7 Guam Code Ann. § 11204
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Terms Used In 7 Guam Code Ann. § 11204
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
No person shall commence any action at law or in equity for the recovery of land, or assert any interest in or right in or lien or demand upon the same, or make entry thereon adversely to the title of interest certified in the certificate of title bringing the land under the operation of the Land Title Registration Act after one (1) year following the first registration, providing said first registration is not void for any of the reasons set forth in 21 Guam Code Ann.
29139. It shall be an exception to this rule that the person entitled to bring the action or make the entry is deceased, an infant, lunatic or is under any disability, but action may be brought by such person by his next kin or guardian or by the administrator or the executor of the deceased person. It shall be the duty of the guardian, if there is any, to bring action in the name of his ward whenever it is necessary to preserve or enforce the ward’s rights in registered land, provided, however, before such action shall proceed, it must be made to appear to the court that the person bringing such action or those under whom he claims, had no actual notice of the proceedings to register such lands in time to appear and file an objection or a service claim. The provisions of this Section shall in no way affect or disturb the rights of any person
in said land acquired subsequent to the registration there-of, modified and without knowledge and for a valuable consideration.
29139. It shall be an exception to this rule that the person entitled to bring the action or make the entry is deceased, an infant, lunatic or is under any disability, but action may be brought by such person by his next kin or guardian or by the administrator or the executor of the deceased person. It shall be the duty of the guardian, if there is any, to bring action in the name of his ward whenever it is necessary to preserve or enforce the ward’s rights in registered land, provided, however, before such action shall proceed, it must be made to appear to the court that the person bringing such action or those under whom he claims, had no actual notice of the proceedings to register such lands in time to appear and file an objection or a service claim. The provisions of this Section shall in no way affect or disturb the rights of any person
in said land acquired subsequent to the registration there-of, modified and without knowledge and for a valuable consideration.
SOURCE: § 1157.14, Civil Code (Land Title Registration Act) [21 Guam Code Ann.
§ 29146].
COMMENT: In enacting the Land Title Registration Act, § 1157.44 was included as a separate statute of limitations relative to registered titles. It seems best to place all such statutes of limitations in one Chapter and Article to avoid confusion. This is particularly the case since what is now the Civil Code of Guam will be replaced by new Titles conforming to the concepts of the Guam Code Annotated.
CROSS-REFERENCES: 21 Guam Code Ann. § 29136 prohibits title to registered land to be gained by adverse possession.
COURT DECISIONS: See Sauget v Villagomez, (1955) 228 F.2d. 374.