Title 28, Property

PART IV. RECORDING §502-31 Recording, method. (a) The registrar shall make or cause to be made an entire literal copy of all instruments, with their original signatures, required to be recorded in the registrar's office, and the registrar, the registrar's deputy, or clerk shall c…

[§502-31.5] Reference in other sections. Any reference throughout the Hawaii Revised Statutes to book and page after December 31, 1989, shall also refer to book and page or document number. [L 1989, c 47, §1]

§502-32 Instrument recorded as of time of delivery; office hours. Every instrument entitled by law to be recorded, shall be recorded in the order and as of the time when the same is delivered to the registrar for that purpose, and shall be considered as recorded from the time of …

§502-33 Identification of reference to registration of original. (a) If the owner of a fee time share interest acquired title thereto pursuant to a deed or other instrument filed or recorded in the land court pursuant to chapter 501, then the registrar need not accept for recordi…

§502-34 Grantee's address in deed. The registrar shall not record any deed unless it contains or has endorsed upon it the address of the grantee. This section does not apply to any deed executed prior to July 1, 1951. [L 1951, c 38, §1; RL 1955, §343-24; HRS §502-34; am L 1989, c…

[§502-4] Rules. The department of land and natural resources may adopt rules pursuant to chapter 91 necessary for the purposes of this chapter. [L 1993, c 141, §1]

PART V. ACKNOWLEDGMENTS; PROOF OF INSTRUMENTS §502-41 Certificate of acknowledgment; natural persons, corporations. Except as otherwise provided by law, to entitle any conveyance or other instrument to be recorded, there shall be endorsed, subjoined, or attached thereto an acknow…

§502-42 Certificate, contents. The certificate of acknowledgment shall state in substance that the person who executed the instrument appeared before the notary public granting the certificate and acknowledged or stated that the person executed the same, and that the person was p…

§502-43 Form when person unknown. When the person offering the acknowledgment is unknown to the officer taking the acknowledgment, the certificate may be substantially in the following form, to-wit: State of Hawaii ) ss. County of .........................) On ............(insert…

§502-44 Married women. The acknowledgment of a married woman when required by law may be taken in the same form as if she were sole and without any examination separate and apart from her husband. [L 1909, c 69, §2; RL 1925, §3150; RL 1935, §5136; RL 1945, §12736; RL 1955, §343-2…

§502-45 Acknowledgments without the State. The proof or acknowledgment of any deed or other written instrument required to be proved or acknowledged in order to enable the same to be recorded or read in evidence, when made by any person without the State and within any other stat…

§502-46 Same; certificate of authority of officer. The burden of proving due execution of any conveyance or written instrument, acknowledged or proved under section 502-45, may be met by any admissible evidence sufficient for that purpose and shall also be met if at the time of r…

§502-47 Acknowledgment without the United States; by members of the armed forces; recordation where no official authorized to take proof. (a) The proof or acknowledgment of any deed or other instrument required to be proved or acknowledged in order to entitle the same to be recor…

§502-48 Identification of person making. No acknowledgment of any conveyance or other instrument, except as provided by this chapter, whereby any real estate is conveyed or may be affected, shall be taken, unless the person offering to make the acknowledgment is personally known …

§502-49 Certificate of officer, or judge, necessary. Every officer who takes the acknowledgment of any instrument shall indorse, subjoin, or attach a certificate thereof, signed by oneself, on the instrument. Every judge who takes the proof of any instrument shall indorse, subjoi…

§502-50 How made; proof if not made. (a) Except as otherwise provided, to entitle any conveyance or other instrument to be recorded, it shall be acknowledged by the person or persons executing the same, before the registrar of conveyances, or the registrar's deputy or before a ju…

§502-51 Exemption of instruments offered on behalf of United States. In the case of any deed, lease, mortgage, lien, notice, agreement, or other instrument offered for recordation by any judicial, executive, or administrative officer of the United States, acting in the officer's …

§502-52 Signatures of certain state officers, acknowledgments not required. In the case of an official signature entitled to be judicially noticed pursuant to section 626-1, rule 901 or 902, the signature shall suffice to show due execution by the officer signing the instrument a…

§502-53 No certificate of acknowledgment contrary hereto valid in court or entitled to be recorded; exception. No certificate of acknowledgment contrary to this chapter is valid in any court of the State, nor is it entitled to be recorded in the bureau of conveyances, but no cert…

§502-54 Penalty for false certificate. Any officer authorized to take acknowledgments to instruments who knowingly incorporates in the certificate of acknowledgment any false or misleading statement as to the facts therein contained, shall be fined not more than $1,000 or impriso…

PART VI. INTERLINEATIONS, ERASURES, ETC. §502-61 Changes noted in instrument. Every notary public or the officer authorized to take acknowledgments to instruments, before taking any acknowledgment, shall first carefully inspect any instrument proposed to be acknowledged before th…

§502-62 Penalty for not noting changes. Every notary public or other person authorized to take acknowledgments to instruments who takes the acknowledgment of any person to any instrument in which there are interlineations, erasures, or changes, and who fails to observe or perform…

§502-63 Not recorded unless initialed. No instrument acknowledged in the State of Hawaii in which there are interlineations, erasures, or changes shall be recorded by the registrar, unless the same are duly initialed by the officer or officers taking the acknowledgment or acknowl…

PART II. GENERAL PROVISIONS §502-7 Definitions. As used in this chapter, unless the context otherwise requires: "Grantee" means a party that acquires interest by way of transfer of real property. "Record", "recorded", or "recording" means the act of entering into the public recor…

PART VII. RECORDS OF ACKNOWLEDGMENTS §502-71 Record of acknowledgments to be kept. All judges and other officers authorized by law to take acknowledgments to instruments, besides the certificate of acknowledgment indorsed upon the instrument, shall keep a record of every acknowle…

§502-72 Disposition of records. The books of record so kept shall every five years, and upon the resignation, death, or removal from office of such judge or other officer, be deposited with the clerk of the circuit court of the judicial circuit for and in which the judge or other…

§502-73 Same, open to inspection. The clerks of the circuit courts shall carefully preserve the books of record deposited with them as provided by section 502-72, filing the same with the records of the court. The records, both while in the custody of the acknowledging officers a…

§502-74 Penalty for not keeping. Any of the officers to take acknowledgments who fails to keep the record directed by section 502-71, or upon failure to deposit the same with a clerk of a court of record as directed, shall be fined not less than $50 nor more than $250, which may …

§502-8 Bureau of conveyances special fund. (a) There is established in the state treasury the bureau of conveyances special fund, into which shall be deposited the revenues remitted pursuant to sections 501-23.5 and 502-25, interest earnings, grants, donations, and appropriations…

PART VIII. REQUIREMENT AND EFFECT OF ACKNOWLEDGING, RECORDING, NOT RECORDING §502-81 Instruments may be recorded; as evidence. Every conveyance or other instrument, acknowledged or proved, and certified in the manner hereinbefore prescribed, by any of the officers before named, m…

§502-82 Record or copy as evidence. The record of an instrument duly recorded, or a transcript thereof, duly certified, may also be read in evidence, with like force and effect as the original instrument. Neither the certificate of acknowledgment, nor the proof of any instrument,…

§502-83 Effect of not recording deeds, leases, etc. All deeds, leases for a term of more than one year, mortgages of any interest in real estate, or other conveyances of real estate within the State, shall be recorded in the bureau of conveyances. Every such conveyance not so rec…

§502-84 Powers of attorney, etc. All articles of marriage settlement and powers of attorney for the transfer of real property within the State shall be recorded in the bureau of conveyances, in default of which no such instrument shall be binding to the detriment of third parties…

§502-85 Agreements of sale; priority. (a) The rights of a buyer under an agreement of sale which has been duly recorded in accordance with this chapter shall be entitled to priority over the claim of any other person with respect to the real estate covered by the agreement of sal…

PART IX. PRIOR RECORDS §502-91 Old records. All records of instruments made in the bureau of conveyances, before July 10, 1850, whether in the book required by law or otherwise, are deemed to have been duly recorded. All conveyances of real and personal property made and executed…

§502-92 Copies of old records. The registrar shall prepare photographic, electronic, or electrostatic copies of the records and record books in the bureau of conveyances which by reason of age, usage, or otherwise are in such condition that they can no longer be conveniently used…

§502-93 Retyping judgment registers. The registrar of conveyances may, when retyping the old circuit court and district court judgment registers, delete from the retyped registers all those entries which the registers show have theretofore been fully paid, released, or discharged…

§502-94 Translation of Hawaiian documents, recording. The registrar may appoint such number of qualified translators at such compensation as may be provided for by appropriations of the legislature from time to time for the purpose of translating into English, conveyances and oth…

§502-95 Validation of defective certificates. The record made prior to May 14, 1943, in the bureau of conveyances at Honolulu of any instrument otherwise authorized to be recorded therein, notwithstanding any defect in the form of the certificate of acknowledgment or proof, or th…

§502C-1 Definitions. Unless it is plainly evident from the context that a different meaning is intended, as used herein: "Apartment" means a part of the property of a condominium project intended for any type of use or uses, and with an exit to a public street or highway or to a …

§502C-2 Family child care homes; authorization. (a) No association of a townhouse project shall prohibit the operation of a family child care home; provided that the family child care home: An association of a townhouse project may impose on a family child care home conditions an…

§504-1 Registration of federal judgments. Judgments of United States courts may be registered, recorded, docketed, and indexed in the bureau of conveyances or with the assistant registrar of the land court in the same manner as judgments of the courts of the State. Except as othe…

§505-1 Notices filed where. Notices of liens for internal revenue taxes payable to the United States and certificates of release or of partial discharge of such liens may be recorded in the bureau of conveyances. [L 1931, c 220, §1; RL 1935, §5190; RL 1945, §12790; am L 1949, c 2…

§505-2 Index of liens. When a notice of such tax lien is recorded, the registrar shall forthwith cause the same to be indexed in the general indexes of the bureau of conveyances. [L 1931, c 220, §2; RL 1935, §5191; RL 1945, §12791; RL 1955, §346-2; am L 1966, c 33, §10; HRS §505-…

§505-3 Certificates of release. Certificates of release or of partial discharges of any tax lien containing a reference to the book and page or document number of the registration of the original tax lien issued by the collector of internal revenue or other proper officer are ent…

§505-4 Fees. Unless otherwise provided by rules established by the department of land and natural resources, pursuant to chapter 91, the fees payable under this chapter are as follows: