Title 28, Property

HEARINGS AND POWERS §501-51 Reference to other judges or to master; maps, reference; subdivision; costs; etc. If in any case an appearance is entered and answer filed, the cause shall be set down for hearing on the motion of either party, but an order of default shall first be en…

§501-52 Powers of the court. The court may make and award all such judgments, decrees, orders, and mandates, issue all such executions, writs of possession, and other processes, and take all other steps necessary for the promotion of justice in matters pending before it, and to c…

§501-53 Dismissal; effect; withdrawal, conditions. If the court finds that the applicant has not title proper for registration, a decree shall be entered dismissing the application and the decree may be ordered to be without prejudice in whole or in part; but unless it is so orde…

§501-6 Registrar and assistants; appointment, tenure, powers, and duties. The judge of the court shall appoint a registrar and such assistants as may be allowed by law. The registrar or an assistant shall attend the sessions of the court and keep a docket of all causes, and shall…

§501-64 Enforcement of decrees; bailiff. The court, in all matters over which it has jurisdiction, may enforce its orders or decrees in the same manner as decrees are enforced in actions in the nature of suits in equity, and upon the request of the judge, the chief of police shal…

§501-7 Registrar; powers, duties. The registrar shall be under the direction of the court, and shall have the custody and control of all papers and documents filed with the registrar under this chapter, and shall carefully number and index the same. The papers and documents shall…

DECREES §501-71 Decree of registration; conditional when; quieting title, exceptions; reopened when. (a) If the court after a hearing finds that the applicant, at the time of filing an application, or subsequently, had title, as stated in the application, that the title is proper…

§501-72 Types of nonabsolute title. Possessory title. When a possessory title only is required, the applicant may be registered as the owner of the fee simple on giving such evidence of actual bona fide possession and of title, and serving such notices, if any, as may from time t…

§501-73 Removing clouds on title. The court may remove clouds on titles and may find and decree in whom the title or any interest, legal or equitable, in land is vested, whether in the applicant or in any other person. [L 1909, c 11, §5; RL 1925, pt of §3228; RL 1935, pt of §5037…

§501-74 Decree, contents of. Every decree of registration shall bear the date of the year, day, hour, and minute of its entry, and shall be signed by the registrar. It shall state whether the owner is married or unmarried, and if married the full name of the husband or wife. If t…

§501-75 Transcription of decree in registry; certificate of title. Immediately upon the entry of the decree of registration the registrar shall send a certified copy thereof, under the seal of the court, to the assistant registrar in the bureau of conveyances, who shall transcrib…

§501-8 Registrar may act in any circuit. The registrar may act in any judicial circuit. After lands have been registered under this chapter, the registrar may make all memoranda affecting the title, and enter and issue certificates of title as provided herein. [L 1903, c 56, §9; …

LEGAL INCIDENTS OF REGISTERED LAND §501-81 Legal incidents of registered land. Registered land, and ownership therein, shall in all respects be subject to the same burdens and incidents which attach by law to unregistered land. Nothing in this chapter shall in any way be construe…

§501-82 Tenure of holder of certificate of title. (a) Every applicant receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser of registered land who takes a certificate of title for value and in good faith, [holds] the same free f…

§501-83 Certificate effective from transcription. The certificate first registered in pursuance of a decree of registration in regard to any parcel of land shall be entitled in the registration book "original certificate of title, entered pursuant to decree of the land court, dat…

§501-83.5 Outstanding owner's duplicate certificates. No owner's duplicate certificates of title shall be issued after June 14, 1988, whether the deed or other instrument upon which such would have been based was recorded before or after June 14, 1988. Whenever a duplicate has be…

§501-84 Certificates, when two or more owners. Where two or more persons are registered owners under any tenancy, one certificate shall be issued for the whole land. Any conveyance of fee simple interest in registered land shall be recorded with the assistant registrar, who shall…

§501-85 Substitution, one certificate for several, several for one; subdivisions, maps. A registered owner of several distinct parcels of land covered by one certificate of title may, with the approval of the court, have that certificate of title canceled and separate certificate…

§501-86 Registration runs with land. The obtaining of a decree of registration, and the entry of a certificate of title, shall be regarded as an agreement running with the land, and binding upon the applicant and all the applicant's successors in title, that the land shall be and…

§501-87 No adverse possession or prescription. No title, right, or interest in, to, or across registered land in derogation of that of the registered owner shall be acquired by prescription or adverse possession; provided that this section shall not prejudice any adverse claim, a…

§501-88 Certificate as evidence. The original certificate in the registration book, and any copy thereof duly certified under the signature of the registrar or assistant registrar, and the seal of the court, shall be received as evidence in all the courts of the State and shall b…

§501-89 Indexes, record books, etc. The registrar, under the direction of the court, shall make and keep indexes of all applications and of all decrees of registration, and shall also index and classify all papers and instruments filed in the registrar's office relating to applic…

§501-9 Assistant registrars; powers. The registrar of conveyances in the bureau of conveyances designated in section 502-1 and the registrar of conveyances' deputy are assistant registrars to carry out the duties of recording and registration required under this chapter. Assistan…

PART I. REGISTRAR, DEPUTY §502-1 Registrar; appointment; tenure; salary. There shall be a bureau in the department of land and natural resources to be called the bureau of conveyances. A registrar of conveyances shall be appointed by the board of land and natural resources, under…

PART X. VETERANS CERTIFICATES §502-101 Veterans certificates. The bureau of conveyances, upon request of a veteran, resident in Hawaii, or the veteran's next of kin, shall record any honorable discharge certificate or other separation or discharge document from the military or na…

PART III. INDEXING OF RECORDS §502-11 Entry record. The registrar shall make and keep in a form and manner as is prescribed by the board of land and natural resources a permanent record of the receipt of every: provided that the registrar shall note on the record, in addition to …

PART XI. OTHER PROVISIONS §502-111 Family child care homes; permitted uses 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…

§502-112 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 futur…

§502-12 Indexes. The registrar shall keep indexes for public inspection in such form and manner as is prescribed by the board of land and natural resources. [L 1905, c 4, §3; RL 1925, §3129; RL 1935, §5115; RL 1945, §12715; RL 1955, §343-6; am L 1966, c 26, §2; HRS §502-12; am L …

[PART XII.] UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT [§502-121] Definitions. As used in this part: "Document" means information affecting title to real property that is eligible to be entered into the public records, including any plan of land prepared pursuant to section 5…

[§502-122] Electronic document and electronic signature; validity. (a) The registrar may accept an electronic document for recording. The electronic document shall be exempt from any requirement under this chapter that a document or instrument be: (b) When a law requires as a con…

[§502-123] Recording of documents. (a) Notwithstanding any other law to the contrary, and subject to rules adopted by the department of land and natural resources pursuant to chapter 91, the registrar may: (b) This part shall also apply to any document that is received by the reg…

[§502-124] Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 2009, c 102, pt of §2(1)]

[§502-125] Relation to federal Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code section 7001, et seq., but does not modify, limit, or …

§502-13 Names of parties indexed. The registrar shall, within a reasonable time, cause the name of each and every grantor, grantee, or other party thereto to be entered at length and alphabetically in its appropriate index. [L 1905, c 4, §4; RL 1925, §3130; RL 1935, §5116; RL 194…

§502-14 Entries where one transfers another's real estate; in partition cases. When an instrument, by which one person by authority of law transfers or conveys the real estate of another person, is left for record, the registrar shall enter in the registrar's entry book and grant…

§502-15 Annual indexes. The registrar shall within the first six months of each year, or within such further time during the year as the registrar may think proper, cause to be made by competent persons, copies of the indexes to the instruments recorded in the bureau of conveyanc…

§502-16 Decennial indexes. The registrar shall cause a reclassification and consolidation of the yearly indexes to be made at least once in every ten years as the convenience of the registrar may permit, in the same manner as set forth in section 502-15. The registrar may cause c…

§502-17 Filing of; data on plans; monuments; metes and bounds descriptions. (a) The registrar shall accept and file in the registrar's office, upon the payment of the fee as provided in section 502-25, any plan of land prepared in the manner prescribed by this section. Every plan…

§502-18 Description; lot subdivisions. A metes and bounds description of the exterior boundaries of the parcel or parcels of land sought to be registered as a file plan shall be written upon the plan, or printed or typewritten on unruled good quality white paper 11 inches long by…

§502-19 Plans on tracing cloth; size; scale. All plans must be on tracing cloth of good quality, and shall be of one of the following sizes, the figures indicating inches: 10 x 15; 15 x 21; 21 x 32; 30 x 36; 36 x 42; or 42, 48, or 54 wide without restriction as to length; which p…

§502-20 New maps for old. The registrar at such times when the original tracings of filed plans and land court maps on file in the bureau of conveyances, are found to be in such condition that satisfactory blueprint copies thereof cannot be made, shall forward any such map or pla…

§502-21 Recording of plans unlawful. It shall not be lawful for the registrar to accept for record any plan of land, whether attached to, made a part of, or independent of, any deed, certified copy of judgment of condemnation, or other instrument; to the end and purpose that ther…

§502-22 Copies of plans furnished by registrar. The registrar shall furnish, when so requested, copies of any map or plan filed in accordance with sections 502-17 to 502-21, duly certified by the registrar's seal of office, upon payment of the fee hereinafter mentioned. In additi…

§502-23 Sale or lease by reference to lots or blocks without filing of plans; penalty. Whoever lays out or subdivides a tract of land into lots or blocks and sells by lot number or block number or leases by lot number or block number any lot or block in any subdivision without fi…

§502-24 Report of violations. Whenever it comes to the knowledge of the registrar that section 502-23 has been violated the registrar shall notify the attorney general and the planning department of the county of the fact. [L 1911, c 46, §2; RL 1925, §3140; RL 1935, §5127; am L 1…