2015 Hawaii Revised Statutes
PART I. GENERAL PROVISIONS
TITLE 28. PROPERTY
501. Land Court Registration
- 501-1 Court; jurisdiction; proceedings; location; rules, practice, etc.
- 501-2 Judges; assignment of cases.
- 501-3 Sessions.
- 501-4 Process.
- 501-5 REPEALED.
- 501-6 Registrar and assistants; appointment, tenure, powers, and duties.
- 501-7 Registrar; powers, duties.
- 501-8 Registrar may act in any circuit.
- 501-9 Assistant registrars; powers.
- 501-10 Registrar and assistants; oath, accounts, absence.
- 501-11 Examiners of title; appointment, removal.
- 501-12 Salaries and expenses.
- 501-13 Validity of facsimile signature.
- 501-20 Definitions.
- 501-20.5 Rules.
- 501-21 Registration application; by whom made.
- 501-22 Filing; memorandum to be recorded.
- 501-23 Application, form, and contents.
- 501-23.5 Disposition of fees received at the bureau of conveyances.
- 501-24 Agent for nonresident.
- 501-25 Application may include several parcels.
- 501-26 Amendments to application.
- 501-27 Land bounded on way.
- 501-28 Plans and muniments.
- 501-29 Land subject to mortgage or lease.
- 501-30 Additional facts.
- 501-31 Transfers pending application; temporary record; final record.
- 501-32 Reference to examiner; report; election to proceed.
- 501-33 Accretion to land.
- 501-41 Notice of application.
- 501-42 Service; return day; further notice.
- 501-43 Guardian ad litem; compensation.
- 501-44 Contests not otherwise represented; duty of attorney general; res adjudicata when.
- 501-45 Answer intervention; surveyor to be heard when.
- 501-46 Default; effect.
- 501-51 Reference to other judges or to master; maps, reference; subdivision; costs; etc.
- 501-52 Powers of the court.
- 501-53 Dismissal; effect; withdrawal, conditions.
- 501-71 Decree of registration; conditional when; quieting title, exceptions; reopened when.
- 501-72 Types of nonabsolute title.
- 501-73 Removing clouds on title.
- 501-74 Decree, contents of.
- 501-75 Transcription of decree in registry; certificate of title.
- 501-81 Legal incidents of registered land.
- 501-82 Tenure of holder of certificate of title.
- 501-83 Certificate effective from transcription.
- 501-83.5 Outstanding owner's duplicate certificates.
- 501-84 Certificates, when two or more owners.
- 501-85 Substitution, one certificate for several, several for one; subdivisions, maps.
- 501-86 Registration runs with land.
- 501-87 No adverse possession or prescription.
- 501-88 Certificate as evidence.
- 501-89 Indexes, record books, etc.
- 501-101 Voluntary dealing with registered lands.
- 501-101.5 Agreements of sale; priority.
- 501-102 Filing liens, etc., notice.
- 501-103 Conveyances of less than fee simple.
- 501-104 Reference of doubtful questions.
- 501-105 Grantee's address, etc., to be stated.
- 501-106 Entry of new certificate.
- 501-107 Entry record; duplicates and certified copies.
- 501-108 Conveyance of fee; procedure.
- 501-109 Portion of registered fee.
- 501-110 Statement of encumbrances.
- 501-131 Transfer in trust; procedure.
- 501-132 Powers to be noted on certificate; construction for court.
- 501-133 New trustee.
- 501-134 Trusts, implied or constructive.
- 501-135 Application by trustee.
- 501-136 Attachment and other liens; filing or recording of.
- 501-137 REPEALED.
- 501-138 Discharge or modification of liens to be recorded.
- 501-139 Assistant registrar as official recorder.
- 501-140 Indorsement of and notices to plaintiff's attorney.
- 501-141 Court orders to be recorded.
- 501-142 Mechanic's lien.
- 501-143 Enforcement of lien.
- 501-144 New certificate after enforcement of lien; tax sale.
- 501-151 Pending actions, judgments; recording of, notice.
- 501-152 Certificate of judgment for defendant.
- 501-153 Certificate of judgment for plaintiff.
- 501-154 Writ of possession, service, time limit for registration.
- 501-155 Judgment directing conveyance.
- 501-156 Partition.
- 501-157 Reregistration of mortgage or lease after partition.
- 501-158 Notice of bankruptcy proceedings.
- 501-159 Decree of discharge.
- 501-171 Registration upon transfer by descent and devise.
- 501-172 License to sell or mortgage, not affected.
- 501-173 Purchaser acquiring title through personal representative may have the same registered.
- 501-174 Power of attorney; registration necessary.
- 501-211 Fees required for protection against loss or damage.
- 501-212 Actions for compensation for fraud, mistake, etc.
- 501-213 Action, parties defendant.
- 501-214 Judgments, how satisfied.
- 501-215 Subrogation in favor of State.
- 501-216 State, not liable when.
- 501-217 Limitation of actions.
- 501-218 Schedule of fees; authority to amend.
- 501-219 Sale of land court maps.
- 501-231 Family child care homes; permitted use in residential areas.
- 501-232 Prohibition of transfer fees.
- 501-241 Leasehold time share interests.
- 501-242 Status of leasehold time share interest as real property.
- 501-243 Dual recording involving leasehold time share interests.
- 501-244 Assignment of leasehold time share interest.
- 501-245 Reference to recorded instruments pertaining to leasehold time share interests.
- 501-246 Legal incidents of a leasehold time share interest.
- 501-247 Voluntary dealing with a leasehold time share interest.
- 501-248 Jurisdiction for matters pertaining to leasehold time share interests.
- 501-261 Deregistration of fee time share interests.
- 501-261.5 Deregistration of registered land other than fee time share interests.
- 501-262 Effect of deregistration.
- 501-263 Effect of deregistration in specific cases.
- 501-264 Chain of title of deregistered land.
- 501-265 Status of fee time share interest and other interest in deregistered land as real property.
- 501-266 Dual recording involving deregistered land.
- 501-267 Reference to prior recorded instrument.
- 501-268 Legal incidents of deregistered land.
- 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.
Nonconsensual common law liens, see chapter 507D.
Rules of Court
See Rules of the Land Court; applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(1), (d), (f), (g), (h).
Law Journals and Reviews
Constructive Trust: An Equitable Doctrine for Protecting and Establishing Legal Interests in Real Property. II HBJ No. 13, at pg. 121.
Act 73, L 2003, by declaring accreted land to be "public land" and prohibiting littoral owners from registering existing accretion under this chapter and/or quieting title under chapter 669, permanently divested a littoral owner of his or her ownership rights to any existing accretions to oceanfront property that were unregistered or unrecorded as of the effective date of Act 73 or for which no application for registration or petition to quiet title was pending; thus, Act 73 effectuated a permanent taking of such accreted lands without just compensation in violation of article I, 20 of the Hawaii constitution. 122 H. 34 (App.), 222 P.3d 441 (2009).
Act 73, L 2003, by declaring accreted land to be "public land" and prohibiting littoral owners from registering future accretion under this chapter and/or quieting title under chapter 669, did not effectuate a taking of future accreted lands without just compensation in violation of article I, 20 of the Hawaii constitution where plaintiffs had no vested right to future accretions to their oceanfront land that may never materialize. 122 H. 34 (App.), 222 P.3d 441 (2009).
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