Guam § 33103 - Attachment of Interest in Real Property.

§ 33103. Attachment of Interest in Real Property.

Such liens shall only attach to the interest in the real

property of the owner of the improvement or for whose benefit

the improvement was constructed; provided that in no event

shall any owner’s interest be subject to a claim of lien based

upon a work of improvement contracted for by a person claiming

an estate under said owner, nor shall such person be deemed that

owner’s agent, where the terms of estate interest of said person

claiming an estate is for a term of at least thirty (30) years from

the commencement of the work of improvement or where the

terms of the estate interest were negotiated at arms length upon

commercially reasonable terms. Such liens are preferred to any

lien, mortgage, or other encumbrance upon the work of

improvement on the site, which attaches subsequent to the

commencement of the work of improvement. The term work of

improvement or site improvement means the entire structure or

scheme of improvement as a whole, except where a project

consists in the construction of two (2) or more separate

residential units, and then each unit shall be considered a

separate work of improvement.