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Terms Used In 21 Guam Code Ann. § 45111

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Service of process: The service of writs or summonses to the appropriate party.
The Department of Land Management shall immediately set up the mechanics and method by which recordation of a master deed or lease and the declaration may be made. Provisions shall be made for the recordation of a master deed or lease and the declaration may be made. Provisions shall be made for the recordation of instruments affecting the individual apartments on subsequent resales, mortgages, and other encumbrances, as is done with all other real estate recordation; provided, that certificates of title

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21 Guam Code Ann. REAL PROPERTY
CH. 45 HORIZONTAL PROPERTY ACT

shall not be issued for apartments. The declaration to which § 45103 refers shall express the following particulars:
(a) Description of the land, whether leased or in fee simple, on which the building or buildings and improvements are or are to be located.
(b) Description of the building or buildings, stating the number of stories and basements, the number of apartments, and the principal materials of which it is or they are constructed or to be constructed.
(c) The apartment number of each apartment, and a statement of its location, approximate area, number of rooms, and immediate common element to which it has access, and any other data necessary for its proper identification.
(d) Description of the common elements.

(e) Description of the limited common elements, if any, stating to which apartments their use is reserved.

(f) The percentage of undivided interests in the common elements appertaining to each apartment and its owner for all purposes, including voting.

(g) Statement of the purposes for which the building or buildings and each of the apartments are intended and restricted as to use.
(h) The name of a person to receive service of process in the cases hereinafter provided, together with the residence or place of business of the person which shall be within the municipality in which the property is located.

(i) Provision as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair, or restore the property in the event of damage or destruction of all part of the property.

(j) Any further details in connection with the property which the person executing the declaration may deem desirable to set forth consistent with this Chapter.

(k) The method by which the declaration may be amended, consistent with this Chapter.
SOURCE: CC ‘1280.

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