2023 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
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21 GCA REAL PROPERTY
CH. 25 ACTIONS CONCERNING REAL 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 May 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. Lis 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
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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 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: CCP § 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: CCP § 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.
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§ 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.
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.
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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.
SOURCE: CCP § 747.
§ 25111. Determination of Adverse Claims to Real Property.
Unknown Defendants. Lis 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,
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a notice of the pendency of the action, containing the matters
required by ' 409 of the Code of Civil Procedure[see 2008
Comment].
SOURCE: CCP § 749
2008 COMMENT: Section 409 of the Code of Civil Procedure is codified
at 7 GCA § 14103 Notice of Lis Pendens.
§ 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 [see 2008 Comment], 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 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, 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
Agana 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,
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and also to the defendants residing outside of Guam whose places
of residence are unknown to plaintiff, addressed to them in Agana.
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.
2023 NOTE: Reference to “Territory” omitted pursuant to 1 GCA § 420.
2008 COMMENT: Section 407 of the Code of Civil Procedure entitled
“Summons, must contain” and describes the required contents of a
summons. Rule 4, “Summons,” of the Guam Rules of Civil procedure now
provides such requirements. Section 407 has been replaced by GRCP Rule
4. See the notes following 7 GCA § 14101 and GRCP Rule 89.
§ 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 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
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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.
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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
following-named
persons,
in
former
conveyances to said lands, be determined, to
wit:_________________ (names as J. Doe
and John Doe);
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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.
___________________
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 identity 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. 12-085
(Jan. 16, 1974).
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