2022 Guam Statutes Title 21 - Real Property Division 1 - Ownership of Real or Immovable Property Chapter 25 - Actions to Determine Conflicting Claims to Real Property, and Other Provisions Relating to Actions Concerning Real Estate
Download as PDF
21 GCA REAL PROPERTY
CH. 25 ACTIONS CONCERNING R EAL ESTATE
CHAPTER 25
ACTIONS TO DETERMINE CONFLICTING CLAIMS
TO REAL PROPERTY, AND OTHER PROVISIONS
RELATING TO ACTIONS CONCERNING REAL ESTATE
§ 25101.
§ 25102.
§ 25103.
§ 25104.
§ 25105.
§ 25106.
§ 25107.
§ 25108.
§ 25109.
§ 25110.
§ 25111.
§ 25112.
§ 25113.
§ 25114.
Action to Quiet Title to Real and Personal Property.
When Plaintiff Cannot Recover Costs.
Right of Plaintiff to Recover.
When Value of Improvements Can Be Allowed as a Set-Off.
An Order My be Made to Allow a Party to Survey and Measure
the Land in Dispute.
Order, What to Contain, and How Served. If Unnecessary
Injury Done, The Party Surveying to be Liable Therefor.
A Mortgage Must not be Deemed a Conveyance, Whatever its
Terms.
When Court May Grant Injunction; During Foreclosure; or
After Sale On Execution, Before Conveyance.
Damages May be Recovered for Injury to the Possession After
Sale, etc., and Before Delivery of Possession.
Action Not to be Prejudiced by Alienation Pending Suit.
Determination of Adverse Claims to Real Property. Unknown
Defendants. Las Pendens.
Summons; Service, and Proof of Service. Publication of
Summons.
Judgment Must Not be Entered by Default; When Entered, is
Conclusive. Remedy is Cumulative.
Receiving or Conveying Title to Real Property Under the
Different Names.
§ 25101. Action to Quiet Title to Real and Personal Property.
An action may be brought by any person against another who claims
an estate or interest in real or personal property, adverse to him, for the
purpose of determining such adverse claim, provided however, that
whenever in an action to quiet title to, or to determine adverse claims to,
real or personal property, the validity or interpretation of any gift, devise,
bequest, or trust, under any will, or instrument purporting to be a will,
whether admitted to probate or not, shall be involved, such will, or
instrument purporting to be a will, is admissible in evidence; and all
questions concerning the validity of any gift, devise, bequest, or trust
1
COL120106
21 GCA REAL PROPERTY
CH. 25 ACTIONS CONCERNING R EAL ESTATE
therein contained, save such as belong exclusively to the probate
jurisdiction, shall be finally determined in such action; provided, that if the
said will shall have been admitted to probate and interpreted by a decree of
the Superior Court sitting in probate, which decree has become final, such
interpretation shall be conclusive as to the proper construction of said will,
or any part thereof, so construed, in any action under this section.
SOURCE: CAP '738. AIsland@ changed to Superior Court by Compiler.
§ 25102. When Plaintiff Cannot Recover Costs.
If the defendant in such action disclaims in his answer any interest or
estate in the property, or suffers judgment to be taken against him without
answer, the plaintiff cannot recover costs.
SOURCE: CAP '739.
§ 25103. Right of Plaintiff to Recover.
In an action for the recovery of property, where the plaintiff shows a
right to recover at the time the action was commenced, but it appears that
his right has terminated during the pendency of the action, the finding and
judgment must be according to the fact, and the plaintiff may recover
damages for withholding the property.
SOURCE: CCP '740
§ 25104. When Value of Improvements Can be Allowed as a Set-Off.
When damages are claimed for withholding the property recovered,
upon which permanent improvements have been made by a defendant, or
those under whom he claims, holding under color of title adversely to the
claim of the plaintiff, in good faith, the value of such improvements must be
allowed as a set-off against such damages.
SOURCE: CCP '741.
§ 25105. An Order May be Made to Allow a Party to Survey and
Measure the Land in Dispute.
The court in which an action is pending for the recovery of real
property, or for damages for an injury thereto, or a judge thereof, may, on
motion, upon notice by either party for good cause shown, grant an order
allow to such party the right to enter upon the property and make survey and
measurement thereof, for the purpose of the action, even though entry for
such purpose has to be made through other lands belonging to parties to the
action.
2
COL120106
21 GCA REAL PROPERTY
CH. 25 ACTIONS CONCERNING R EAL ESTATE
SOURCE: CCP '742
§ 25106. Order, What to Contain, and How Served. If Unnecessary
Injury Done, the Party Surveying to be Liable Therefor.
The order must describe the property, and a copy thereof must be
served on the owner or occupant; and thereupon such party may enter upon
the property with necessary surveyors and assistants, and make such survey
and measurements; but if any unnecessary injury be done to the property, he
is liable therefor.
SOURCE: CCP '743.
§ 25107. A Mortgage Must Not be Deemed a Conveyance, Whatever its
Terms.
A mortgage of real property shall not be deemed a conveyance,
whatever its terms, so as to enable the owner of the mortgage to recover
possession of the real property without a foreclosure and sale.
SOURCE: CCP '744.
§ 25108. When Court May Grant Injunction; During Foreclosure; or
After Sale on Execution, Before Conveyance.
The court may, by injunction, on good cause shown, restrain the party
in possession from doing any act to the injury of real property during the
foreclosure of a mortgage thereon; or, after a sale on execution, before a
conveyance.
SOURCE: CCP '745.
§ 25109. Damages May be Recovered for Injury to the Possession After
Sale, Etc, and Before Delivery of Possession.
When real property has been sold on execution, the purchaser thereof,
or any person who may have succeeded to his interest, may, after his estate
becomes absolute, recover damages for injury to the property by the tenant
in possession after sale, and before possession is delivered under the
conveyance.
SOURCE: CCP '746.
§ 25110. Action Not to be Prejudiced by Alienation Pending Suit.
An action for the recovery of real property against a person in
possession cannot be prejudiced by any alienation made by such person,
either before or after the commencement of the action.
3
COL120106
21 GCA REAL PROPERTY
CH. 25 ACTIONS CONCERNING R EAL ESTATE
SOURCE: CCP '747.
§ 25111. Determination of Adverse Claims to Real Property. Unknown
Defendants. Las Pendens.
An action may be brought to determine the adverse claims to, and
clouds upon, title to real property by a person who, by himself or by himself
and his predecessors in interest, has been in the actual, exclusive and
adverse possession of such property continuously for twenty (20) years
prior to the filing of the complaint, claiming to own the same in fee against
the whole world, and who has paid all taxes of every kind levied or assessed
against the property during the period of five (5) years continuously next
preceding the filing of the complaint. Said action shall be commenced by
the filing of a verified complaint averring the matters above enumerated.
The said complaint may include as defendants in such action, in addition to
such persons as appear of record to have, all other persons who are known
to the plaintiff to have some claim or cloud on the lands described in the
complaint adverse to plaintiff's ownership, or other persons unknown
claiming any right, interest or lien in such lands, or cloud upon the title of
plaintiff thereto, and the plaintiff may describe such unknown defendants in
the complaint as follows: "Also all other persons, unknown, claiming any
right, title, estate, lien or interest in the real property described in the
complaint adverse to plaintiff's ownership, or any cloud upon plaintiff's title
thereto." Within ten (10 days after the filing of the complaint, plaintiff shall
file, or cause to be filed, in the Department of Land Management, a notice
of the pendency of the action, containing the matters required by '409 of
the Code of Civil Procedure.
SOURCE: CCP '749
§ 25112. Summons; Service, and Proof of Service. Publication of
Summons.
Within one (1) year after the filing of the complaint, as required by the
preceding section, a summons must be issued, which shall contain the
matters required by '407 of the Code of Civil Procedure, and in addition a
description of the property and a statement of the object of the action. In
said summons the said unknown defendants shall be designated as in the
complaint. Within thirty (30) days after the issuance of the summons, the
plaintiff shall post or cause to be posted a copy thereof in a conspicuous
place on the property. All defendants residing in the Territory of Guam,
whose place of residence is known to the plaintiff, shall be served
personally. After service on all such defendants has been made, the plaintiff,
4
COL120106
21 GCA REAL PROPERTY
CH. 25 ACTIONS CONCERNING R EAL ESTATE
or his agent, or attorney, shall make and file an affidavit wherein there shall
be stated the names of the defendants who have been served personally; the
names of the defendants who reside out of Guam, and their places of
residence, if known to the plaintiff; and the names of the defendants
residing in or out of Guam whose places of residence are unknown to the
plaintiff; and thereupon the court or judge thereof shall make an order
directing the said summons to be served upon the defendants residing in or
out of Guam whose places of residence are known to the plaintiff, and upon
the defendants residing in or out of Guam, whose places of residence are
unknown to the plaintiff, and upon all the unknown defendants as stated in
the complaint and summons, by publication for one (1) month on three (3)
or more public bulletin boards, one (1) in Aegean and two (2) in the district
where the property is located. A copy of the summons and complaint,
within ten (10) days after the making of said order, properly addressed and
with the postage thereon fully prepaid, shall be mailed to each of the
defendants who resides outside of Guam, at his place of residence, if
known, and also to the defendants residing outside of Guam whose places
of residence are unknown to plaintiff, addressed to them in Aegean. All
such unknown persons so served shall have the same rights as are provided
by law in cases of all other defendants named upon whom service is made
by publication, or personally, and the action shall proceed against such
unknown persons in the same manner as against the defendants who are
named upon whom service is made by publication or personally, and with
like effect; and any such unknown person who has or claims to have any
right, title, estate, or lien or interest in the said property, cloud on the title
thereto, adverse to plaintiff, at the time of the commencement of the action,
who has been duly served as aforesaid, and any one claiming under him,
shall be concluded by the judgment in such action as effectually as if the
action were brought against the said person by his or her name and personal
service of process was obtained, notwithstanding any such unknown person
may be under legal disability. Service shall be deemed complete upon the
completion of the publication.
SOURCE: CCP '750.
§ 25113. Judgment Must Not be Entered by Default; When Entered, is
Conclusive. Remedy is Cumulative.
When the summons has been served as provided in the preceding
section, and the time for answering has expired, the court shall proceed to
hear the case as in other cases, and shall have jurisdiction to examine into
5
COL120106
21 GCA REAL PROPERTY
CH. 25 ACTIONS CONCERNING R EAL ESTATE
and determine the legality of plaintiff's title, and of the title and claim of all
defendants and of all unknown persons, and to that end must not enter any
judgment by default, but must in all cases require evidence of plaintiff's title
and possession and hear such evidence as may be offered respecting the
claims and title of any of the defendants and must thereafter direct judgment
to be entered in accordance with the evidence and the law. The court before
proceeding to hear the case must require proof to be made that the summons
has been served and posted as hereinbefore directed and that the required
notice of pendency of action has been filed. The judgment, after it has
become final, is conclusive against all persons named in the summons and
complaint who have been served, and against all unknown persons as stated
in the complaint and summons who have been served by publication, but
shall not be conclusive against the government of Guam or the United
States. Said judgment shall have the effect of a judgment in rem except
against the government of Guam and the United States; and provided,
further, that the said judgment shall not bind or be conclusive against any
person claiming any estate, title, right, possession or lien to the property
under the plaintiff, or his predecessors in interest, which claim, lien, estate
or right of possession has arisen or has been created by the plaintiff or his
predecessors in interest within twenty (20) years prior to the filing of the
complaint. The remedy provided in this and the two preceding sections shall
be construed as cumulative and not conclusive of any other remedy, form or
right of action, or proceeding now allowed by law.
SOURCE: CCP '751.
§ 25114. Receiving or Conveying Title to Real Property Under
Different Names.
Whenever any person who by any conveyance, judgment, or decree
has received or taken, or who hereafter receives or takes, the title to, or any
interest in, or lien upon real property in a certain name and thereafter has
conveyed, or conveys, or has reconveyed, or reconveys, the same or any
part thereof, or has satisfied, or satisfies, such lien in a name other than, or
different from, the name under which title was received, or any interest or
lien thereon was taken, the identity of such person, or persons, may be
adjudicated and determined in petition of any subsequent owner or the
successor in interest, of said property, or any part thereof, or of any interest
therein.
As many such persons as appear of record in the chain of title to the
land described in the petition may be joined in one petition or proceeding.
6
COL120106
21 GCA REAL PROPERTY
CH. 25 ACTIONS CONCERNING R EAL ESTATE
The petition must be filed in the Superior Court and shall be verified as
provided in the Code of Civil Procedure for verification of a complaint.
The petition may be substantially entitled, AIn the matter of the
determination of the identify of __________________@ (naming all the
persons sought to be identified), and may set forth:
(a) A statement of petitioner's interest in the property as owner,
part owner, or otherwise.
(b) A particular description of the petitioner's property.
(c) The name or names of the person or persons sought to be
identified, setting out the name and the reference to the record of the
conveyance under which title was received, and the name and a
reference to the record of the conveyance whereby the title was
conveyed, and that such names were and are the names of the same
person, and that such conveyances affect the title to petitioner's
property.
(d) A prayer that the identity of such persons be established.
The clerk must thereupon set the petition for hearing by the court and
the petitioner must give notice thereof by causing notices of the time and
place of hearing to be posted on at least three public bulletin boards, one of
which must be at the place where the court is held, and one in a conspicuous
place on the property described, at least ten days before the hearing.
The said notice shall be substantially in the form:
(Title of court and cause)
Notice is hereby given that _____ ___________
has filed a petition herein claiming to be the owner of
the following described lands ______ (description);
And praying that the identity of the followingnamed persons, in former conveyances to said lands, be
determined, to wit:_________________ (names as J.
Doe and John Doe);
And that the time and place of hearing of said
petition has been set for ______ the __________ day of
_________, 19 ____, at the hour of _______________
m. of said day at the court room of said court in the
City of Agana, Guam.
________________________
7
COL120106
21 GCA REAL PROPERTY
CH. 25 ACTIONS CONCERNING R EAL ESTATE
Clerk
At any time before the date fixed for such hearing, any person
interested in said property may answer said petition and deny any of the
matters contained therein.
At the time fixed for the hearing, or such time thereafter as may be
fixed by the court, the court must hear the proofs offered by the
petitioner, and by any person answering the same, and must make and
enter a decree determining the identify of the person, or persons, set out
in the petition in accordance with the proofs.
An appeal may be taken by any party aggrieved as set forth in the Code
of Civil Procedure.
After the said decree has become final, it shall have the force and
effect of a judgment in rem. A certified copy of said decree shall be
recorded in the Department of Land Management.
SOURCE: CCP '751a.
NOTE: ADistrict@ changed to Superior Court pursuant to P.L. 12-85.
----------
8
COL120106
COL120106
Disclaimer: These codes may not be the most recent version. Guam may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
