For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only:

(a) Where it has been protected by a substantial enclosure;

(b) Where it has been usually cultivated or improved; provided, however, that in no case shall adverse possession be considered established under the provisions of any section or sections of this Title, unless it shall be shown that the land has been occupied and claimed for the period of ten years continuously, and the party or persons, their predecessors and grantors, have paid all the taxes which have been levied and assessed on such land.

SOURCE: CCP § 325.

2016 NOTE: Subsection designations were altered to adhere to the Compiler’s codification and alpha-numeric schemes pursuant to authority granted by 1 Guam Code Ann. § 1606.

§ 11213. Relation of Landlord and Tenant — Adverse
Possession.

When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until expiration of five (5) years from the termination of the tenancy, or, where there has been no written lease, until the expiration of five (5) years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions cannot be made after the periods herein limited.

SOURCE: Guam CCP § 326.