egister Land Belonging to Estate. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 25 In all estates of deceased person the administrator or executor may file a petition to the court in the probate pro ceedings, praying for the registration of all land belonging to the e state, setting forth the facts required to be set forth by § 29105 and § 29106 of this Law together with a description of all land,

edings, praying for the registration of all land belonging to the e state, setting forth the facts required to be set forth by § 29105 and § 29106 of this Law together with a description of all land, of whi ch the deceased died seized, which is sought to be registered. The court, by reason of its general jurisdiction in probate, shall have power and jurisdiction to do any and all thing s necessary to determine the title to the land and all adverse int erests therein to the same extent as the Superior Court has in indepe ndent proceedings under this Law. Upon the filing of such petition the court must direct notice of the filing of such peti tion to issue, as provided by this Law, and the administrator or exec utor shall publish and serve such notice upon all persons requ ired by this Law to be served and in the manner therein specifie d. Every decree of final or partial distribution of la nd sought to be registered wherein, upon the hearing of such pet ition, after said notice has been given, the court shall find the tit le to such land to be registered in the name of the distributee or dis tributees in fee simple or as their interests may appear, which decr ee shall be authority

n given, the court shall find the tit le to such land to be registered in the name of the distributee or dis tributees in fee simple or as their interests may appear, which decr ee shall be authority to the registrar to register the same and issue a certificate of registration to such distributee or distributees . SOURCE: CC '1157.45. Island changed to Superior Court pursuant to P.L. 12-85. § 29148. Duty of Registrar Where Instrument Affecti ng Registered Land Offered for Filing. Nothing in this Chapter shall be deemed to limit, m odify or invalidate any mechanic lien or mechanic lien right s afforded under Guam =s mechanic lien laws. Any instrument offered for filing with the registrar which affects registered land must have noted thereon a statement of the fact that said lan d is registered land, with the name of the registered owner and wit h the number or numbers of the certificate or certificates of th e last registration thereof; otherwise, none of such instruments shall be filed, nor shall the same affect the title for the whole or an y part of said land, nor will the same impart any notice to the register ed owner or to any person dealing with such land.

ents shall be filed, nor shall the same affect the title for the whole or an y part of said land, nor will the same impart any notice to the register ed owner or to any person dealing with such land. SOURCE: CC: '1157.46. Amended by P.L. 24-323:2. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 26 § 29149. Transfer By Registered Owner. 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 purpose. Upon filing such instrument of the registrar's office, and surrendering to the registr ar the duplicate certificate of title, the transfer shall be complet e and the title so transferred shall vest in the transferee; thereupon , the registrar shall issue in duplicate and register as hereinbefo re provided, a new certificate, certifying the title to the estate or interest in the land desired to be conveyed to be in the transferee , and shall note upon the original and duplicate certificates the da te of the transfer, the name of the transferee, and the

ate or interest in the land desired to be conveyed to be in the transferee , and shall note upon the original and duplicate certificates the da te of the transfer, the name of the transferee, and the volume and foli o in which the new certificate is registered, and shall stamp acro ss the original and duplicate the word cancelled, in whole or in part, as the case may be. SOURCE: CC '1157.47. § 29150. Issuance of New Certificate Where Only Par t of Land Transferred. When only part of the land described in a certifica te is transferred, a new certificate shall be issued to t he grantee for the part transferred to him and another one shall be is sued to the grantor for the part remaining in him. SOURCE: CC '1157.48. § 29151. Instrument Filed with Registrar to be Reta ined: Copies. All instruments, notices, and papers required or pe rmitted 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 the refrom except by a subpoena duces tecum issued to and served upon the registrar by a court of record; the registrar, on demand, and proper fee being tendered therefor, shall deliver to any person a co py or copies of such

poena duces tecum issued to and served upon the registrar by a court of record; the registrar, on demand, and proper fee being tendered therefor, shall deliver to any person a co py or copies of such an instrument, with all memoranda, memorials, and endorsements thereon, duly certified under his hand and seal of office. The registrar shall, however, upon all such copies, endorse COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 27 thereon in writing across the face thereof, in red ink, copy, no rights conveyed hereby. SOURCE: CC '1157.49. § 29152. Certified Copies of Original Instruments a s Evidence. Every copy of original instruments so certified as provided for in the last preceding section, shall be receive d 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. § 29153. Forms of Deeds, Mortgages, Leases, and Oth er Instruments. Such forms of deeds, mortgages, leases, and other instruments as are now or may hereafter be sufficie nt in law for the purpose intended, may be used in conveying regi stered land and any estate or interest therein. SOURCE: CC '1157.51.

s, and other instruments as are now or may hereafter be sufficie nt in law for the purpose intended, may be used in conveying regi stered land and any estate or interest therein. SOURCE: CC '1157.51. § 29154. Name, Residence, and Address of Grantee on Instrument Presented for Registration: Service of N otices and Process on Person Interested. Every deed or other voluntary instrument which is p resented for registration including the endorsement of a cer tificate of title, shall contain or have endorsed upon it, the full na me, residence and post office address of the grantee or other per son who acquires or claims an interest under such instrument. Any change in the residence or post office address of such person shall be endorsed by the registrar upon the original instrument, upon receiving a written statement of s uch change, duly acknowledged. Notices and processes issued in relation to registered land after original registration may be served upon any person in interest by mailing them to the address s o given, and shall be binding, whether he resides within or with out Guam. The certificate of the clerk that he has served such no tice shall be conclusive proof of such

mailing them to the address s o given, and shall be binding, whether he resides within or with out Guam. The certificate of the clerk that he has served such no tice shall be conclusive proof of such service; but the court may , in any case, order different or further service, by publication or otherwise. SOURCE: CC '1157.52. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 28 § 29155. Instrument Purporting to Transfer, Lease, or Encumber Registered Land: Effect of Filing. A deed, mortgage, lease, or other instrument purpor ting to convey, transfer, mortgage, lease, charge, or other wise deal with the registered land, or any estate or interest ther ein, or charge upon the same, other than a will or a lease not exceedin g one (1) year where the land is in the actual possession of the l essee or his assigns, shall take effect only by way of contract between the parties thereto, and as authority to register the t ransfer, mortgage, lease, charge, or other dealing upon compliance wit h the terms of this Law. On the filing of such instrument, the lan d, estate, interest, or charge shall become transferred, mortg aged, leased, charged, or dealt with according to the

compliance wit h the terms of this Law. On the filing of such instrument, the lan d, estate, interest, or charge shall become transferred, mortg aged, leased, charged, or dealt with according to the purport and terms of the deed, mortgage, lease, or other instrument. The reg istrar will immediately, upon the filing of such instrument, st amp or write upon the original and duplicate certificates of tit le the word transferred, mortgaged, leased, or otherwise, as the case may require with the date of filing such instrument and sign such endorsement. SOURCE: CC '1157.53. See Sauget v. Villagomez (1955), 228 F.2d. 374. § 29156. Registration of Transfer Where Land Sold F or Tax or Assessment. No transfer of title to land or any estate or inter est therein shall be registered if the last original certificat e shows that the land in such certificate described, or any part thereof has been sold for any tax or assessment, unless such transfer is inte nded to be subject to such tax sale, in which case it shall be so stated in the certificate issued upon such transfer and no transf er of any homestead which has not been theretofore released o r extinguished of record shall be made unless

which case it shall be so stated in the certificate issued upon such transfer and no transf er of any homestead which has not been theretofore released o r extinguished of record shall be made unless both sp ouses join therein. SOURCE: CC '1157.54. § 29157. Consent of Both Spouses on Transfer or Enc um- brance of Registered Community Property. Community property registered under this Law as suc h cannot be transferred, mortgage, encumbered, or oth erwise COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 29 disposed of by the registered owner thereof without the written consent of both spouses, which written consent shal l be recorded and filed with the registrar. SOURCE: CC '1157.55. § 29158. Affidavit or Certificate Where Transferee is a Married Person or an Executor, Administrator, Assig nee, or Trustee. The transferee shall furnish the registrar with an affidavit stating whether the transferee (except when the lat ter is a corporation, executor, administrator, or assignee) is married, or not married, and if married, the name of the husban d or wife, and whether or not the property is community property a nd the fact shall be recorded on the certificate of title

signee) is married, or not married, and if married, the name of the husban d or wife, and whether or not the property is community property a nd the fact shall be recorded on the certificate of title by th e registrar before the transfer is made on the register. If the transf eree be an executor or administrator, the certificate shall give the na me of the deceased testator or testatrix or intestate, and if the tran sferee be an assignee or trustee, the name of the insolvent or bankrupt. SOURCE: CC '1157.56. § 29159. Instrument Creating a Lien or Charge Upon Registered Land: Effect. Every mortgage, lease, contract to sell, or other i nstrument intended to create a lien, encumbrance, or charge u pon registered land, or any interest therein, shall be a charge th ereon immediately upon registration thereof. SOURCE: CC '1157.57. § 29160. Instruments Intended to Create Charges Upo n Land: New Certificates. On the filing in the registrar's office of an instr ument intended to create a charge on registered land and upon the production of the duplicate certificate of title, whenever it app ears from the original certificate of title that the person inten ding to create the charge has the

e on registered land and upon the production of the duplicate certificate of title, whenever it app ears from the original certificate of title that the person inten ding to create the charge has the title and right to create such charg e and the person in whose favor the same is sought to be created is entitled by the terms of this law to have the same registered, the registrar shall enter upon the original and duplicate certificates a memorial of the purport thereof, and the date of filing the instrum ent, with a reference thereto by its file number, which memoria l shall be COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 30 signed by the registrar. The registrar shall also n ote upon the instrument on file the number of the certificate of title where the memorial is entered. No new certificate of title sh all be entered and no memorandum shall be made upon any certificat e of title by the registrar in pursuance of any deed or other vol untary instrument, unless the owner's duplicate certificat e of title is presented with such instrument, except in cases exp ressly provided for in this Law, or upon the order of the court, for cause shown, and whenever such

the owner's duplicate certificat e of title is presented with such instrument, except in cases exp ressly provided for in this Law, or upon the order of the court, for cause shown, and whenever such order is made, a memorial thereof shall be entered upon the new certificate of title and on the owner's duplicate. The production of the owner's duplicate certificate, whenever a voluntary instrument is presented for re gistration, shall constitute authority from the registered owne r to the registrar to issue a new certificate or to make a memorial in accordance with such instrument and the new certificate or the memorial shall be binding upon the registered owner and upon all p ersons claiming under him in favor of every purchaser for value in good faith. SOURCE: CC '1157.58. § 29161. Proceedings Where Instrument Creating Char ge on Land in Duplicate, Triplicate, or More Parts. When any mortgage, lease or other instrument creati ng 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 registrar's off ice; but the registrar shall note upon the register whether

state or interest therein, is in duplicate, triplicate, or more parts , only one of the parts need be filed and kept in the registrar's off ice; but the registrar shall note upon the register whether the same is in duplicate, triplicate, or as the case may be, and s hall also mark upon the others mortgagee's duplicate, lessor's duplicate, lessee's duplicate, or as the case may be, and note upon the same the date of filing and the volume and folio of the register where the memorial is entered, and deliver them to the partie s entitled thereto. SOURCE: CC '1157.59. § 29162. Authority of Registrar Where Instrument no t 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 regis trar may make and deliver to each of the parties entitled thereto certified copies COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 31 of the instrument filed in his office, with the end orsements thereon, marking the same the same mortgagee's certified copy, lessor's certified copy , or as the case may be, and shall note upon the register the fact of issuing such copies.

ith the end orsements thereon, marking the same the same mortgagee's certified copy, lessor's certified copy , or as the case may be, and shall note upon the register the fact of issuing such copies. Such certified copies shall have the same force and effect and be treated as duplicates. SOURCE: CC '1157.60. § 29163. Proceedings Where Holder of Charge on Land Desires to Transfer or Assign Same. The holder of any charge upon registered land, whic h is otherwise legally transferable, desiring to transfe r the same or any part thereof, may execute an assignment of the whol e or any part thereof. The assignment of a part only must state w hether the part transferred is to be given priority, to be deferred or to rank equally, with the remaining part. Upon such assignment being filed in the office of the registrar and the production of the d uplicate or certified copy of the instrument creating the charg e held by the assignor, the registrar shall enter in the register opposite the charge a memorial of such transfer, and how it ranks with a reference to the assignment by its file number; he shall also no te upon the instrument on file in his office intended to be tra nsferred, and upon

memorial of such transfer, and how it ranks with a reference to the assignment by its file number; he shall also no te upon the instrument on file in his office intended to be tra nsferred, and upon the duplicate or certified copy thereof produced, t he volume and folio where the memorial is entered, with the date of the entry. The transferee shall be entitled to have a certifie d copy of the instrument or transfer, with the endorsement thereo n, and in case of the transfer of the entire charge, the duplicate or certified copy of the instrument creating the charge. SOURCE: CC '1157.61. § 29164. Release, Discharge, or Surrender of Charge on Land or Part Thereof. A release, discharge, or surrender of a charge, or any part thereof, to all or any part of the land charges, ma y be effected in the same way as above provided in the case of a tra nsfer. In case only a part of the charge of the land is intended t o be released, discharged, or surrendered, the entry shall be made accordingly; but when the whole is released, discharged, or surr endered at the same or several times, the registrar shall stamp ac ross the instrument on file, and the memorial thereof, and t he duplicate or

ly; but when the whole is released, discharged, or surr endered at the same or several times, the registrar shall stamp ac ross the instrument on file, and the memorial thereof, and t he duplicate or certified copy produced, the word cancelled. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 32 SOURCE: CC '1157.62. § 29165. Enforcement of Charges Upon Land: Foreclos ure, 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 allow ed by law, and all laws with reference to the foreclosures and release or satisfaction of mortgages shall apply to mortgages upon registered land, or any estate or interest therein, except as herein otherwise provided, and except that until notice of the pende ncy of any suit to enforce or foreclose such charge is filed in the registrar's office, and a memorial thereof entered on the register, the pendency of such suit shall not be notice to the registrar, or any person dealing with the land. SOURCE: CC '1157.63. § 29166. Conveying a Charge, or Dealing With Land b y Attorney in Fact.

ster, the pendency of such suit shall not be notice to the registrar, or any person dealing with the land. SOURCE: CC '1157.63. § 29166. Conveying a Charge, or Dealing With Land b y 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 upon the original and duplicate copies. If the attorney shall so desire, the registrar shall deliver to him a certified copy of the power of attorney, with the endorsements thereon. Revocation of a power may be registered in like manner. SOURCE: CC '1157.64. § 29167. Transfer or Charge Upon Land in Trust or U pon Any Condition or Limitation. Whenever a deed or other instrument is filed in the registrar's office for the purpose of effecting a transfer or c harge upon registered land, or any estate or interest therein, and it appears from such instruments that the transfer or charge i s to be in trust, or upon any condition or limitation therein express ed, the registrar shall note in the certificate, and the duplicate th ereof,

from such instruments that the transfer or charge i s to be in trust, or upon any condition or limitation therein express ed, the registrar shall note in the certificate, and the duplicate th ereof, the words in trust , or upon condition , or with limitations, as the case may be, but no entry need be made of the particulars of any such trust, conditions, or limitations. SOURCE: CC '1157.65. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 33 § 29168. Power of Trustee in Instrument Containing words 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 repe al 'shall not apply retroactively to instruments existing pri or to enactment of this Act.' Prior to its repeal by P.L. 36-044:2 (July 20, 2021 ), this provision stated: The trustee or transferee in any such instrument na med, if the instrument contains the words with power of sale, shall have power to deal with the land as the owner thereof; and a b ona fide purchaser, mortgagee, or lessee is not bound to inquire into o r determine whether or not the acts of such trustee are in acco rdance with the terms and

he land as the owner thereof; and a b ona fide purchaser, mortgagee, or lessee is not bound to inquire into o r determine whether or not the acts of such trustee are in acco rdance with the terms and conditions of the trust. When such power is conferred, the registrar shall note upon the certificate and dupli cate thereof the words with power of sale . § 29169. Power of Trustee Under Instrument Not Cont aining 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 repe al 'shall not apply retroactively to instruments existing pri or to enactment of this Act.' Prior to its repeal by P.L. 36-044:3 (July 20, 2021 ), this provision stated: If, however, such instrument does not contain the w ords with power of sale, such trustee shall have no power to sell or otherw ise deal with the land without an order of the court so to do, duly given and made, a certified copy of which order shall be filed with the registrar, and a memorial thereof entered upon the certificate of title, which shall be conclusive evidence as against all p ersons that the authority of such trustee was duly

shall be filed with the registrar, and a memorial thereof entered upon the certificate of title, which shall be conclusive evidence as against all p ersons that the authority of such trustee was duly exercised in acc ordance with the true intent and meaning of the trust, condition, or limitation. § 29170. Power of Trustee Under Will Admitted to Pr obate. A trustee under any will admitted to probate, unles s such power shall have been expressly withheld by the ter ms 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 '1157.68. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 34 § 29171. Change in Status of Registered Land by Rea son of pendency of Probate, Insolvency, or Equity Proceedi ngs. The distribution, transfer, leasing, mortgaging, or other change in the status of the title of registered lan d that is within the jurisdiction of the Superior Court by reason of pen dency of probate or insolvency proceedings shall be made und er the same conditions and limitations as now or hereafter prov ided by the law of Guam. SOURCE: CC '1157.69.

erior Court by reason of pen dency of probate or insolvency proceedings shall be made und er the same conditions and limitations as now or hereafter prov ided by the law of Guam. SOURCE: CC '1157.69. Island changed to Superior Court pursuant to P.L. 12-85. § 29172. Order of Court in Making Change in Status of Registered Land. The court in its order or decree making such distri bution, transfer, leasing, mortgaging, or other change in t he status of the title of registered land, shall direct the registra r to issue a certificate of title, or to note a memorial of tran saction, as the case may require, in accordance with such order or decre e. SOURCE: CC '1157.70. § 29173. Duty of Executor, Assignee, Receiver, or O ther Person Acting Under Direction of Court. The executor, administrator, assignee, receiver, or other person acting under the direction of said court, sh all file with the registrar a certified copy of such order or decree, also the deed, lease, mortgage, or other instrument executed in ac cordance with such order or decree, and also a certified copy of the order or decree confirming such sale, lease mortgage, or oth er transaction when such confirmation is required by

t executed in ac cordance with such order or decree, and also a certified copy of the order or decree confirming such sale, lease mortgage, or oth er transaction when such confirmation is required by law. SOURCE: CC '1157.71. § 29174. Sales by Executors, Trustees in Bankruptcy or 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 c an be issued to the purchaser, such sales shall be reported for con firmation to the court under whose authority such executor, administ rator, or COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 35 assignee is acting, and if confirmed a duly certifi ed copy of the order of confirmation shall be filed in the office of the registrar, and a memorial thereof entered upon certificate of title. Upon the filing of the certified copy of confirmation and en try of such memorial, the registrar shall issue a certificate t o the purchaser at such sale, which certificate, in addition to the us ual contents thereof, shall refer to the said order of

on and en try of such memorial, the registrar shall issue a certificate t o the purchaser at such sale, which certificate, in addition to the us ual contents thereof, shall refer to the said order of confirmat ion. Such order of confirmation shall be conclusive evidence that the sale was in all respects conducted in accordance with the law, and the purchaser shall not be bound to inquire into the regularity o f the proceedings, or power to make such sale. SOURCE: CC '1157.72. § 29175. Proceeding Where Testator Has by Will Prov ided That Executor Shall Have Power of Sale. If a testator, by his will, has provided that the e xecutor thereof shall have power of sale of real estate, th e court shall direct the registrar to register the words with power of sale, in respect the land of the deceased, and such executor shall have power to sell such land without an order of the court so to do, b ut such sales must be confirmed by the court in the manner now or hereafter provided by law and a duly certified copy of the or der of such confirmation shall be filed with the registrar befo re any certificate of title can be issued to the purchaser of such lan d. SOURCE: CC '1157.73. § 29176.

a duly certified copy of the or der of such confirmation shall be filed with the registrar befo re any certificate of title can be issued to the purchaser of such lan d. SOURCE: CC '1157.73. § 29176. Certificate of Title or Memorial Conclusiv e. Upon the filing of such confirmation with the regis trar the latter shall issue the certificate of title, or not e the memorial as the case may require; and such certificate of title or memorial noted shall be conclusive evidence in favor of all person s thereafter depending thereon in good faith. SOURCE: CC '1157.74. § 29177. Proceedings on Sale of Registered Land for Taxes or Assessments. A purchaser of registered land sold for any tax or assessment, shall, within five (5) days after such purchase, fi le in the office of the registrar a written notice of such purchase, th ereupon the registrar shall enter a memorial thereof upon the c ertificate of title, COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 36 and shall mail to each person named in the certific ate, and in the memorials thereon, a copy of said notice. Unless su ch notice is filed as herein provided, the land shall be forever released from the effect of such

each person named in the certific ate, and in the memorials thereon, a copy of said notice. Unless su ch notice is filed as herein provided, the land shall be forever released from the effect of such sale, and no deed shall be issue d in pursuance thereof. SOURCE: CC '1157.76. § 29178. Tax Deed: Registration: Effect: Applicatio n for 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 pr esented by the holder thereof to the registrar, who shall thereupo n enter upon the register a memorial of such deed; but such deed, un less the same shall have been issued to the government, shall hav e only the effect of an agreement for the transfer of the titl e, and before any certificate of title shall be issued for the land d escribed in such deed, the holder thereof must file with the clerk o f court an application for a decree showing the title to said land to be vested in him. SOURCE: CC '1157.76. § 29179. Same: Notification of Persons Interested o n Application for Deed and Proceedings on.

urt an application for a decree showing the title to said land to be vested in him. SOURCE: CC '1157.76. § 29179. Same: Notification of Persons Interested o n Application for Deed and Proceedings on. All persons appearing upon the register to be inter ested in said land, and also the person who appears by the t ax collector's books to have paid the tax or assessment last paid before the sale on which the deed is issued, shall be notified; and any person claiming any interest in the land may, upon the hea ring of such application, show, as cause why a certificate of ti tle should not issue to the holder of said deed, any fact that mig ht be shown in law or in equity on his behalf to set aside such ta x deed, and the applicant shall be required to show affirmatively t hat all the requirements of the statute to entitle him to a dee d have been complied with. SOURCE: CC '1157.77. § 29180. Hearing and Decree Showing Conditions of T itle: Issuance of Certificate. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 37 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

PROPERTY CH. 29 LAND TITLE REGISTRATION 37 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 certificate for a said land in accordance with the terms and co nditions of said decree. SOURCE: CC '1157.78. § 29181. Service of Notice Required by § 29179: Pro of of Service and Publication. The notice required by § 29179 shall be served upon persons interested in the manner provided in this Law for t he service of notice of applications for original registrations. Proof of such service and publication must be made in the manner now or hereafter required by the laws of Guam. SOURCE: CC '1157.79. § 29182. Redemption From Tax Sale: Cancellation of Memorial of Sale. Upon presentation to him of a certificate of redemp tion from any sale, the registrar shall cancel the memorial o f said sale upon the certificate of title. SOURCE: CC '1157.80. § 29183. Proof in Proceedings for Partition of Regi stered Land.

f redemp tion from any sale, the registrar shall cancel the memorial o f said sale upon the certificate of title. SOURCE: CC '1157.80. § 29183. Proof in Proceedings for Partition of Regi stered Land. In proceedings for partition of registered land, pr oof must be made that all persons, shown by the register of tit le to be interested in the land, have been made parties to such proceed ings. SOURCE : CC '1157.81. § 29184. Proceedings on Confirmation of Report of R eferees Setting Off Registered Land in Partition Proceeding s. On confirmation of the report of the referees setti ng off registered lands in proceedings for partition, it s hall be the duty of the parties to whom the lands are allotted to cause a certified copy of the judgment or decree to be filed with the regi strar. Thereupon the registrar shall transfer the same upon the regi ster, and issue certificates of title to the person entitled theret o, as shown by said decree. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 38 SOURCE: CC '1157.82. § 29185. Proceedings Where Court Orders Sale of Lan d in Proceedings for Partition.

, as shown by said decree. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 38 SOURCE: CC '1157.82. § 29185. Proceedings Where Court Orders Sale of Lan d in Proceedings for Partition. Whenever, in proceedings for partition of registere d land, the court shall order a sale of such land, and the same is sold under such order, the purchaser shall file with the regis trar a certified copy of the order confirming sale, that the terms o f the sale have been complied with. Thereupon, the registrar shall transfer said land upon the register and issue a certificate of t itle to the purchaser therefor. SOURCE: CC '1157.83. § 29186. Mortgage or Encumbrance by Tenant in Commo n Where Interest Set Off in Severalty. When a tenant in common has given any mortgage, or granted any other lien or interest upon his undivid ed interest, and the same is set off in severalty in proceedings in partition, such mortgage, lien, or other interest shall attach only to the lands so set off, and the registrar shall note the same upon a new register of title, and a new certificate of title, and shall endorse a memorandum of the partition upon the instrument cre ating such lien, mortgage or other

registrar shall note the same upon a new register of title, and a new certificate of title, and shall endorse a memorandum of the partition upon the instrument cre ating such lien, mortgage or other interest if the same be on file in his office, before a new certificate of title shall be issued t herefor. § 29187. Proceedings Where Registered Land Sold Und er Execution or Order. Whenever registered land shall be sold to satisfy a ny judgment decree, or order of court, the purchaser s hall 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 court and also the certificate, if any, of t he officer making the sale that the terms of sale have been complied with, and thereupon the registrar shall transfer the land to the purchaser and issue a new certificate of title therefor to said p urchaser. SOURCE: CC '1157.85. § 29188. Action Affecting Registered Land Not Notic e Until Notice of Pendency Filed with Registrar. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 39 No suit, bill, or proceeding at law or in equity fo r any purpose whatever, affecting registered land, or any

Filed with Registrar. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 39 No suit, bill, or proceeding at law or in equity fo r any purpose whatever, affecting registered land, or any estate, or interest therein, or any charge upon the same, shall be deem ed to be lis pendens or notice to any person dealing with the sa me until notice of the pendency of such suit, bill, or proceeding s hall be filed with the registrar and a memorial thereof entered by him upon the register of the last certificate of title to be aff ected; provided, however, this Section shall not apply to attachment proceedings when the officer making the levy shall file his cer tificate as hereinafter provided. Nothing in this Section shall be deemed to limit, modify or invalidate any mechanic lien or me chanic lien rights afforded under Guam =s mechanic lien laws. SOURCE: CC '1157.86. Amended by P.L. 24-323:3. § 29189. Proceedings Where Action Affecting Registe red Land Dismissed or Otherwise Disposed of. When any suit, bill or proceeding affecting registe red lands has been dismissed or otherwise disposed of, or any judgment, decree or order has been satisfied, released, rever sed, or modified,

d of. When any suit, bill or proceeding affecting registe red lands has been dismissed or otherwise disposed of, or any judgment, decree or order has been satisfied, released, rever sed, or modified, or any levy or execution, attachment or other proce ss has been released, discharged, or otherwise disposed of, it shall be the duty of the clerk of the court in which such proceedings were pending, or had, as the case may be, forthwith, under the se al of the court, to certify to and file with the registrar, an instr ument showing such discharge on the register. The costs of such certif icate and memorial shall be taxed as other costs in the case. SOURCE: CC '1157.87. § 29190. Judgment Not a Lien Upon Registered Land U ntil Certified Copy Filed with Registrar. No judgement, or decree, or order of any court shal l be a lien upon or in anywise affect registered land, or any e state or interest therein, until a certified copy of such judgment, d ecree, or order, under the hand and official seal of the clerk of th e court in which the same is of record, is filed in the office of th e registrar, and a memorial of the same is entered upon the register o f the last certificate of title to

seal of the clerk of th e court in which the same is of record, is filed in the office of th e registrar, and a memorial of the same is entered upon the register o f the last certificate of title to be affected. SOURCE: CC '1157.88. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 40 § 29191. Certificate to be Filed with Registrar Whe re Land Levied Upon. Whenever registered land is levied upon by virtue o f any writ of attachment, execution, or other process, it shal l 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 entered upon the register; and no lien shall arise by reason of such levy until the filing of such certificate and the e ntry in the register of such memorial, any notice thereof, actual or con structive, to the contrary notwithstanding. SOURCE: CC '1157.89. § 29192. Lien Does Not Affect Title to Registered L and Until Memorial Entered. No statutory or other lien shall be deemed to affec t the title to registered land until after a memorial thereof i s entered upon the register, as herein provided. SOURCE: CC '1157.90. § 29193.

red. No statutory or other lien shall be deemed to affec t the title to registered land until after a memorial thereof i s entered upon the register, as herein provided. SOURCE: CC '1157.90. § 29193. Certificate of Dismissal or Other Disposit ion of Action Authorizes Registrar to Cancel Memorial. The filing in the registrar's office of a certifica te 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 s uch suit, bill, or proceeding has been dismissed or otherwise dispo sed of, or the judgment, decree, or order has been satisfied, rele ased, reversed, or overruled, or by any other officer that the levy of any execution, attachment, or other process certified by him has b een released, discharged, or otherwise disposed of, shall be suff icient to authorize the registrar to cancel or otherwise trea t the memorial of such suit, bill, proceeding, judgment, decree, or l evy, according to the purport of such certificate. SOURCE: CC '1157.91. § 29194. Corrections, Alterations, or Erasures: How Only Made. After a title has been registered and a certificate issued therefor, or after a memorandum, notation, or

rtificate. SOURCE: CC '1157.91. § 29194. Corrections, Alterations, or Erasures: How Only Made. After a title has been registered and a certificate issued therefor, or after a memorandum, notation, or memor ial has been made on the Register of Titles and has been atteste d, no correction, COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 41 alteration, or erasure shall be made therein or the reof, except in the manner herein provided. SOURCE: CC '1157.92. COURT DECISIONS: The Court of Appeals, held that Guam statute establishing procedure for correction of mistake in certificate of title did not permit parties to relitigate boundary dispute e ven if maps and description submitted in prior registration proceed ing were inaccurate. Govt. of Guam For The Amendment of Certificates of Title To Lots Nos. 453, 450 and 450-1, Agat, Guam. v. Cruz et al. , 9th Cir., 3/14/89, 869 F.2d 1326. § 29195. Proceedings on Termination of Registered I nterests: Costs. A registered owner or other person in interest or t he registrar, may at any time apply by petition to the court, upo n the ground that registered interests of any description, wheth er vested, contingent, expectant, or

r other person in interest or t he registrar, may at any time apply by petition to the court, upo n the ground that registered interests of any description, wheth er vested, contingent, expectant, or inchoate, have terminated and ceased, or that new interests have arisen or been created whic h do not appear upon the certificates or that any certificate or me morial has been made, entered, endorsed, issued or cancelled by mis take, or that the name of any person on the certificate has been changed by divorce, adoption, or other than by marriage as pro vided for in § 29129 of this Code, or that an owner, registered as married, has ceased to be such, or that a corporation which owne d registered land has been dissolved and has not legally conveye d the same after its dissolution, or upon any other reasonable ground, for an order summoning all persons registered as intereste d in the lands to which such certificate or memorial relates, to a ppear at an appointed time and place and produce their duplicat e certificates and show cause why such omission or mistake or chan ge or alteration should not be corrected or made.

rial relates, to a ppear at an appointed time and place and produce their duplicat e certificates and show cause why such omission or mistake or chan ge or alteration should not be corrected or made. The reg istrar shall, upon receiving notice of such petition, enter a mem orial of such application under the certificate of title affected . If at the time and place appointed all such persons appear and consent, the court may order the entry of a new cer tificate, the entry for cancellation of a memorandum upon a certi ficate, or grant any other relief upon such terms, requiring s ecurity if necessary, as it may consider proper. If such persons, or any of them, fail to appear or do not consent, the court may proceed to hear testimony an d if it appears COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 42 to the satisfaction of the court that the relief as petitioned for should be granted, it shall order and direct the re gistrar to make such corrections or modifications on such certifica tes or memorials as may be necessary. A certified copy of such order of the court shall b e filed in the registrar's office before any such corrections or modifications shall be

ons on such certifica tes or memorials as may be necessary. A certified copy of such order of the court shall b e filed in the registrar's office before any such corrections or modifications shall be entered or made. Costs. When such action has been caused by the faul t or neglect of the registrar, the costs of such proceed ings shall be paid by the registrar out of the fees collected by the r egistrar under the provision of this Law; if by the fault of the perso n registered as interested in such land, by such person. The provisions of this section shall not give the c ourt authority to open the original decree of registrati on and nothing shall be done or ordered by the court which shall i mpair the title or other interest of the purchaser who holds a cert ificate for value and in good faith, or his heirs or assigns without his or their written consent. SOURCE: CC '1157.93. § 29196. Reference to Court Where Registrar in Doub t or 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 p resented for registration, the question shall be

t 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 p resented for registration, the question shall be referred to the court for decision, either on the certificate of the registrar stating the question, or upon the suggestion in writing of any party or part ies in interest; and the court, after due notice to all parties in i nterest and a hearing, if hearing, if necessary or proper, shall issue an order prescribing the form of the memorial to be made by the registrar, who shall make the memorial accordingly. SOURCE: CC '1157.94. § 29197. Fees for Services. Fees for registration and services shall be establi shed by the registrar and approved by the Governor of Guam and all fees collected by the registrar shall be paid by him, be tween the first COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 43 and fifth days or the month following receipt there of, to the Department of Administration of the government of G uam. SOURCE: CC '1157.95. § 29198. Exercise of Right of Eminent Domain.

ISTRATION 43 and fifth days or the month following receipt there of, to the Department of Administration of the government of G uam. SOURCE: CC '1157.95. § 29198. Exercise of Right of Eminent Domain. Nothing in this Law shall be construed to in anywis e affect or modify the exercise of the right of eminent doma in. 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 of any su ch taking or to ascertain and establish the amount of damage by rea son of any such taking, it shall be the duty of both parties t o the proceeding to see that a certified copy of the judgment or dec ree therein is duly filed and a memorial thereof entered upon the register; but, in the case of an assessment of damages, no such me morial shall be entered by the registrar until such damages have been paid, in which event however, that the deposit with the cler k of the Superior Court, of such the register shall also sho w the payment of such damages: provided, damages, shall be deemed a payment thereof, and in such case the clerk shall forthwith file with the registrar a certificate of such

e register shall also sho w the payment of such damages: provided, damages, shall be deemed a payment thereof, and in such case the clerk shall forthwith file with the registrar a certificate of such deposit, and thereu pon a memorial thereof shall be entered upon the register. Upon th e filing of the certified copy of the order or decree of the court and the payment of damages, the registrar shall note on the Registe r of Titles of the owners whose lands have been appropriated a descrip tion of the land so appropriated and shall register in the name of the person, corporation, or other body entitled thereto, the ti tle of the land taken, and issue a certificate therefor. SOURCE: CC '' ''1157.96. § 29199. Action for Partition by Owner of Undivided Interest. An owner of an undivided interest in registered lan ds 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 re gister. A certified copy of any judgment or decree rendered i n pursuance of such action shall be filed with the registrar, who shall thereupon issue a new certificate in accordance

y him upon the re gister. A certified copy of any judgment or decree rendered i n pursuance of such action shall be filed with the registrar, who shall thereupon issue a new certificate in accordance therewith. SOURCE: CC '1157.97. COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 44 § 29200. Rights and Remedies of Defrauded Person. In the case of fraud, any person defrauded shall ha ve all rights and remedies that he would have had if the lands we re not under the provisions of this Law: provided, that nothing contained in this section shall affect the title of a registered owne r who has taken bona fide for a valuable consideration, or of any p erson bona fide claiming through or under him. SOURCE: CC '1157.98. § 29201. Clerk to Notify Registrar in Case of Appea l. In the case of an appeal from any proceeding under this Law, or from any judgment, order or decree affecting reg istered lands, the clerk of the court in which the notice of appea l is filed shall forthwith notify the registrar thereof, and thereup on the registrar shall enter upon the register a memorial of such ap peal. SOURCE: CC '1157.99. § 29202.

which the notice of appea l is filed shall forthwith notify the registrar thereof, and thereup on the registrar shall enter upon the register a memorial of such ap peal. SOURCE: CC '1157.99. § 29202. How Documents Relating to Registered Lands to be Prepared. It shall be the duty of the registrar to require th at all docu- ments offered for filing concerning registered land , shall be made out with a view to permanency. The registrar may re fuse to accept any document for filing which is his judgment is wh olly or partially written, made out, or filled in with infe rior ink or faded typewriter ribbon and likely to fade quickly, and m ay require such documents to be redrawn in India or indelible ink t o insure permanency. Registrars must in every instance in ma king out a new certificate of title, memorials, or entries of any kind in connection with registered land, use India ink for handwriting and indelible ink for typewriter or rubber stamps. SOURCE: CC '1157.100. § 29203. Deputies: Appointment, Number, Duties, and Compensation. Deputies may be appointed by the Director of Land Management.

nd indelible ink for typewriter or rubber stamps. SOURCE: CC '1157.100. § 29203. Deputies: Appointment, Number, Duties, and 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 separa te agreement between the government of Guam and the individual d eputy COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 45 employed, and shall be based on the currently preva iling wage scales for the particular type of work done by an i ndividual deputy. SOURCE: CC '1157.101. NOTE: ''1157.102, 1157.103 and 1157.104 of the former Civil Code, concerning offenses against the statute and penalti es therefor, were repealed by P.L. 13-187:7, 8 and 9 respectively. § 29204. Rules and Regulations: Documents Sent by M ail. Registrars shall not make any rules or regulations that work a hardship or inconvenience upon owners or others d esiring 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 all proceedings, of

or others d esiring 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 all proceedings, of whi ch notice is required by mail, and in such cases registrars shal l assist those who desire to use the mails in connection with regi stered lands in every way possible. Such documents as are sent by m ail shall be entirely at the risk of the owner and if lost, the entire expense of replacing same shall be borne by the owner. SOURCE: CC '1157.105. § 29205. Law to be Liberally Construed. This Law shall be construed liberally so far as may be necessary for the purpose of effecting its general intent. SOURCE: CC '1157.106. § 29206. Jurisdiction of Island Court Confirmed: Va lidity of Prior Decrees. The jurisdiction of the Island Court to issue decre es ordering the registration of land titles from and after Augu st 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 and after said date are hereby declared to be valid insofar as the jurisdiction of the Island Court to hear and de termine such

y notwithstanding; and all such decrees issued by the Island Court from and after said date are hereby declared to be valid insofar as the jurisdiction of the Island Court to hear and de termine such matters is concerned. SOURCE: '1157.108 CC. Island Court not changed to Superior Court pursuant to P.L. 12-85 because this section was ena cted specifically to deal with a problem involving the Island Court of Guam as that court existed at the time of enactment of this section, which was be fore the creation of the Superior Court of Guam. This section has no bearing on the jurisdiction of COL10/29/202121 GCA REAL PROPERTY CH. 29 LAND TITLE REGISTRATION 46 the Superior Court of Guam, and the problems addres sed by this section are dealt with, as to prospective actions, elsewher e in law. --------- COL10/29/2021 COL10/29/2021