Hawaii Revised Statutes 501. Land Court Registration
PART I. GENERAL PROVISIONS
- 501-1 Court; Jurisdiction; Proceedings; Location; Rules, Practice, Etc.
Sections 501-1 to 501-248 designated as Part I by L 2009, c 120, §3. LAND COURT; PERSONNEL §501-1 Court; jurisdiction; proceedings; location; rules, practice,...
- 501-2 Judges; Assignment of Cases.
Sections 501-1 to 501-248 designated as Part I by L 2009, c 120, §3. LAND COURT; PERSONNEL §501-2 Judges; assignment of cases. The administrative...
- 501-3 Sessions.
Sections 501-1 to 501-248 designated as Part I by L 2009, c 120, §3. LAND COURT; PERSONNEL §501-3 Sessions. The judge shall so arrange...
- 501-4 Process.
Sections 501-1 to 501-248 designated as Part I by L 2009, c 120, §3. LAND COURT; PERSONNEL §501-4 Process. Citations, orders of notice, and...
- 501-5 Repealed.
Sections 501-1 to 501-248 designated as Part I by L 2009, c 120, §3. LAND COURT; PERSONNEL §501-5 REPEALED. L 1984, c 102, §2.
- 501-6 Registrar and Assistants; Appointment, Tenure, Powers, and Duties.
Sections 501-1 to 501-248 designated as Part I by L 2009, c 120, §3. LAND COURT; PERSONNEL §501-6 Registrar and assistants; appointment, tenure, powers,...
- 501-7 Registrar; Powers, Duties.
Sections 501-1 to 501-248 designated as Part I by L 2009, c 120, §3. LAND COURT; PERSONNEL §501-7 Registrar; powers, duties. The registrar shall...
- 501-8 Registrar May Act in Any Circuit.
Sections 501-1 to 501-248 designated as Part I by L 2009, c 120, §3. LAND COURT; PERSONNEL §501-8 Registrar may act in any circuit....
- 501-9 Assistant Registrars; Powers.
Sections 501-1 to 501-248 designated as Part I by L 2009, c 120, §3. LAND COURT; PERSONNEL §501-9 Assistant registrars; powers. The registrar of...
- 501-10 Registrar and Assistants; Oath, Accounts, Absence.
Sections 501-1 to 501-248 designated as Part I by L 2009, c 120, §3. LAND COURT; PERSONNEL §501-10 Registrar and assistants; oath, accounts, absence....
- 501-11 Examiners of Title; Appointment, Removal.
Sections 501-1 to 501-248 designated as Part I by L 2009, c 120, §3. LAND COURT; PERSONNEL §501-11 Examiners of title; appointment, removal. The...
- 501-12 Salaries and Expenses.
Sections 501-1 to 501-248 designated as Part I by L 2009, c 120, §3. LAND COURT; PERSONNEL §501-12 Salaries and expenses. The judge of...
- 501-13 Validity of Facsimile Signature.
Sections 501-1 to 501-248 designated as Part I by L 2009, c 120, §3. LAND COURT; PERSONNEL [§501-13] Validity of facsimile signature. A facsimile...
COMMENCEMENT OF LAND REGISTRATION PROCEDURE
- 501-20 Definitions.
As used in this chapter, unless the context otherwise requires: "Apartment lease" means an apartment or unit lease, a condominium conveyance document, an apartment...
- 501-20.5 Rules.
The supreme court of the State of Hawaii shall adopt, amend, and repeal rules relating to the processing of land court documents and instruments....
- 501-21 Registration Application; by Whom Made.
Application for registration of title may be made by: (1) The persons who claim, singly or collectively, to own the legal estate or easements...
- 501-22 Filing; Memorandum to Be Recorded.
The application shall be filed with the registrar. Upon filing the application the applicant shall forthwith cause to be filed in the bureau of...
- 501-23 Application, Form, and Contents.
The application shall be in writing, signed, and sworn to by the applicant or by some person duly authorized in the applicant's behalf. If...
- 501-23.5 Disposition of Fees Received At the Bureau of Conveyances.
Notwithstanding any other law to the contrary, of the fees received at the bureau of conveyances, the registrar of conveyances shall deposit to the...
- 501-24 Agent for Nonresident.
If the applicant is not a resident of the State, the applicant shall file with the applicant's application a paper appointing an agent residing...
- 501-25 Application May Include Several Parcels.
An application may include two or more parcels of land in which the applicant claims the same interests; provided that all parcels must be...
- 501-26 Amendments to Application.
Amendments to the application, including joinder, substitution, or discontinuing as to parties, shall be allowed by the court at any time upon terms that...
- 501-27 Land Bounded on Way.
If the application describes the land as bounded on a public or private way, it shall state whether or not the applicant claims any...
- 501-28 Plans and Muniments.
The applicant shall file with the application a plan of the land, and all original muniments of title within the applicant's control mentioned in...
- 501-29 Land Subject to Mortgage or Lease.
When an application is made subject to an existing recorded mortgage, or to a recorded lease for a term exceeding one year, or when...
- 501-30 Additional Facts.
The rules of court may require facts to be stated in the application in addition to those prescribed by this chapter, and not inconsistent...
- 501-31 Transfers Pending Application; Temporary Record; Final Record.
After the filing of an application, and before registration, the land therein described may be dealt with and instruments relating thereto shall be recorded...
- 501-32 Reference to Examiner; Report; Election to Proceed.
Immediately after the filing of an application the court shall enter an order referring it to one of the examiners of title, who shall...
- 501-33 Accretion to Land.
Accretion, see RLC rule 26; maps, see RLC rule 105. Case Notes Cited: 73 H. 297, 832 P.2d 724.
NOTICE AFTER REPORT
- 501-41 Notice of Application.
If, in the opinion of the examiner, the applicant has a good title as alleged, and proper for registration, or, if the applicant after...
- 501-42 Service; Return Day; Further Notice.
The return day of the notice shall be not less than twenty, nor more than sixty days from the date of issue. The court...
- 501-43 Guardian Ad Litem; Compensation.
Upon the return of the notice and upon proof of service of all orders of notice issued, the court may appoint a disinterested person...
- 501-44 Contests Not Otherwise Represented; Duty of Attorney General; Res Adjudicata When.
Whenever there are grounds for contesting an application to have the title to land registered and the grounds or any of them are not...
- 501-45 Answer Intervention; Surveyor to Be Heard When.
Any person claiming an interest, whether named in the notice or not, may appear and file an answer on or before the return day,...
- 501-46 Default; Effect.
If no person appears and answers within the time allowed, the court may at once, upon motion of the applicant and no reason to...
HEARINGS AND POWERS
- 501-51 Reference to Other Judges or to Master; Maps, Reference; Subdivision; Costs; Etc.
If in any case an appearance is entered and answer filed, the cause shall be set down for hearing on the motion of either...
- 501-52 Powers of the Court.
The court may make and award all such judgments, decrees, orders, and mandates, issue all such executions, writs of possession, and other processes, and...
- 501-53 Dismissal; Effect; Withdrawal, Conditions.
If the court finds that the applicant has not title proper for registration, a decree shall be entered dismissing the application and the decree...
REVIEW OF DECISIONS AND DECREES
- 501-61, 62 Repealed.
L 1984, c 102, §§4, 5.
- 501-63 Repealed.
L 2004, c 3, §4. Note L 2004, c 202, §53, as amended by L 2006, c 94, §1, purports to amend this section.
- 501-64 Enforcement of Decrees; Bailiff.
The court, in all matters over which it has jurisdiction, may enforce its orders or decrees in the same manner as decrees are enforced...
DECREES
- 501-71 Decree of Registration; Conditional When; Quieting Title, Exceptions; Reopened When.
(a) If the court after a hearing finds that the applicant, at the time of filing an application, or subsequently, had title, as stated...
- 501-72 Types of Nonabsolute Title.
Possessory title. When a possessory title only is required, the applicant may be registered as the owner of the fee simple on giving such...
- 501-73 Removing Clouds on Title.
The court may remove clouds on titles and may find and decree in whom the title or any interest, legal or equitable, in land...
- 501-74 Decree, Contents Of.
Every decree of registration shall bear the date of the year, day, hour, and minute of its entry, and shall be signed by the...
- 501-75 Transcription of Decree in Registry; Certificate of Title.
Immediately upon the entry of the decree of registration the registrar shall send a certified copy thereof, under the seal of the court, to...
LEGAL INCIDENTS OF REGISTERED LAND
- 501-81 Legal Incidents of Registered Land.
Registered land, and ownership therein, shall in all respects be subject to the same burdens and incidents which attach by law to unregistered land....
- 501-82 Tenure of Holder of Certificate of Title.
(a) Every applicant receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser of registered land who takes...
- 501-83 Certificate Effective From Transcription.
The certificate first registered in pursuance of a decree of registration in regard to any parcel of land shall be entitled in the registration...
- 501-83.5 Outstanding Owner's Duplicate Certificates.
No owner's duplicate certificates of title shall be issued after June 14, 1988, whether the deed or other instrument upon which such would have...
- 501-84 Certificates, When Two or More Owners.
Where two or more persons are registered owners under any tenancy, one certificate shall be issued for the whole land. Any conveyance of fee...
- 501-85 Substitution, One Certificate for Several, Several for One; Subdivisions, Maps.
A registered owner of several distinct parcels of land covered by one certificate of title may, with the approval of the court, have that...
- 501-86 Registration Runs With Land.
The obtaining of a decree of registration, and the entry of a certificate of title, shall be regarded as an agreement running with the...
- 501-87 No Adverse Possession or Prescription.
No title, right, or interest in, to, or across registered land in derogation of that of the registered owner shall be acquired by prescription...
- 501-88 Certificate As Evidence.
The original certificate in the registration book, and any copy thereof duly certified under the signature of the registrar or assistant registrar, and the...
- 501-89 Indexes, Record Books, Etc.
The registrar, under the direction of the court, shall make and keep indexes of all applications and of all decrees of registration, and shall...
VOLUNTARY DEALING WITH LAND AFTER
ORIGINAL REGISTRATION
- 501-101 Voluntary Dealing With Registered Lands.
An owner of registered land may convey, mortgage, lease, charge, or otherwise deal with the same as fully as if it had not been...
- 501-101.5 Agreements of Sale; Priority.
(a) The rights of a buyer under an agreement of sale which has been duly filed and noted on the certificate of title in...
- 501-102 Filing Liens, Etc., Notice.
(a) Every conveyance, lien, attachment, order, decree, instrument, or entry affecting registered land, which would under existing laws, if recorded, filed, or entered in...
- 501-103 Conveyances of Less Than Fee Simple.
No new certificate shall be entered or issued upon any transfer of registered land which does not divest the title in fee simple from...
- 501-104 Reference of Doubtful Questions.
Where the assistant registrar is in doubt upon any question, or where any party in interest does not agree as to the proper memorandum...
- 501-105 Grantee's Address, Etc., to Be Stated.
Every deed or other voluntary instrument presented for recording shall contain or have indorsed upon it the full name or names, if more than...
- 501-106 Entry of New Certificate.
(a) No new certificate of title shall be entered, and no memorandum shall be made upon any certificate of title by the registrar or...
- 501-107 Entry Record; Duplicates and Certified Copies.
The assistant registrar shall keep a record in which shall be entered all deeds and other voluntary instruments, and all copies of writs or...
- 501-108 Conveyance of Fee; Procedure.
(a) An owner desiring to convey in fee registered land or any portion thereof shall execute a deed of conveyance, which the grantor or...
- 501-109 Portion of Registered Fee.
When a deed in fee is for part only of the land described in a certificate of title the assistant registrar shall also enter...
- 501-110 Statement of Encumbrances.
If at the time of any transfer there appears upon the registration book encumbrances or claims adverse to the title of the registered owner,...
MORTGAGES
- 501-116 Mortgage Registration Necessary.
Registered land, see §506-6. Special mortgage recording fee, see §431P-16. §501-116 Mortgage registration necessary. The owner of any interest in registered land may mortgage...
- 501-117 Procedure.
Registered land, see §506-6. Special mortgage recording fee, see §431P-16. §501-117 Procedure. Registration of a mortgage shall be made in the manner following: the...
- 501-118 Foreclosure.
Registered land, see §506-6. Special mortgage recording fee, see §431P-16. §501-118 Foreclosure. Mortgages of registered land may be foreclosed like mortgages of unregistered land....
LEASES
TRUSTS
- 501-131 Transfer in Trust; Procedure.
Whenever a deed or other instrument is filed or recorded for the purpose of transferring registered land in trust, or upon any equitable condition...
- 501-132 Powers to Be Noted on Certificate; Construction for Court.
If the instrument creating or declaring a trust or other equitable interest contains an express power to sell, mortgage, or deal with the land...
- 501-133 New Trustee.
When a new trustee of registered land is appointed either by any court or otherwise, a new certificate may be entered upon presentation to...
- 501-134 Trusts, Implied or Constructive.
Whoever claims an interest in registered land by reason of any implied or constructive trust shall file or record for registration a statement thereof...
- 501-135 Application by Trustee.
Any trustee may file an application for registration of any land held in trust by the trustee, unless expressly prohibited by the instrument creating...
- 501-136 Attachment and Other Liens; Filing or Recording Of.
In every case where a writing of any description or a copy of any writ is required by law to be filed or recorded...
- 501-137 Repealed.
L 1988, c 346, §15.
- 501-138 Discharge or Modification of Liens to Be Recorded.
Attachments on mesne process and liens of every description upon registered land shall be continued, reduced, discharged, and dissolved by any method sufficient in...
- 501-139 Assistant Registrar As Official Recorder.
All the provisions of law relating to attachments of real estate and leasehold estates on mesne process apply to registered land, except that the...
- 501-140 Indorsement of and Notices to Plaintiff's Attorney.
The name and address of the plaintiff's attorney shall in all cases be indorsed upon the writ, where an attachment is made. The attorney...
- 501-141 Court Orders to Be Recorded.
Whenever an attachment on mesne process is continued, reduced, dissolved, or otherwise affected by an order, decision, or judgment of the court in which...
- 501-142 Mechanic's Lien.
When a mechanic's lien or lien for labor and materials is claimed upon registered and unregistered land, and the notice required by law is...
- 501-143 Enforcement of Lien.
A lien of any description upon registered land shall be enforced in the same manner as like liens upon unregistered land. Whenever registered land...
- 501-144 New Certificate After Enforcement of Lien; Tax Sale.
After registered land has been sold on any execution, or taken or sold for the enforcement of any lien of any description, the person...
PENDING ACTIONS; JUDGMENTS AND PARTITIONS; RECORDING
- 501-151 Pending Actions, Judgments; Recording Of, Notice.
No writ of entry, action for partition, or any action affecting the title to real property or the use and occupancy thereof or the...
- 501-152 Certificate of Judgment for Defendant.
At any time after final judgment in favor of the defendant, or other disposition of any case in which a memorandum has been registered...
- 501-153 Certificate of Judgment for Plaintiff.
Whenever in any action affecting registered land, judgment is entered for the plaintiff, except in actions relating to terms of less than one year,...
- 501-154 Writ of Possession, Service, Time Limit for Registration.
[Repeal and reenactment on June 30, 2020. L 2015, c 101, §4.] When in any action in the nature of an action of ejectment...
- 501-155 Judgment Directing Conveyance.
Any judgment of a court of competent jurisdiction, whether a federal court or a court of the State of Hawaii, affecting title or rights...
- 501-156 Partition.
In an action for partition of registered land, after the entry of the final judgment of partition and the acceptance of the report of...
- 501-157 Reregistration of Mortgage or Lease After Partition.
When a certified copy of a judgment for partition and of the return of the commissioners, if any, is presented for registration, if a...
- 501-158 Notice of Bankruptcy Proceedings.
Whenever a petition in bankruptcy which contains or has indorsed upon it a reference to the number of the certificate of title of the...
- 501-159 Decree of Discharge.
Whenever proceedings in bankruptcy against a registered owner of which notice has been registered, are vacated, or when the court of bankruptcy orders a...
EMINENT DOMAIN; RECORDING
DESCENT AND DEVISE
- 501-171 Registration Upon Transfer by Descent and Devise.
(a) When the owner of registered land, or of any estate or interest therein, dies, having devised the same by will, the person or...
- 501-172 License to Sell or Mortgage, Not Affected.
Nothing in this chapter shall in any way affect or impair the jurisdiction of a circuit court to license a guardian to sell, mortgage,...
- 501-173 Purchaser Acquiring Title Through Personal Representative May Have the Same Registered.
If any personal representative is authorized by the terms of any will to grant, bargain, sell, convey, mortgage, or otherwise deal with registered land,...
- 501-174 Power of Attorney; Registration Necessary.
Any person may by attorney procure land to be registered and convey or otherwise deal with registered land, but the letters of attorney shall...
LOST DUPLICATE CERTIFICATES
ADVERSE CLAIMS AFTER ORIGINAL REGISTRATION
COMPELLING SURRENDER OF DUPLICATE CERTIFICATE
AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE
SERVICE OF NOTICE AFTER REGISTRATION
FEES AND ACTIONS FOR RECOVERY OF LOSS
- 501-211 Fees Required for Protection Against Loss or Damage.
There shall be paid to the registrar upon the original registration of land under this chapter, under absolute or qualified ownership, one-tenth of one...
- 501-212 Actions for Compensation for Fraud, Mistake, Etc.
Any person who, without negligence on the person's part, sustains loss or damage, or is deprived of land or of any estate or interest...
- 501-213 Action, Parties Defendant.
If any contract claim is prosecuted to recover for loss or damage, or for deprivation of land, or of any estate or interest therein,...
- 501-214 Judgments, How Satisfied.
When there are defendants other than the director of finance, and where judgment is entered for the plaintiff against the director and against some...
- 501-215 Subrogation in Favor of State.
In every case where payment has been made by the director of finance under warrant from the governor, the State shall be subrogated to...
- 501-216 State, Not Liable When.
The State shall not be liable to pay for any loss, damage, or deprivation occasioned by a breach of trust, whether expressed, implied, or...
- 501-217 Limitation of Actions.
All actions on contract claims for compensation under this chapter by reason of any loss or damage or deprivation of land, or any estate...
- 501-218 Schedule of Fees; Authority to Amend.
(a) The fees payable under this chapter are as follows: (1) For every application filed pursuant to this chapter, including indexing and recording the...
- 501-219 Sale of Land Court Maps.
The department of accounting and general services may sell land court maps, for a reasonable fee as established by rules adopted under chapter 91....
PENALTY
MISCELLANEOUS PROVISIONS
LEASEHOLD TIME SHARE INTERESTS
- 501-241 Leasehold Time Share Interests.
(a) Except as otherwise expressly provided in this part, the requirements of chapter 502 shall apply to a leasehold time share interest and the...
- 501-242 Status of Leasehold Time Share Interest As Real Property.
Nothing in this part shall affect the status of a leasehold time share interest as real property. [L 1998, c 219, pt of §1]
- 501-243 Dual Recording Involving Leasehold Time Share Interests.
Nothing in this part shall prevent or prohibit the registration of an instrument which assigns or affects both: (1) One or more leasehold time...
- 501-244 Assignment of Leasehold Time Share Interest.
Any instrument which first assigns or otherwise conveys a leasehold time share interest shall refer to the land court document number of the apartment...
- 501-245 Reference to Recorded Instruments Pertaining to Leasehold Time Share Interests.
Any instrument assigning, conveying, or otherwise dealing with a leasehold time share interest and which requires a reference to a prior recorded instrument may...
- 501-246 Legal Incidents of a Leasehold Time Share Interest.
A leasehold time share interest, and ownership therein, shall in all respects be subject to the same burdens and incidents which attach by law...
- 501-247 Voluntary Dealing With a Leasehold Time Share Interest.
(a) Except as otherwise provided in this part, an owner of a leasehold time share interest may convey, mortgage, sublease, charge, or otherwise deal...
- 501-248 Jurisdiction for Matters Pertaining to Leasehold Time Share Interests.
The land court shall have jurisdiction over all matters relating to instruments required by this part to be registered pursuant to this chapter. Where...
Part II. DEREGISTRATION
- 501-261 Deregistration of Fee Time Share Interests.
The $5 recording fee for deregistered land transactions is repealed on adoption of administrative rules. L 2009, c 120, §§16, 21. §501-261 Deregistration of...
- 501-261.5 Deregistration of Registered Land Other Than Fee Time Share Interests.
The $5 recording fee for deregistered land transactions is repealed on adoption of administrative rules. L 2009, c 120, §§16, 21. [§501-261.5] Deregistration of...
- 501-262 Effect of Deregistration.
The $5 recording fee for deregistered land transactions is repealed on adoption of administrative rules. L 2009, c 120, §§16, 21. §501-262 Effect of...
- 501-263 Effect of Deregistration in Specific Cases.
The $5 recording fee for deregistered land transactions is repealed on adoption of administrative rules. L 2009, c 120, §§16, 21. §501-263 Effect of...
- 501-264 Chain of Title of Deregistered Land.
The $5 recording fee for deregistered land transactions is repealed on adoption of administrative rules. L 2009, c 120, §§16, 21. §501-264 Chain of...
- 501-265 Status of Fee Time Share Interest and Other Interest in Deregistered Land As Real Property.
The $5 recording fee for deregistered land transactions is repealed on adoption of administrative rules. L 2009, c 120, §§16, 21. [§501-265] Status of...
- 501-266 Dual Recording Involving Deregistered Land.
The $5 recording fee for deregistered land transactions is repealed on adoption of administrative rules. L 2009, c 120, §§16, 21. [§501-266] Dual recording...
- 501-267 Reference to Prior Recorded Instrument.
The $5 recording fee for deregistered land transactions is repealed on adoption of administrative rules. L 2009, c 120, §§16, 21. [§501-267] Reference to...
- 501-268 Legal Incidents of Deregistered Land.
The $5 recording fee for deregistered land transactions is repealed on adoption of administrative rules. L 2009, c 120, §§16, 21. [§501-268] Legal incidents...
- 501-269 Jurisdiction for Matters Pertaining to Deregistered Land.
The $5 recording fee for deregistered land transactions is repealed on adoption of administrative rules. L 2009, c 120, §§16, 21. [§501-269] Jurisdiction for...
Last modified: October 27, 2016