21 Guam Code Ann. § 29147
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Terms Used In 21 Guam Code Ann. § 29147
- Executor: A male person named in a will to carry out the decedent
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Probate: Proving a will
In all estates of deceased person the administrator or executor may file a petition to the court in the probate proceedings, praying for the registration of all land belonging to the estate, setting forth the facts required to be set forth by § 29105 and § 29106 of this Law together with a description of all land, of which 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 things necessary to determine the title to the land and all adverse interests therein to the same extent as the Superior Court has in independent proceedings under this Law. Upon the filing of such petition the court must direct notice of the filing of such petition to issue, as provided by this Law, and the administrator or executor shall publish and serve such notice upon all persons required by this Law to be served and in the manner therein specified.
Every decree of final or partial distribution of land sought to be registered wherein, upon the hearing of such petition, after said notice has been given, the court shall find the title to such land to be registered in the name of the distributee or distributees in fee simple or as their interests may appear, which decree 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 Affecting
Registered Land Offered for Filing.
Nothing in this Chapter shall be deemed to limit, modify or invalidate any mechanic lien or mechanic lien rights 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 land is registered land, with the name of the registered owner and with the number or numbers of the certificate or certificates of the last registration thereof; otherwise, none of such instruments shall be filed, nor shall the same affect the title for the whole or any part of said land, nor will the same impart any notice to the registered owner or to any person dealing with such land.
SOURCE: CC: ‘1157.46. Amended by P.L. 24-323:2.
The court, by reason of its general jurisdiction in probate, shall have power and jurisdiction to do any and all things necessary to determine the title to the land and all adverse interests therein to the same extent as the Superior Court has in independent proceedings under this Law. Upon the filing of such petition the court must direct notice of the filing of such petition to issue, as provided by this Law, and the administrator or executor shall publish and serve such notice upon all persons required by this Law to be served and in the manner therein specified.
Every decree of final or partial distribution of land sought to be registered wherein, upon the hearing of such petition, after said notice has been given, the court shall find the title to such land to be registered in the name of the distributee or distributees in fee simple or as their interests may appear, which decree 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 Affecting
Registered Land Offered for Filing.
Nothing in this Chapter shall be deemed to limit, modify or invalidate any mechanic lien or mechanic lien rights 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 land is registered land, with the name of the registered owner and with the number or numbers of the certificate or certificates of the last registration thereof; otherwise, none of such instruments shall be filed, nor shall the same affect the title for the whole or any part of said land, nor will the same impart any notice to the registered owner or to any person dealing with such land.
SOURCE: CC: ‘1157.46. Amended by P.L. 24-323:2.
21 Guam Code Ann. REAL PROPERTY
CH. 29 LAND TITLE REGISTRATION