Title 36, Civil Remedies And Defenses And Special Proceedings

§664-32 Jurisdiction. The circuit courts shall have jurisdiction to hear and determine, without the intervention of a jury, all controversies respecting rights of private way and water rights, as in this part provided. [L 1886, c 69, §2; am L 1888, c 26, §2; am L 1907, c 56, §2; …

§664-33 Procedure; notice. The circuit courts shall hear and determine all controversies respecting rights of private way and water rights, between private individuals, or between private individuals and the State. Any person interested, or the State, may apply for the settlement…

§664-34 Same; decision. The court shall hear the evidence offered relative to the right in controversy, and may, if deemed desirable to the rendering of a correct decision, visit the locality where the controversy arose. It shall give such decision as may in each particular case …

§664-35 Costs. Costs may, in the discretion of the court, be divided, or taxed to the losing party. [L 1886, c 69, §5; am L 1888, c 26, §5; am L 1907, c 56, §5; RL 1925, §2940; RL 1935, §3681; RL 1945, §10222; RL 1955, §234-34; HRS §664-35; am L 1972, c 90, §6(p)]

§664-36 Appeal. Any party aggrieved by the judgment of the court may appeal therefrom to the intermediate appellate court, subject to chapter 602, in the manner and within the time provided for civil appeals from the circuit courts. [L 1886, c 69, §6; am L 1888, c 26, §6; am L 19…

§664-4 Copy sent to department. Each commissioner of boundaries shall, within thirty days after issuing a certificate of boundaries, deposit a certified copy thereof in the office of the department of land and natural resources, and shall also deposit a certified copy of the appr…

§664-5 No patent on award until boundaries settled. The department of land and natural resources is forbidden to issue any patent in confirmation of an award by name, made by the commissioners to quiet land titles, without the boundaries being defined in such patent, according to…

§664-6 Application for certificate. All owners of ahupuaas and portions of ahupuaas, ilis, and portions of ilis and other denominations of lands within the State, whose lands have not been awarded by the land commissioners, patented or conveyed by deed from the king or government…

§664-7 Notice, evidence, decision. The commissioner of boundaries, on receipt of the application, shall notify the owner or owners of the land, and also those of the land adjoining, and the attorney general, of the time when the commissioner will be prepared to hear their case. F…

§664-8 Appeal. Any party aggrieved by the decision of the commissioner of boundaries may appeal therefrom to the intermediate appellate court, subject to chapter 602, within thirty days from the rendition of the decision, and within the period shall pay all costs accrued and shal…

§664-9 Record on; new evidence. Whenever any person appeals, the commissioner of boundaries shall transmit to the clerk of the supreme court a copy of the record and of the commissioner's decision, together with any exhibits filed and the bond for costs as in other cases. The int…

PART I. LAND §665-1 Information, hearing, decree. In all cases where real property escheats by law to the State, the attorney general shall file an information in the circuit court of the first circuit, setting forth the facts upon which the claim of the State to the escheat is b…

§665-2 Conclusive presumptions. In all actions provided for in section 665-1, the following shall be conclusive presumptions of fact:

§665-3 Defenses. In such actions no person shall be allowed to defend against the State on the ground of being in possession of the property, unless the person proves that the person is in possession under color of title, or has been in adverse possession thereof for a period not…

§665-4 Sale; disposition of proceeds. If a decree is entered in favor of the State, the department of land and natural resources shall cause the premises to be sold at public auction, and the proceeds of sale after deducting all costs and expenses shall be deposited in the treasu…

§665-5 Claim to proceeds. Any person claiming the proceeds of sale of escheated property may present the person's claim by commencing an action in the circuit court of the first circuit. Service shall be made upon the attorney general who may appear and defend on behalf of the St…

[PART I. GENERALLY] §666-1 Summary possession on termination or forfeiture of lease. Whenever any lessee or tenant of any lands or tenements, or any person holding under the lessee or tenant, holds possession of lands or tenements without right, after the termination of the tenan…

§666-11 Judgment; writ of possession. If it is proved to the satisfaction of the court that the plaintiff is entitled to the possession of the premises, the plaintiff shall have judgment for possession, and for the plaintiff's costs. Execution shall issue accordingly. The writ of…

§666-12 How writ executed. The officer to whom the writ for delivering possession is directed and delivered shall execute the same according to the tenor thereof. [CC 1859, §944; RL 1925, §2785; RL 1935, §4022; RL 1945, §10411; RL 1955, §240-12; HRS §666-12]

§666-13 Effect of writ. Whenever a writ is issued for the removal of any tenant, the contract for the use of the premises, if any exists, and the relation of landlord and tenant between the parties, shall be deemed to be canceled and annulled. [CC 1859, §945; RL 1925, §2786; RL 1…

§666-14 Writ stayed how, in proceedings for nonpayment of rent. The issuing of the writ of possession shall be stayed in the case of a proceeding for the nonpayment of rent, if the person owing the rent, before the writ is actually issued, pays the rent due and interest thereon a…

§666-2 Tenancy from month to month, etc.; termination, extension. Notwithstanding other provisions of law to the contrary, when real property is rented for an indefinite time with monthly or other periodic rent reserved, such holding shall be construed to be a tenancy from month …

§666-20 Rent control ordinances. Nothing in this chapter shall be deemed to authorize the eviction of a tenant contrary to any rent control ordinance declaring an emergency arising out of a housing shortage and prohibiting termination of tenancies or restricting the grounds for t…

§666-21 Rent trust fund. (a) At the request of either the tenant or the landlord in any court proceeding in which the payment or nonpayment of rent is in dispute, the court shall order the tenant to deposit any disputed rent as it becomes due into the court as provided under subs…

§666-3 Forfeiture, warning, notice to vacate, refunds. (a) Any tenancy created by or described in section 666-2 shall be subject to forfeiture where the tenant or any invitee or employee of the tenant commits any act, or causes any condition to exist, within or upon the rented pr…

§666-4 Oral leases not exceeding one year, valid. Notwithstanding other provisions of law to the contrary, oral leases of real property for any period not exceeding one year shall be valid and enforceable to all intents and purposes as if in writing. [L 1929, c 93, §1; RL 1935, §…

§666-5 Acceptance of rent during litigation, effect of. When any legal proceedings are brought by a landlord to evict a tenant, whether by summary possession proceedings or an action in the nature of an action of ejectment or otherwise, the acceptance of rent by the landlord duri…

§666-6 Summary possession proceedings; venue. In the case of summary possession proceedings, the person entitled to the possession of the premises shall bring and prosecute the person's action in the district court of the circuit wherein the lands and premises in question are sit…

§666-7 Jurisdiction; joinder. In any action for summary possession begun under this chapter, the plaintiff may join claims for rent, lodging, board, profits, damages, and waste, where these arise out of and refer to the land or premises, irrespective of the amount claimed. In any…

§666-8 Service. The summons shall be served as provided by the rules of court. In the event that any defendant cannot be served within the circuit, service may be made in any part of the State. If any defendant cannot be served with process within the State, and the facts shall a…

§666-9 Return day. The summons shall be returnable within such time as is fixed by the court in conformity with the rules of court. [CC 1859, §942; am L 1923, c 119, §1; RL 1925, §2782; RL 1935, §4019; RL 1945, §10408; RL 1955, §240-9; HRS §666-9; am L 1971, c 144, §31A]

PART I. GENERAL PROVISIONS §667-1 Definitions. As used in this chapter: "Approved budget and credit counselor" means a Hawaii-based budget and credit counseling agency that has received approval from a United States trustee or bankruptcy administrator to provide instructional cou…

PART IA. FORECLOSURE BY ACTION §667-1.5 Foreclosure by action. The circuit court may assess the amount due upon a mortgage, whether of real or personal property, without the intervention of a jury, and shall render judgment for the amount awarded, and the foreclosure of the mortg…

§667-10 Power unaffected by transfer; surplus after sale. No sale or transfer by the mortgagor shall impair or annul any right or power of attorney given in the mortgage to the mortgagee to sell or transfer the mortgaged property, as attorney or agent of the mortgagor, except as …

[§667-100] Conveyance of property on payment of purchase price; distribution of sale proceeds. (a) After the purchaser completes the purchase by paying the full purchase price and the costs for the purchase, the unit shall be conveyed to the purchaser by a conveyance document. Th…

[§667-101] Affidavit after public sale; contents. (a) After the public sale is held, the association shall sign an affidavit under penalty of perjury: (b) The recitals in the affidavit required under subsection (a) may, but need not, be substantially in the following form: [L 201…

[§667-102] Recordation of affidavit, conveyance document; effect. (a) The affidavit required under section 667-101 and the conveyance document shall be recorded no earlier than ten days after the public sale is held but not later than forty-five days after the public sale is held…

[§667-103] Recordation; full satisfaction of debt by unit owner. Except as provided in section 667-92(f)(2), the recordation of both the conveyance document and the affidavit shall not operate as full satisfaction of the debt owed by the unit owner to the association unless the s…

[§667-104] Prohibited conduct. It shall be a prohibited practice for any association to engage in any of the following practices:

§667-17 Attorney affirmation in judicial foreclosure. Any attorney who files on behalf of a mortgagee seeking to foreclose on a residential property under this part shall sign and submit an affirmation that the attorney has verified the accuracy of the documents submitted, under …

§667-19 Association foreclosures; cure of default; payment plan. If a foreclosure by action is initiated by an association pursuant to section 421J-10.5 or 514B-146:

§667-2 Other mortgagees joined. All prior and subsequent mortgage creditors, whose names are or can be discovered by the party foreclosing a mortgage, shall be made parties to the action. [CC 1859, §1232; RL 1925, §2888; RL 1935, §4721; RL 1945, §12421; RL 1955, §336-2; HRS §667-…

[§667-20] Publication of notice of public sale. The foreclosing mortgagee or association in a foreclosure by action shall have the public notice of the public sale:

[§667-20.1] Postponement, cancellation of sale. (a) The public sale may be either postponed or canceled by the court-appointed commissioner. Notice of the postponement or the cancellation of the public sale shall be: (b) If there is a postponement of the public sale of the mortga…

PART II. POWER OF SALE FORECLOSURE PROCESS §667-21 Power of sale process. The power of sale process in this part is an alternative to the foreclosure by action in part IA. [L 1998, c 122, pt of §1; am L 2011, c 48, §20; am L 2012, c 182, §15]

§667-21.5 Foreclosure notice; planned communities; condominiums; cooperative housing projects. Notwithstanding any law or agreement to the contrary, any person who forecloses on a property under this part within a planned community, a condominium apartment or unit, or an apartmen…