Guam § 62104 - Exemptions: Decedents’ Estates: Parental Division of

§ 62104. Exemptions: Decedents’ Estates: Parental Division of

Property.

(a) Article 5 of this Chapter shall not apply to land which is

an asset of the estate of decedent, provided, however, that, before

the distribution of any such land by the court, the Guam Planner

or Commission may enter his or its appearance and require street

and utility easements on said land to insure lot divisions consistent

with the general plan and with the provisions of § 62501.

(b) Article 5 of this Chapter shall also not apply to land which

has been owned in fee simple by a person who divides said land

among his living children or their descendants by way of inter-

vivos gift; provided, however, that such land shall be deeded to

said children or descendants in fee simple and said deeds shall

contain alienation clauses to the effect that the children or

descendants shall not give, sell, or convey in fee simple such lots

for a period of at least five (5) years; and further provided, that the

Guam Planner or Commission shall require street and utility

easements on said land to insure lot divisions consistent with the

general plan and that the minimum size of each lot, including that

retained by the grantor, if any, shall be no less than seven thousand

two hundred (7,200) square feet. Where the streets and alleys have

not been improved within the subdivision, the subdivider, for the

purposes of having his subdivision map approved and recorded by

Land Management, shall be required either to secure a bond for

the said improvement, or to sign an affidavit stating to the effect

that the said improvement shall be accomplished within a

reasonable period. The government of Guam shall not be held

responsible for making the said improvement. The deed

transferring the property may provide that the children or

descendants may mortgage the property for the purpose of

constructing a residence on the property.