The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-08-01

rection difficult. The parties now see
the value of a chack on the surveys.
Another example Of carelessness in
locating a starting point is late Pc
tition in which the initial point IL
described as located on a certain
street corner i'm the suburbs of Homo
lulu, opposite a popular 200" The
reference points given were miles away,
by direction only. This was done
although a Territorial Triangulation
station stood at the end of a street
about 1000 feet away. The court sur
veyor checked the point described in
the petition and found that it located
the lot on the opposite side of the
200" from that in which the property
owner claimed and would include in
its boundaries most of the monkey
cages. 1t did not fit on the ground in
any way. The matter was adjusted
at once and the owner knows that
he was given a false survey for his
money
Another interesting example of To-
cation of boundaries is found i'm the
district of Honolulu, burned in the
great fire of 1900. The owner had an
ancient survey which began at a
corner of the lot without references.
The lines were clearly wrong as to the
sides of the lot. Fences had been
erected and occupation held for more
than twenty years before the fire. The
difficulty was encountered when 1t
wassattempted to locate the lot again.
Twice the owner petitioned and twice
was refused, for it was shown that
he was encroaching on adjoining lots,
until the testimony brought out at
the trial showed where the lot should
be located, and the applicant and his
neighbors were convinced of the true
location. The lot had oscillated from
side to side and finally all partiese
agreed to settle it in it's proper place,
and made no opposition to the posi-
ton.
The act is found useful in hasten
ing the authorities to settle street lines
in the suburbs, which have never been
officially designated; in locating the
lines on which expensive city blocks
are about to be erected, and in dis
covering any claim that may be made
to an interest in the land, before inn
proving it. ?
These examples are mentioned to
show how convenient the act is both
to hold surveyors up to a standard
of accuracy. and to cure defects in title.
The foregoing are merely illustrations
from defective titles, and from a peru
sal OF such cases it must not be for
gotten that there are many other
cases showing careful conveyancing
which, like the good little boy at school,
are Lnnteresting as the subject of a
story.
In Hawaii, the surveying problems
are more difficult than they would be,
if the country were fiat and easily laid
out in section and quarter sections.
Here the high, steep, volcanic noun
tains and deep gorges divide the coun-
try into irregular shapes and the lands
conform to the natural features of
the islands, and not to any rectan-
gular diagram. The problem of sur
Yeying city lots, is, however, the same
as elsewhere.
The system of land registration has
proved itself a practical working sue
cess well adapted to the needs Of a
rough country, poorly surveyed, where
titles are often difficult to ascertain.
Tile lawyers are its greatest adj
vocates and bankers, Incorporated es-
tates, and home owners are register
ing their titles, as they acquire new
lands.
The acute business men are the first
to see that they are getting full value
for their money i'm the registered title.
which gives government insurance of
title to the full cash value of the prop
erty at the time it was registered. The
certificate of title is conclusive evo-
dence &C Tile in any court until set
aside by direct attack if at all This
attack must be made within one year
CT 1t is bar.to. / like to point out
to the applicant that the registered
owner has his money as securely in
vested as if it were i'm Territorial
bonds. The bonds, however, bring
only five per cent on the Investment,
whereas the owner of registered land
has equal security, and may earn as
much more interest on his investment
as his shrewd management may pro-
duce.
We are satisfied with the system in
Hawaii 1t is a going reform
PHILIP L. WEAVER.
Honolulu Hawaii