Malulani Group, Ltd. v. Kaupo Ranch, LTDAnnotate this Case
The Supreme Court affirmed the circuit court’s grant of partial summary judgment to Plaintiff on remand from a decision by the intermediate court of appeals (ICA) in Plaintiff’s favor on two issues relating to the existence of an implied easement from a landlocked parcel of land to the nearest road.
The ICA held (1) the “unity of ownership” element for an implied easement may be satisfied by the Kingdom of Hawaii’s ownership of the two parcels prior to severance; and (2) the statute of limitations in Haw. Rev. Stat. 657-31 does not apply to implied easements, as in this case, but only to easements by prescription. The Supreme Court affirmed the circuit court’s grant of summary judgment on each issue, holding that the ICA did not err in its judgment.