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2022 Guam Statutes
Title 21 - Real Property
Division 1 - Ownership of Real or Immovable Property
Chapter 31 - What May Be Recorded

Universal Citation: 21 Guam Code §§ 31101 - 31106 (2022)
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21 GCA REAL PROPERTY CH. 31 WHAT MAY BE R ECORDED CHAPTER 31 WHAT MAY BE RECORDED § 31101. § 31102. § 31103. § 31104. § 31105. § 31106. What May Be Recorded; Where. Judgment Without Acknowledgment. Letters Patent. Same. Acknowledgment; Person, Corporation. Same. Transfers in Trust, Etc. § 31101. What May Be Recorded; Where. Any instrument or judgment affecting the title to or possession of real property may be recorded under this Chapter: provided, however, that deeds or grants conveying to a governmental agency, real estate, or any interest therein, or easements thereon, for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its acceptance attached to such deed or grant. Instruments and judgments to be recorded pursuant to this section shall be recorded by Department of Land Management. SOURCE: CC § 1158. § 31102. Judgment Without Acknowledgment. Judgments affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which such judgments were rendered may be recorded without acknowledgment, certificate of acknowledgment, or further proof. SOURCE: CC § 1159. § 31103. Letters Patent. Same. Letters patent from the United States or certificate of title or deeds from the government, executed and authenticated pursuant to existing law, may be recorded without acknowledgment or further proof, and where letters patent or certificate of title or deeds have been lost, or are beyond the control of any party deriving title therefrom, or for any reason they remain unrecorded, any person claiming title thereunder may cause a transcript of the copy of such letters patent kept by the government issuing the same, duly certified by the officer or individual having lawful custody of such copy, to be recorded in lieu of the original; and such recorded copy shall 1 COL 012010 21 GCA REAL PROPERTY CH. 31 WHAT MAY BE R ECORDED have, prima facie, the same force and effect as the original, for title or for evidence, until said original letters patent be recorded. SOURCE: CC § 1160. § 31104. Acknowledgment: Person, Corporation. Before an instrument can be recorded, unless it belongs to the class provided for in either §§ 31102, 31103, 33121 and 33122, it is execution must be acknowledged by the person executing it, or if executed by a corporation, by its president or secretary, or other person executing the same on behalf of the corporation, or proved by a subscribing witness, or as provided in §§ 33117 and 33118, and the acknowledgment or proof certified in the manner prescribed by Chapter 33, of this Title 21. SOURCE: CC § 1161. § 31105. Same. An instrument proved and certified pursuant to §§ 33117 and 33118 may be recorded in the Department of Land Management. SOURCE: CC § 1162. § 31106. Transfers in Trust, Etc. Transfers of property in trust for the benefit of creditors and transfers or liens on property by way of mortgage, are required to be recorded in the cases specified in the Chapter on mortgages, and in cases specified by the insolvency law. SOURCE: CC § 1164. ---------- 2 COL 012010 COL 012010
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