Guam § 29106 - Reference to Map or Plat, etc.

§ 29106. Reference to Map or Plat, etc.

If 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 private

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way, 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.