21 Guam Code Ann. § 29106
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Terms Used In 21 Guam Code Ann. § 29106
- Docket: A log containing brief entries of court proceedings.
- 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.
said land is a part of a city, village, town or subdivision of which an official map is on file in the Department of Land Management and upon such map the land appears in such a manner that it can be identified thereon by reference, the application may refer to such map. In all cases where said land cannot be identified by reference to such map or where no such map is on file in the Department of Land Management a plat or plan or survey of the land made by a surveyor must accompany the application. Such survey must show the boundaries of the land its relation to adjoining lands and streets and any encroachments, if any. The court may, in any case, before decree, require a survey to be made for purpose of determining exact boundaries. If the application describes the land as bounded by a public or privateway, it shall state whether or not the applicant claims any and what land within the limits of the way and whether the applicant desires to have the line of the way determined.
Where applicant has been in possession more than five years. If it appears by the petition that the applicant, either by himself or by himself and his predecessors in interest, has been in the actual, exclusive, and adverse possession of, or any part of, the land described, continuously for more than five (5) years next preceding the filing of the petition claiming to own the same in fee against the world, and that he has or that he and his predecessors in interest have paid all taxes of every kind legally levied or assessed against such property during said period, the petition must then also state the character of such possession and the applicant must prove the same to the satisfaction of the court on the hearing.
Each application must be accompanied by an abstract of title to all land which does not appear by said petition to have been adversely held as hereinabove provided; except that when the title to the land or any part of the land described has been previously determined by a final decree of a court of competent jurisdiction no abstract regarding the same need antedate such decree. When actual, exclusive, and adverse possession and payment of taxes is alleged but not proved to the satisfaction of the court on the hearing, the court may require an abstract of title to be furnished which shall then be used in the same manner as if it had been filed with the application. All abstracts herein referred to must be verified by the searcher making the same.
Upon any petition hereunder being filed, the clerk of courts shall immediately endorse thereon the exact time of its presentation and shall enter the same in a book kept for that purpose known as the land register docket.
SOURCE: CC ‘1157.5.
Where applicant has been in possession more than five years. If it appears by the petition that the applicant, either by himself or by himself and his predecessors in interest, has been in the actual, exclusive, and adverse possession of, or any part of, the land described, continuously for more than five (5) years next preceding the filing of the petition claiming to own the same in fee against the world, and that he has or that he and his predecessors in interest have paid all taxes of every kind legally levied or assessed against such property during said period, the petition must then also state the character of such possession and the applicant must prove the same to the satisfaction of the court on the hearing.
Each application must be accompanied by an abstract of title to all land which does not appear by said petition to have been adversely held as hereinabove provided; except that when the title to the land or any part of the land described has been previously determined by a final decree of a court of competent jurisdiction no abstract regarding the same need antedate such decree. When actual, exclusive, and adverse possession and payment of taxes is alleged but not proved to the satisfaction of the court on the hearing, the court may require an abstract of title to be furnished which shall then be used in the same manner as if it had been filed with the application. All abstracts herein referred to must be verified by the searcher making the same.
Upon any petition hereunder being filed, the clerk of courts shall immediately endorse thereon the exact time of its presentation and shall enter the same in a book kept for that purpose known as the land register docket.
SOURCE: CC ‘1157.5.