2015 Hawaii Revised Statutes
TITLE 28. PROPERTY
501. Land Court Registration
501-269 Jurisdiction for matters pertaining to deregistered land.

Note

The $5 recording fee for deregistered land transactions is repealed on adoption of administrative rules.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 matters pertaining to deregistered land. The land court shall have jurisdiction over all matters relating to instruments required by this part to be registered pursuant to this chapter. Where any party is in doubt as to whether an instrument must be registered, the question shall be referred to the land court for decision; and the court, after notice to all parties and a hearing, shall enter an order determining the question. Notice to the owner of a fee time share interest shall be given by mailing notice to the association of time share owners required to be established pursuant to section 514E-29, and the association shall represent the owners in any matters and proceedings, without prejudice to the right of any individual owner to appear and be heard as a separate party. Except as expressly provided in this section, nothing in this part shall deprive the land court of exclusive jurisdiction pursuant to section 501-1 over registered land, or any interest therein, other than registered land that becomes deregistered land. The circuit court shall have jurisdiction, pursuant to section 603-21.5(a)(3), over:

(1) All matters relating to instruments required by this part to be recorded pursuant to chapter 502;

(2) All other matters pertaining to deregistered land (except those in which jurisdiction is vested in the land court pursuant to this section); and

(3) All matters as to which jurisdiction would otherwise lie in the land court in part and in the circuit court in part. [L 2009, c 120, pt of §2, §21; am L 2013, c 119, §11]