GCA Title 7, Chapter 11
7 GCA CIVIL PROCEDURE CH. 11 TIME FOR COMMENCING ACTIONS
CHAPTER 11 TIME FOR COMMENCING ACTIONS
ARTICLE 1 TIME OF COMMENCING ACTIONS GENERALLY
§ 11101. Time of Commencing Actions.
Civil actions, without exception, can only be commenced within the periods prescribed in this Chapter, after the cause of action shall have accrued, unless where, in special cases, a different limitation is prescribed by law. SOURCE: CCP § 312.
ARTICLE 2
COMMENCING ACTIONS FOR RECOVERY OF REAL PROPERTY
§ 11201. When Government of Guam Will Not Sue.
The government of Guam will not sue any person for or in respect to any real property, or the issue or profits thereof, by reason of the right or title of the government of Guam to the same, unless: (a) Such right or title or cause of action shall have accrued within ten years before any action or other proceeding for the same is commenced; or, (b) The government of Guam, or those from whom they claim, shall have received the rents and profits of such real property, or some part thereof, within the space of ten years; or, (c) I Maga’hågan/Maga’låhen Guåhan by special order shall direct an action to be brought. SOURCE: CCP § 315. 2024 NOTE: Reference to the ‘Governor of Guam’ replaced with I Maga’hågan/Maga’låhen Guåhan pursuant to 5 GCA § 1510. 2016 NOTE: Subsection designations were altered to adhere to the Compiler’s codification and alpha-numeric schemes pursuant to authority granted by 1 GCA § 1606. COURT DECISIONS: Where the government of Guam received title from the United States under the Organic Act, this Section (old § 315) cannot apply to such period before Guam acquired title, as this Section cannot apply to the United States. Government of Guam v. Gutierrez , D.C. Guam, App. Div. (1959), 1 Guam R. 49. Section 11201 (old § 315) cited and difference between it and Calif. CCP § 315 noted. In re application of Anderson Iglesias , 1 Guam R. 129, 143 (1963).
§ 11202. Action Not to Be Brought by Grantee from Government.
No action can be brought for, or in respect to, real property by any person claiming under letters patent, or grants from any government of Guam, unless the same might have been commenced by the government of Guam as herein specified, in case such patent had not been issued or grant made. SOURCE : CCP § 316. 2024 NOTE: Reference to ‘territory’ replaced with ‘Guam’ pursuant to 1 GCA § 420.
§ 11203. Actions to Be Brought Within Five Years.
When letters patent or grants of real property issued or made by the government of Guam, or any previous government of Guam, are declared void by the determination of a competent court, an action for the recovery of the property so conveyed may be brought, either by the government of Guam, or by any subsequent patentee or grantee of the property, his heirs, or assigns, within five years after such determination, but not after that period. SOURCE: CCP § 317.
§ 11204. Limitation of Actions Relating to Registered Land.
No person shall commence any action at law or in equity for the recovery of land, or assert any interest in or right in or lien or demand upon the same, or make entry thereon adversely to the title of interest certified in the certificate of title bringing the land under the operation of the Land Title Registration Act after one (1) year following the first registration, providing said first registration is not void for any of the reasons set forth in 21 GCA § 29139. It shall be an exception to this rule that the person entitled to bring the action or make the entry is deceased, an infant, lunatic or is under any disability, but action may be brought by such person by his next kin or guardian or by the administrator or the executor of the deceased person. It shall be the duty of the guardian, if there is any, to bring action in the name of his ward whenever it is necessary to preserve or enforce the ward’s rights in registered land, provided, however, before such action shall proceed, it must be made to appear to the court that the person bringing such action or those under whom he claims, had no actual notice of the proceedings to register such lands in time to appear and file an objection or a service claim. The provisions of this Section shall in no way affect or disturb the rights of any person in said land acquired subsequent to the registration there-of, modified and without knowledge and for a valuable consideration. SOURCE: § 1157.14, Civil Code (Land Title Registration Act) [21 GCA § 29146]. COMMENT: In enacting the Land Title Registration Act, § 1157.44 was included as a separate statute of limitations relative to registered titles. It seems best to place all such statutes of limitations in one Chapter and Article to avoid confusion. This is particularly the case since what is now the Civil Code of Guam will be replaced by new Titles conforming to the concepts of the Guam Code Annotated. CROSS-REFERENCES: 21 GCA § 29136 prohibits title to registered land to be gained by adverse possession.
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7 GCA CIVIL PROCEDURE CH. 11 TIME FOR COMMENCING ACTIONS
COURT DECISIONS: See Sauget v Villagomez , (1955) 228 F.2d. 374.
§ 11205. When Seizin Necessary Within 5 years.
No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appears that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the property in question, within five years before the commencement of the action. SOURCE: CCP § 318. NOTE: Section § 11212 of this Chapter provides that no adverse possession may be used to acquire title unless all taxes have been paid on the land claimed.
§ 11206. When Such Seizin Necessary.
No cause of action, or defense to an action, arising out of the title to real property or to rents or profits out of the same, can be effectual, unless it appears that the person prosecuting the action, or making the defense, or, under whose title the action is prosecuted, or the defense is made, or the ancestor, predecessor, or grantor of such person was seized or possessed of the premises in question within five years before the commencement of the act in respect to which such action is prosecuted or defense made. Provided that no cause of action, or defense to an action, arising out of the right in the nature of a public road, thoroughfare or highway which is acquired by the adverse and notorious use of any person or persons, can be effectual unless it appears that the person prosecuting the action, or making the defense, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within six years before the commencement of the act in respect to which such action is prosecuted or defense made. SOURCE: CCP § 319; amended by P.L. 3-073 (June 25, 1956). Calif. CCP § 319 similar, but omits reference to adverse possession of road, etc.
§ 11207. Entry on Real Estate.
No entry upon real estate is deemed sufficient or valid as a claim, unless an action be commenced thereupon within one year after making such entry, and within five years from the time when the right to make it descended or accrued. SOURCE: CCP § 320.
§ 11208. Possession, When Presumed. Occupation, When Deemed Legal.
In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title, unless it appears that the property has been held and possessed adversely to such legal title for five years before the commencement of the action. SOURCE: CCP § 321.
§ 11209. Adverse Possession Under Judgment or Writing.
When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a conveyance of the property in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the property included in such instrument, decree, or judgment, or of some part of the property, under such claim, for five years, the property so included is deemed to have been held adversely, except that when it consists of a tract divided into lots, the possession of one lot is not deemed a possession of any other lot of the same tract. SOURCE: CCP § 322.
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COURT DECISIONS: For discussion of this Section (old § 322) see Pangelinan, et al v. Sablan , D.C. Guam, App. Div., D.C. App. 77-9A (1979).
§ 11210. What Is Adverse Possession Under Written Instrument or Judgment.
For the purpose of constituting an adverse possession, by any person claiming a title founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in the following cases:
- (a) Where it has been usually cultivated or improved.
- (b) Where it has been protected by a substantial enclosure.
- (c) Where, although not enclosed, it has been used for the supply of fuel, or of fencing timber for the purposes of husbandry, or for pasturage, or for the ordinary use of the occupant. (d) Where a known farm or single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not enclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated. SOURCE: CCP § 323. 2016 NOTE: Subsection designations were altered to adhere to the Compiler’s codification and alpha-numeric schemes pursuant to authority granted by 1 GCA § 1606.
§ 11211. Adverse Possession: Premises Actually Occupied Under Claim of Title.
Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment, or decree, the land so actually occupied, and no other, is deemed to have been held adversely. SOURCE : CP § 324. COMMENT: Court cases have long established that adverse possession cannot be made to obtain title in land owned by the government of Guam. See In re application of Andersen Iglesias , 1 Guam R. 129, 142.
§ 11212. Adverse Possession Under Claim Not in Writing.
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 GCA § 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
7 GCA CIVIL PROCEDURE CH. 11 TIME FOR COMMENCING ACTIONS
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.
§ 11214. Right of Possession Not Affected by Descent Cast.
The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of such property. SOURCE: Guam CCP § 327.
§ 11215. Certain Disabilities Excluded from Time to Commence Actions.
If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property, or to rents or services out of the same is, at the time such title first descends or accrues, either:
- (a) Under the age of majority; or
- (b) Insane; the time, not exceeding twenty (20) years, during which such disability continues is not deemed any portion of the time in this Article limited for the commencement of such action, or the making of such entry or defense, but such action may be commenced or entry or defense made, within the period of five years after such disability shall cease, or after the death of the person entitled, who shall die under such disability, but such action shall not be commenced, or entry or defense made, after that period. SOURCE: Guam CCP § 328; amended by P.L. 13-187:26 (Sept. 2, 1976). 2016 NOTE : Subsection designations were altered to adhere to the Compiler’s codification and alpha-numeric schemes pursuant to authority granted by 1 GCA § 1606. COMMENT: The amendment deleted, as a disability the former reference to incarceration for crime. This was to conform to the passage of Titles 8 and 9 of this Code, dealing with Criminal Procedure and Crimes, respectively.
ARTICLE 3 TIME FOR COMMENCING ACTIONS FOR OTHER THAN REAL PROPERTY
- § 11301. Periods of Limitations Prescribed.
- § 11301.1. No Limit for Child Sexual Abuse.
- § 11302. Within Five Years -.
- § 11303. Within Four Years -.
- § 11304. Book Account Defined.
- § 11305. Within Three Years -.
- § 11306. Within Two Years -.
- § 11306.1. Certificates of Merit. [Repealed]
- § 11307. Within One Year -.
- § 11308. Action to Recover Damages for Injuries.
- § 11309. Limitations on Actions Regarding Patent Deficiencies in Improvements in Real Estate.
- § 11310. Limitation on Actions - Latent Deficiencies in Improvements in Real Property.
- § 11311. Within Six (6) Months.
- § 11311.1. Inverse Condemnation.
- § 11312. Actions for Relief Not Otherwise Provided For.
- § 11313. Cause of Action Upon a Mutual Account.
- § 11314. Limitation on Actions by Government.
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- § 11315. Actions to Redeem Certain Mortgages.
- § 11316. Where There is More than One Mortgage.
- § 11317. No Limitations; Action to Recover