Title 28, Property

§501-21 Registration application; by whom made. Application for registration of title may be made by: The basis for determining the fees payable in the registration of the easements and rights above stated shall, instead of the assessed valuation, be the value of the same as foun…

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 per cent of the assessed val…

§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 therein, after the original registration of land under this chapter, by the registratio…

§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, arising wholly through fraud, negligence, omission, mistake, or misfeasance of the registrar, assistant registr…

§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 or all of the other defendants, execution shall issue against the other defendants and be levied …

§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 all rights of the plaintiff against any other parties or securities, and the director shall enforce the s…

§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 constructive, by any registered owner who is a trustee, or by the improper exercise of any power of sale in a…

§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 or interest therein, shall be begun within the period of six years from the time when the cause of action accru…

§501-218 Schedule of fees; authority to amend. (a) The fees payable under this chapter are as follows: (b) For recordation of the document of which the United States, State of Hawaii, or any county of the State of Hawaii, is the grantee, no fees shall be charged. (c) The supreme …

[§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. [L 1981, c 146, §1]

§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 conveyances a memorandum stating that application for registration has been filed, and the da…

§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 there is more than one applicant, the application shall be signed and sworn to by, or in behalf of, …

§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 credit of the state general fund $18 for each document recorded…

MISCELLANEOUS PROVISIONS §501-231 Family child care homes; permitted use in residential areas. (a) Family child care homes shall be considered a residential use. Notwithstanding any other law to the contrary, every recorded restriction or prohibition entered into whether by way o…

§501-232 Prohibition of transfer fees. (a) A deed restriction or other covenant running with the land applicable to the transfer of real property that requires a transferee of real property or the transferee's heirs, successors, or assigns to pay a fee in connection with a future…

§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 in the State, giving the agent's name in full and post office address, and shall therein agree that the s…

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 requirements of this chapter shall not apply to such leasehold t…

[§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:

[§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 lease or the most recent assignment of the whole thereof, whichever is la…

[§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 satisfy the requirements of …

[§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 to the lessee's interest in a leasehold apartment that is part of a condom…

[§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 with the same as if the condominium to which it pertains was est…

[§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 any party is in doubt as to whether an instrume…

§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 within the same district, as such districts are defined by chapter 4, except that the distri…

§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 are just and reasonable. All amendments shall be in writing, signed, and sworn to, like the…

Part II. DEREGISTRATION §501-261 Deregistration of fee time share interests. The certificate of title for each fee time share interest shall be canceled effective as of the date and time of deregistration of the fee time share interest. Notwithstanding the provisions of section 5…

§501-261.5 Deregistration of registered land other than fee time share interests. (a) To deregister land under this chapter, the registered owner of the fee interest in registered land shall submit the following to the assistant registrar: (b) Upon satisfactory submission of the …

§501-262 Effect of deregistration. (a) From and after the date and time of deregistration of registered land: (b) Neither voluntary deregistration of land other than a fee time share interest nor the mandatory deregistration of any fee time share interest pursuant to part II of t…

§501-263 Effect of deregistration in specific cases. Notwithstanding section 501-262(a)(3), the following documents, instruments, and papers need not be registered pursuant to this chapter to be effective and shall be recorded in the bureau of conveyances pursuant to chapter 502:

§501-264 Chain of title of deregistered land. (a) The chain of record title in the registered owner of any estate or interest in deregistered land shall, as of the date and time of deregistration, be subject only to the following and to the items described in subsection (d): (b) …

[§501-265] Status of fee time share interest and other interest in deregistered land as real property. Nothing in this part shall affect the status of a fee time share interest or other interest in deregistered land as real property. [L 2009, c 120, pt of §2, §21; am L 2013, c 11…

[§501-266] Dual recording involving deregistered land. Nothing in this part shall prevent or prohibit the registration of an instrument that conveys, assigns, or affects both registered land and deregistered land. [L 2009, c 120, pt of §2, §21; am L 2013, c 119, §11]

[§501-267] Reference to prior recorded instrument. Any instrument conveying or otherwise dealing with deregistered land and which requires a reference to a prior recorded instrument may satisfy the requirements of section 502-33 by reference to the land court document number (in …

[§501-268] Legal incidents of deregistered land. Nothing in this part shall in any way be construed to relieve deregistered land or the owners of deregistered land from:

[§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 re…

§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 and what land within the limits of the way, and whether the applicant desires to have the line of the way determined. […

§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 the schedule of documents. Such original muniments as affect land not included in the application may be …

§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 the registration is to be made subject to such a mortgage or lease executed after the time of the applica…

§501-3 Sessions. The judge shall so arrange the sessions as to insure a prompt discharge of the business of the court. [L 1903, c 56, §4; RL 1925, §3193; RL 1935, §5002; RL 1945, §12602; RL 1955, §342-3; HRS §501-3]

§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 therewith, and may require the filing of any additional papers. [L 1903, c 56, §28; RL 1925, §3217; RL 1935, §5021;…

§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 and indexed by the registrar of conveyances in the u…

§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 search the records and investigate all facts stated in the application, or otherwise …

§501-4 Process. Citations, orders of notice, and all other process issuing from the court shall bear teste of the judge, and be under the seal of the court and signed by the registrar. [L 1903, c 56, §5; am imp L 1913, c 21, §1; RL 1925, §3194; RL 1935, §5003; RL 1945, §12603; RL…

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 an adverse opinion of the examiner, elects to proceed further, the registrar shall, immediatel…

§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 shall also, within seven days after publication of the notice in a newspaper, cause a copy of the notice to be maile…