21 GCA § 29105
Land Brought Under the Law by Filing Petition:
View official PDF ↗Contents, etc. All land may be brought under the operation of this Law by the owner or owners of any estate or interest therein, whether legal or equitable (other than an individual share or an easement) by filing with the clerk of the court his or her or their 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, residence, and post office address of the applicant or applicants, and where any applicant appears by any representative because of any disability, also the full name, occupation, residence, and post office address of the person so representing the applicant and the reason for his so acting; if the application is by a corporation, its name, when and where incorporated, its principal place of business, and the names and post office addresses of its president and secretary, and if a foreign corporation, the name and address of the resident agent shall be included in addition to the other requirements; whether or not the applicant is married, and if married, the full name and residence of the husband or wife; and if unmarried, whether he or she has been married, and if so, how the marriage relation terminated, and if the marriage relation terminated by annulment or divorce, where and by what court; that each of the applicants is not less than eighteen
(18)years of age and free from any disability, or if a minor or under disability his age and nature of such disability, and if a guardian has been appointed the name and address of the guardian and when and by what court appointed, a description of the land, the value at which the land and permanent improvements, if any, were assessed 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 COL10/29/2021 CH. 29 LAND TITLE REGISTRATION severally claims title; a statement of the estate or 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 and the post office address, if known, of each holder thereof, the nature and the amount of the same, and if recorded, the book and page of the record; a statement of whether or not the land is occupied and if so, the full name and post office address of each occupant, and what interest he has or claims; a statement describing the claim of any other person who has any estate or remainder, reversion or expectancy, with the names and post office addresses, if known, of every such person, together with the names and post office addresses of all the owners of the adjoining lands, so far as the same can be ascertained upon diligent inquiry. If the application is by a husband or wife and the property is community property or is subject to a homestead, both spouses must join in the application; persons who collectively claim to own the entire legal estate in fee simple to the whole or any part of the land may join in the petition; a corporation may petition by its duly authorized agent; the estate of a deceased person by the administrator or executor and a minor or other person under disability by his legal appointed guardian, but the person in whose behalf the application is made shall be named as applicant.
§ The story of this section
- Amended by P.L. 14-91 § 1 (bill & sponsor pending — earlier Legislature not yet ingested)
- Affected by P.L. 12-85 (bill & sponsor pending — earlier Legislature not yet ingested)
Interpreted by the courts:
- 2000 Guam 34 — Margaret P. Pelowski v. Henry F. Taitano and Josephine C. Taitano (2000) · per F. Philip Carbullido, J. · cited at ¶30
- 2009 Guam 9 — Joseph Santiago Taitano, Attorney in fact for the Heirs of Delores Torres Flores, the Heirs of Manual Torres Flores, and (2009) · per F. Philip Carbullido, J. · cited at ¶14
- 2021 Guam 1 — Robert S. Unpingco, Plaintiff-Appellant, v. Antolin Derry, Defendant-Appellee (2021) · per Robert J. Torres, J. · cited at ¶12
- 2021 Guam 19 — In the Matter of: Certificate of Title No. 134390. Lot No. 3417-1-3NEW-R1, Sinajana, Guam; and Certificate of Title No. (2021) · per Robert J. Torres, J. · cited at ¶20
- 2021 Guam 29 — Vivian Ulloa McCurdy, Plaintiff-Appellee, v. Chamorro Equities, Inc., Defendant-Appellant (2021) · per F. Philip Carbullido, J. · cited at ¶32
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.