Title 28, Property

PART I. GENERAL PROVISIONS LAND COURT; PERSONNEL §501-1 Court; jurisdiction; proceedings; location; rules, practice, etc. A court is established, called the land court, which shall have exclusive original jurisdiction of all applications for the registration of title to land and …

§501-10 Registrar and assistants; oath, accounts, absence. The registrar and all assistant registrars shall be sworn before the judge, and a record thereof shall be made. They may administer oaths in all cases in which an oath is required, to persons appearing before them in matt…

VOLUNTARY DEALING WITH LAND AFTER ORIGINAL REGISTRATION §501-101 Voluntary dealing with registered lands. An owner of registered land may convey, mortgage, lease, charge, or otherwise deal with the same as fully as if it had not been registered. The owner may use forms of deeds, …

§501-101.5 Agreements of sale; priority. (a) The rights of a buyer under an agreement of sale which has been duly filed and noted on the certificate of title in accordance with this chapter shall be entitled to priority over the claim of any other person with respect to the real …

§501-102 Filing liens, etc., notice. (a) Every conveyance, lien, attachment, order, decree, instrument, or entry affecting registered land, which would under existing laws, if recorded, filed, or entered in the bureau of conveyances, affect the real estate to which it relates, sh…

§501-103 Conveyances of less than fee simple. No new certificate shall be entered or issued upon any transfer of registered land which does not divest the title in fee simple from the owner or one of the registered owners. Except as provided in sections 501-241 to 501-248, all in…

§501-104 Reference of doubtful questions. Where the assistant registrar is in doubt upon any question, or where any party in interest does not agree as to the proper memorandum to be made in pursuance of any deed, mortgage, or other voluntary instrument presented for registration…

§501-105 Grantee's address, etc., to be stated. (a) Every deed or other voluntary instrument presented for recording shall contain or have endorsed upon it the full name or names, if more than one, and the address of the grantee or other person acquiring or claiming an interest u…

§501-106 Entry of new certificate. (a) No new certificate of title shall be entered, and no memorandum shall be made upon any certificate of title by the registrar or assistant registrar, except: (b) The new certificate or memorandum shall be binding upon the registered owner and…

§501-107 Entry record; duplicates and certified copies. (a) The assistant registrar shall keep a record in which shall be entered all deeds and other voluntary instruments, and all copies of writs or other process filed or recorded with the assistant registrar relating to registe…

§501-108 Conveyance of fee; procedure. (a) An owner desiring to convey in fee registered land or any portion thereof shall execute a deed of conveyance, which the grantor or the grantee may present to the assistant registrar in the bureau of conveyances; provided that no deed, mo…

§501-109 Portion of registered fee. When a deed in fee is for part only of the land described in a certificate of title the assistant registrar shall also enter a new certificate to the grantor for the part of the land not included in the deed. In every case of transfer the new c…

§501-11 Examiners of title; appointment, removal. The judge may appoint one or more examiners of title in the first judicial circuit, or when necessary in any other judicial circuit, who shall be persons of good moral character, and shall have been declared by the supreme court t…

§501-110 Statement of encumbrances. If at the time of any transfer there appears upon the registration book encumbrances or claims adverse to the title of the registered owner, they shall be stated in the new certificate or certificates, except as far as they may be simultaneousl…

MORTGAGES §501-116 Mortgage registration necessary. The owner of any interest in registered land may mortgage the interest by executing a mortgage thereof. Such a mortgage may be assigned, extended, discharged, released in whole or in part, or otherwise dealt with by the mortgage…

§501-117 Procedure. Registration of a mortgage shall be made in the manner following: the mortgage shall be presented to the assistant registrar who shall enter upon the original certificate of title a memorandum of the purport of the mortgage, the time of filing or recording, th…

§501-118 Foreclosure. [(a)] Mortgages of registered land may be foreclosed like mortgages of unregistered land. [(b)] In case of foreclosure by action, a certified copy of the final judgment of the court confirming the sale may be filed or recorded with the assistant registrar or…

§501-12 Salaries and expenses. The judge of the court, the registrar, and the authorized clerks and assistants shall receive such salaries as are appropriated by the legislature. In the absence of such provision all salaries of officers or employees or fees of examiners of title …

LEASES §501-121 Leases; registration required. Leases of registered land for a term of one year or more shall be registered. [L 1903, c 56, §64; RL 1925, §3253; RL 1935, §5063; RL 1945, §12663; am L 1951, c 142, §4; RL 1955, §342-63; HRS §501-121]

[§501-13] Validity of facsimile signature. A facsimile of the signature of the registrar, imprinted by the registrar or by such office assistant as the registrar in writing may designate, on any paper which the registrar is required by law to certify as a true copy, except a copy…

TRUSTS §501-131 Transfer in trust; procedure. Whenever a deed or other instrument is filed or recorded for the purpose of transferring registered land in trust, or upon any equitable condition or limitation expressed therein, or for the purpose of creating or declaring a trust or…

§501-132 Powers to be noted on certificate; construction for court. If the instrument creating or declaring a trust or other equitable interest contains an express power to sell, mortgage, or deal with the land in any manner, the power shall be stated in the certificate of title …

§501-133 New trustee. When a new trustee of registered land is appointed either by any court or otherwise, a new certificate may be entered upon presentation to the assistant registrar of a certified copy of the order or deed of appointment. [L 1903, c 56, §67; RL 1925, §3256; RL…

§501-134 Trusts, implied or constructive. Whoever claims an interest in registered land by reason of any implied or constructive trust shall file or record for registration a statement thereof with the assistant registrar. The statement shall contain a description of the land, an…

§501-135 Application by trustee. Any trustee may file an application for registration of any land held in trust by the trustee, unless expressly prohibited by the instrument creating the trust. [L 1903, c 56, §69; RL 1925, §3258; RL 1935, §5068; RL 1945, §12668; RL 1955, §342-68;…

§501-136 Attachment and other liens; filing or recording of. In every case where a writing of any description or a copy of any writ is required by law to be filed or recorded in the bureau of conveyances in order to create or preserve any lien, right, or attachment upon unregiste…

§501-138 Discharge or modification of liens to be recorded. Attachments on mesne process and liens of every description upon registered land shall be continued, reduced, discharged, and dissolved by any method sufficient in law to continue, reduce, discharge, or dissolve like lie…

§501-139 Assistant registrar as official recorder. All the provisions of law relating to attachments of real estate and leasehold estates on mesne process apply to registered land, except that the duties required to be performed by the registrar of conveyances shall be performed …

§501-140 Indorsement of and notices to plaintiff's attorney. The name and address of the plaintiff's attorney shall in all cases be indorsed upon the writ, where an attachment is made. The attorney is deemed to be the attorney of the plaintiff until written notice that the attorn…

§501-141 Court orders to be recorded. Whenever an attachment on mesne process is continued, reduced, dissolved, or otherwise affected by an order, decision, or judgment of the court in which the action or proceeding in which the attachment was made is pending, or by any order of …

§501-142 Mechanic's lien. When a mechanic's lien or lien for labor and materials is claimed upon registered and unregistered land, and the notice required by law is filed in the circuit court where the land is situated, an attested copy of the order directing the lien to attach w…

§501-143 Enforcement of lien. A lien of any description upon registered land shall be enforced in the same manner as like liens upon unregistered land. Whenever registered land is set off or sold on execution; or taken or sold for taxes or for any assessment; or sold to enforce a…

§501-144 New certificate after enforcement of lien; tax sale. After registered land has been sold on any execution, or taken or sold for the enforcement of any lien of any description, the person claiming under an execution or under any deed or other instrument made in the course…

PENDING ACTIONS; JUDGMENTS AND PARTITIONS; RECORDING §501-151 Pending actions, judgments; recording of, notice. No writ of entry, action for partition, or any action affecting the title to real property or the use and occupancy thereof or the buildings thereon, and no judgment, n…

§501-152 Certificate of judgment for defendant. At any time after final judgment in favor of the defendant, or other disposition of any case in which a memorandum has been registered as provided in section 501-151, a certificate of the clerk stating the manner of the disposal the…

§501-153 Certificate of judgment for plaintiff. Whenever in any action affecting registered land, judgment is entered for the plaintiff, except in actions relating to terms of less than one year, the judgment is entitled to registration on presentation of a certificate of the ent…

§501-154 Writ of possession, service, time limit for registration. When in any action in the nature of an action of ejectment an execution or writ of possession has been issued and served by the sheriff, deputy sheriff, police officer, or independent civil process server from the…

§501-155 Judgment directing conveyance. Any judgment of a court of competent jurisdiction, whether a federal court or a court of the State of Hawaii, affecting title or rights in registered land, may be recorded, whether the claim adjudicated was legal or equitable in nature. Eve…

§501-156 Partition. In an action for partition of registered land, after the entry of the final judgment of partition and the acceptance of the report of the commissioners, if any, a copy of the judgment and of the return of the commissioners, certified by the clerk or registrar,…

§501-157 Reregistration of mortgage or lease after partition. When a certified copy of a judgment for partition and of the return of the commissioners, if any, is presented for registration, if a mortgage or lease affecting a specific portion or an undivided share of the premises…

§501-158 Notice of bankruptcy proceedings. Whenever a petition in bankruptcy which contains or has indorsed upon it a reference to the number of the certificate of title of the land affected is filed or recorded within the State by or against the owner of registered land, the ass…

§501-159 Decree of discharge. Whenever proceedings in bankruptcy against a registered owner of which notice has been registered, are vacated, or when the court of bankruptcy orders a reconveyance of land to a bankrupt debtor, a certified copy of the order or decree may be filed o…

EMINENT DOMAIN; RECORDING §501-166 Eminent domain; recording procedure. Whenever any land of a registered owner, or any right or interest therein, is taken by eminent domain, the State or body politic or corporate or other authority exercising the right shall file for registratio…

§501-167 New certificate upon reverter of land. When for any reason, by operation of law, land which was taken for a public use reverts to the owner from whom it was taken or to the owner's heirs or assigns, the court, upon the petition of the person entitled to the benefit of re…

DESCENT AND DEVISE §501-171 Registration upon transfer by descent and devise. (a) When the owner of registered land, or of any estate or interest therein, dies, having devised the same by will, the person or persons entitled thereto shall file or record with the assistant registr…

§501-172 License to sell or mortgage, not affected. Nothing in this chapter shall in any way affect or impair the jurisdiction of a circuit court to license a guardian to sell, mortgage, or convey registered land for any purpose for which a license may be granted in the case of u…

§501-173 Purchaser acquiring title through personal representative may have the same registered. If any personal representative is authorized by the terms of any will to grant, bargain, sell, convey, mortgage, or otherwise deal with registered land, the personal representative ma…

§501-174 Power of attorney; registration necessary. Any person may by attorney procure land to be registered and convey or otherwise deal with registered land, but the letters of attorney shall be acknowledged and filed or recorded with the assistant registrar and registered. Any…

ADVERSE CLAIMS AFTER ORIGINAL REGISTRATION §501-186 Registration of adverse claims; notice; hearing; costs. Whoever claims any right or interest in registered land adverse to the registered owner arising subsequent to the date of original registration may, if no other provision i…

AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE §501-196 Alterations upon registration book prohibited when; court hearings; limitations. No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum th…