2012 Hawaii Revised Statutes
657. Limitation of Actions
657-33 Action accrues when.

HI Rev Stat § 657-33 (2012) What's This?

Law Journals and Reviews

The Statutory Elements of Hawaii's Adverse Possession Law. 14 HBJ No. 2 Summer 1978, pg. 67.

§657-33 Action accrues when. In the construction of this part, the right to make an entry or commence an action, shall be deemed to have first accrued at the following times:

(1) When any person is disseised, his right of entry or action shall be deemed to have accrued at the time of the disseisin.

(2) When he claims as heir or devisee of one who died seised, his right shall be deemed to have accrued at the time of the death, unless there is an estate by the curtesy or in dower, or some other estate intervening after the death of such ancestor or devisor, in which case his right shall be deemed to have accrued when the intermediate estate shall expire, or when it would have expired by its own limitation.

(3) Where there is such an intermediate estate, and in all other cases, where a party claims in remainder, or reversion, his right so far as it is affected by the limitation herein prescribed, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof, for which he might have entered at an earlier time.

(4) Paragraph (3) shall not prevent any person from entering, when entitled to do so, by reason of any forfeiture or breach of condition, but if he claims under such a title, his right shall be deemed to have accrued when the forfeiture was incurred or condition broken.

(5) In the cases not otherwise specially provided for, the right shall be deemed to have accrued when the claimant, or the person under whom he claims, first became entitled to the possession of the premises under the title upon which the entry or action is founded. [L 1870, c 22, §3; RL 1925, §2659; RL 1935, §3930; RL 1945, §10441; RL 1955, §241-32; HRS §657-33]

Case Notes

Remaindermen and life tenants. 18 H. 625, aff'd 222 U.S. 285.

Entry means entry by claimant personally as well as entry through another. 54 H. 489, 510 P.2d 93.

Cited: 19 H. 602, 605; 19 H. 681, 683.

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