Florence Palting Hair Priscilla Palting Ragland Portia Palting Seely Jeannie Palting Wimett Estate of Mildred Palting v. Marciano v. Pangilinan

Pangilinan asks this court to set aside a decision of the Appellate Division of the United States District Court for the District of Guam that affirmed a judgment of the Guam Superior Court. The Guam court’s decision granted Hair’s claims aris- ' ing from the encroachment on Hair’s lot by Pangilinan’s building in an adjoining lot and from Pangilinan’s use of two other buildings on Hair’s lot. We have jurisdiction under 48 U.S.C. § 1424-3 (c) (Supp. Ill 1985) and determine that the case is appropriate for submission without oral argument. We affirm.

I. BACKGROUND

This dispute concerns the boundaries and use of two adjoining lots in Guam. Pangilinan acquired title to lot 2116 in 1968 and constructed the Guam Tribune Building on that lot shortly thereafter. The adjoining lot, number 2121-1-R3, was part of the estate of Paul D. Palting. In 1975, while the estate was in probate proceedings, Rosalia Palting (an heir and surviving spouse of Paul Palting) entered an agreement with Pangilinan conveying her interest in lot 2121-1-R3 to him for $150,000. Pangilinan and his agents thereafter occupied two buildings on lot 2121-1-R3 at various times until May 1982. At the conclusion of the…