reglab/housing_qa huggingface dataset:
HI Rev Stat § 501-31 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-31 Transfers pending application; temporary record; final record.

  §501-31 Transfers pending application; temporary record; final record. After the filing of an application, and before registration, the land therein described may be dealt with and instruments relating thereto shall be recorded and indexed by the registrar of conveyances in the usual manner and also entered in the index of applications; provided that such instruments shall state that application to register the land is pending and shall state the application number. A certified copy thereof shall be filed with the application. When any such instrument purports to convey the whole or any interest in the land, the original instrument, with the original signature, after recording shall be sent to the land court and filed with the application, whereupon the certified copy may be withdrawn.  As soon as an application is disposed of, the registrar shall make a memorandum stating the disposition of the case and shall send the same to the assistant registrar, who shall record and index it with the records of deeds in the bureau of conveyances, and in the index of applications. If the proceedings upon the application end in a decree of registration of title the land included therein shall, as soon as the decree is transcribed, as provided in section 501-75, become registered land. Thereafter no deeds or other instruments relating solely to such land shall be recorded with the records of deeds, but shall be registered in the registration book and filed or recorded and indexed with the records and documents relating to registered land. [L 1903, c 56, §29; RL 1925, §3218; am L 1927, c 258, §5; RL 1935, §5022; RL 1945, §12622; RL 1955, §342-23; HRS §501-31; am L 1986, c 246, §3; am L 1995, c 22, §3] Rules of Court  Record of disposition, see RLC rule 54.
HI Rev Stat § 501-32 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-32 Reference to examiner; report; election to proceed.

  §501-32 Reference to examiner; report; election to proceed. Immediately after the filing of an application the court shall enter an order referring it to one of the examiners of title, who shall search the records and investigate all facts stated in the application, or otherwise brought to the examiner's notice, and file in the case a report thereon, concluding with a certificate of the examiner's opinion upon the title. The registrar shall give notice to the applicant of the filing of the report. If the opinion of the examiner is adverse to the applicant the applicant shall be allowed by the court a reasonable time in which to elect to proceed further or to withdraw the applicant's application. The election shall be made in writing and filed with the registrar. [L 1903, c 56, §30; RL 1925, §3219; RL 1935, §5023; RL 1945, §12623; RL 1955, §342-24; HRS §501-32; gen ch 1985] Rules of Court  Examiners, see RLC rule 10. Case Notes  Cited: 32 H. 813, 816 (1933).
HI Rev Stat § 501-33 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-33 Accretion to land.

  §501-33 Accretion to land. (a) An applicant for registration of land by accretion shall prove by a preponderance of the evidence that the accretion is natural and permanent and that the land accreted before or on May 20, 2003; provided that:  (1) The State may register land accreted along the ocean after May 20, 2003; and  (2) A private property owner whose eroded land has been restored by accretion after May 20, 2003, may file an accretion claim to regain title to the restored portion.  [(b)] The applicant shall supply the office of planning and sustainable development with notice of the application, for publication in the office's periodic bulletin in compliance with section 343-3(c)(4). The application shall not be approved unless the office of planning and sustainable development has published notice in the office's periodic bulletin.  [(c)] As used in this section, "permanent" means that the accretion has been in existence for at least twenty years. The accreted portion of the land shall be considered within the conservation district. Land accreted after May 20, 2003, shall be public land except as otherwise provided in this section. Prohibited uses are governed by section 183-45. [L 1985, c 221, §2; am L 2003, c 73, §4; am L 2012, c 56, §2; am L 2021, c 152, §16 and c 153, §9] Rules of Court  Accretion, see RLC rule 26; maps, see RLC rule 105. Law Journals and Reviews  The Wash of the Waves: How the Stroke of a Pen Recharacterized Accreted Lands as Public Property. 34 UH L. Rev. 525 (2012).  Coastline Non-Conformism. 42 UH L. Rev. 149 (2020). Case Notes  Cited: 73 H. 297, 832 P.2d 724 (1992).
HI Rev Stat § 501-41 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-41 Notice of application.

  §501-41 Notice of application. If, in the opinion of the examiner, the applicant has a good title as alleged, and proper for registration, or, if the applicant after an adverse opinion of the examiner, elects to proceed further, the registrar shall, immediately upon the filing of the examiner's opinion, or the applicant's election, cause notice of the filing of the application to be published in some newspaper of general circulation. The notice shall be issued by the order of the court, attested by the registrar, and shall be in form substantially as follows:  Registration of Title. Land Court. No....  State of Hawaii.  To (insert and classify the names of all persons known to have an adverse interest, and the adjoining owners and occupants, so far as known), and to all whom it may concern:  Whereas, an application has been presented to the court by (name or names and address in full) to register and confirm title in the following described land (insert description):  You are hereby cited to appear at the land court to be held at....in the Island of........on the....day of......A.D..... at....o'clock....M., to show cause, if any you have, why the prayer of the application should not be granted. And unless you appear at the court at the time and place aforesaid your default will be recorded, and the application will be taken as confessed, and you will be forever barred from contesting the application or any decree entered thereon.  Witness, the Presiding Judge of the court. Dated: .........  Attest:  .......................  Registrar.  The description included in the notice in addition to the number of award, patent, and grant and name of awardee or original grantee need not be by metes and bounds, but may be a brief general description of the land sufficient to identify the same. The notice shall contain a statement that the map of the land and the description thereof by metes and bounds are on file in the land court and are open to inspection. [L 1903, c 56, §31; am L 1907, c 43, §3; am L 1913, c 21, §1; RL 1925, §3220; am L 1933, c 22, §1; RL 1935, §5024; RL 1945, §12624; RL 1955, §342-25; HRS §501-41; am L 2006, c 38, §12] Rules of Court  Notices, see RLC rule 12. Case Notes  Cited: 34 H. 93, 99 (1937).
HI Rev Stat § 501-42 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-42 Service; return day; further notice.

  §501-42 Service; return day; further notice. The return day of the notice shall be not less than twenty, nor more than sixty days from the date of issue. The court shall also, within seven days after publication of the notice in a newspaper, cause a copy of the notice to be mailed by the registrar to every person named therein whose address is known. The court shall also cause a duly attested copy of the notice to be posted in a conspicuous place on each parcel of land included in the application, by a sheriff or other police officer, fourteen days at least before the return day thereof, and the sheriff's or police officer's return shall be conclusive proof of the service.  If the applicant requests to have the line of a public way determined, the court shall order notice to be given by the registrar by mailing a registered letter to the attorney general, and to the mayor of the county where the land lies; and also to the corporation counsel or county attorney of the county. If the land borders on a river, or shore, or on an arm of the sea where a river or harbor line has been established, or on a great pond, or if it otherwise appears from the application or the proceedings that the State may have a claim adverse to that of the applicant, notice shall be given in the same manner to the attorney general.  The court may also cause other or further notice of the application to be given in such manner and to such persons as it may deem proper. The court shall, so far as it deems it possible, require proof of actual notice to all adjoining owners and to all persons who appear to have any interest in or claim to the land included in the application. Notice to such persons by mail shall be by registered letter. The certificate of the registrar that the registrar has served the notice as directed by the court, by publishing or mailing, shall be filed in the case before the return day, and shall be conclusive proof of such service.  Every copy of the notice required to be mailed, posted, or given in any manner other than by publication shall include a description of the land by metes and bounds. [L 1903, c 56, §32; RL 1925, §3221; am L 1933, c 22, §2; RL 1935, §5025; RL 1945, §12625; RL 1955, §342-26; HRS §501-42; am L 1972, c 91, §1(h); gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11] Cross References  Publication of notice, see §1-28.5.  Service of notice by mail, see §1-28. Rules of Court  Notices, see RLC rule 12. Case Notes  Disclaimer by attorney general barred county claim to highway when ownership of highway, if established, would have been in Territory under prior law. 29 H. 820 (1927).  Dismissed when U.S. indispensable party. 34 H. 93 (1937).  State has consented to be sued in land court. 48 H. 92, 96, 395 P.2d 620 (1964). As to Territory of Hawaii, see 331 U.S. 256, 278, note 23 (1947).
HI Rev Stat § 501-43 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-43 Guardian ad litem; compensation.

  §501-43 Guardian ad litem; compensation. Upon the return of the notice and upon proof of service of all orders of notice issued, the court may appoint a disinterested person to act as guardian ad litem for minors and for all persons under disability, for persons not in being, unascertained, unknown, or out of the State, who may have an interest. The compensation of the guardian or agent shall be determined by the court and paid as part of the expenses of the court, or may be taxed with the costs of the proceedings as the court deems just. [L 1903, c 56, §33; am L 1921, c 214, pt of §1; RL 1925, §3222; RL 1935, §5026; RL 1945, §12626; RL 1955, §342-27; HRS §501-43] Case Notes  Cited: 256 F.2d 208 (1958), remanding 41 H. 490 (1956), modified 42 H. 661 (1958).
HI Rev Stat § 501-44 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-44 Contests not otherwise represented; duty of attorney general; res adjudicata when.

  §501-44 Contests not otherwise represented; duty of attorney general; res adjudicata when. Whenever there are grounds for contesting an application to have the title to land registered and the grounds or any of them are not being presented to the court, the attorney general or the attorney general's deputy shall contest all applications to register title irrespective of whether or not a specific claim on behalf of the State has been filed by the attorney general or the attorney general's deputy. The contest shall not be held to be res adjudicata in any subsequent action contemplated in section 501-212. [L 1927, c 258, §6; am imp L 1932 2d, c 33, § §2-5; RL 1935, §5027; RL 1945, §12627; RL 1955, §342-28; HRS §501-44; gen ch 1985] Case Notes  Cited: 50 H. 201, note 6, 436 P.2d 752 (1968).
HI Rev Stat § 501-45 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-45 Answer intervention; surveyor to be heard when.

  §501-45 Answer intervention; surveyor to be heard when. Any person claiming an interest, whether named in the notice or not, may appear and file an answer on or before the return day, or within such further time as may be allowed by the court. The answer shall state all objections to the application; shall set forth the interest claimed by the party filing the same; and shall be signed and sworn to by the party or by some person in the party's behalf. The department of accounting and general services or the county surveyor may appear in any case and be heard upon the facts pertaining to the accuracy of the location or survey, according to the rules of court. [L 1903, c 56, §34; RL 1925, §3223; RL 1935, §5028; RL 1945, §12628; RL 1955, §342-29; am L Sp 1959 2d, c 1, §12; HRS §501-45; am L 1972, c 91, §1(i); gen ch 1985]
HI Rev Stat § 501-46 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-46 Default; effect.

  §501-46 Default; effect. If no person appears and answers within the time allowed, the court may at once, upon motion of the applicant and no reason to the contrary appearing, order a general default to be recorded and the application to be taken for confessed. By the description in the notice "to all whom it may concern," all the world are made parties defendant and shall be concluded by the default and order. After the default and order the court may enter a decree confirming the title of the applicant and ordering registration of the same. The court shall not be bound by the report of the examiner of title, but may require other or further proof. [L 1903, c 56, §35; RL 1925, §3224; RL 1935, §5029; RL 1945, §12629; RL 1955, §342-30; HRS §501-46] Cross References  Duty of attorney general when there are grounds for contesting, see §501-44. Case Notes  Cited: 35 H. 816, 822 (1941).
HI Rev Stat § 501-52 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-52 Powers of the court.

  §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 carry into full effect all powers which are, or may be given to it by law. [L 1909, c 11, §4; am L 1913, c 21, §1; RL 1925, §3226; RL 1935, §5031; RL 1945, §12631; RL 1955, §342-32; HRS §501-52] Case Notes  Court may determine validity of deed though it cannot reform it. 20 H. 355, 357 (1911).  Jurisdiction limited, power to register title of applicant only. 24 H. 298 (1918); 29 H. 815, 816 (1927); 37 H. 74, 95 (1945), aff'd 158 F.2d 122 (1946).  Construction of will in land court, see 29 H. 815 (1927).  Issuance of new certificate to reflect acquisition by condemnation may be compelled. 31 H. 781 (1931), aff'd 61 F.2d 896 (1932).
HI Rev Stat § 501-53 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-53 Dismissal; effect; withdrawal, conditions.

  §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 ordered, it shall bind the parties, their privies, and the land in respect to any issue of fact which has been tried and determined. The applicant may withdraw the applicant's application at any time before final decree, upon terms to be determined by the court. The court may in its discretion require the applicant who moves to withdraw the applicant's application or to substitute some other person as applicant, to stipulate that the applicant shall be bound by the result of any issue of fact which has been tried and determined, and such stipulation shall bind the parties, their privies and the land itself. [L 1903, c 56, §37; am L 1921, c 214, pt of §1; RL 1925, §3227; RL 1935, §5032; RL 1945, §12632; RL 1955, §342-33; HRS §501-53; gen ch 1985] Case Notes  Petition dismissed by circuit court after appeal taken there, when it appeared U.S. indispensable party. 34 H. 93 (1937).  Application based on adverse possession, proof required. 37 H. 49 (1945).  Applicant has burden of proof; application may be dismissed if court is unable to decide which of the conflicting testimony is trustworthy. 47 H. 472, 391 P.2d 403 (1964).  Land court decree need not contain factual issues tried and determined in a land court application. Appellate court is not limited to reviewing land court decree, but should review land court's written decision and entire record to determine binding effect on the parties in accordance with the mandate of this section. 75 H. 164, 858 P.2d 712 (1993).  State was precluded from maintaining its ejectment action with respect to parcels of real property pursuant to this section. 75 H. 164, 858 P.2d 712 (1993).
HI Rev Stat § 501-61, 501-62 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-61, 501-62 REPEALED.

  § §501-61, 501-62 REPEALED. L 1984, c 102, § §4, 5.
HI Rev Stat § 501-63 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-63 REPEALED.

  §501-63 REPEALED. L 2004, c 3, §4. Note  L 2004, c 202, §53, as amended by L 2006, c 94, §1, purports to amend this section.
HI Rev Stat § 501-64 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-64 Enforcement of decrees; bailiff.

  §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 shall assign an officer to attend the sittings of the court. [L 1903, c 56, §17; am L 1913, c 21, §1; RL 1925, §3206; RL 1935, §5036; RL 1945, §12636; RL 1955, §342-37; HRS §501-64; am L 1972, c 91, §1(n)]
HI Rev Stat § 501-72 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-72 Types of nonabsolute title.

  §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 to time be ordered by the court. The registration of any person as first registered owner of land with a possessory title only shall not affect or prejudice the enforcement of any estate, right, or interest adverse to or in derogation of the title of the first registered owner, and subsisting or capable of arising at the time of the registration of the owner; but, save as aforesaid, shall have the same effect as registration of a person with an absolute title.  Qualified title. When an absolute title has been applied for, and on examination of title it appears to the court that the title can be established only for a limited period or subject to certain reservations, or upon application claiming such a qualified title, the court, on the application of the party applying to be registered, may except from the effects of registration, by an order included in the court's decree, any estate, right, or interest arising before a specified date; or arising under a specified instrument; or otherwise particularly described in the decree.  A title registered subject to an excepted estate, right, or interest, shall be called a qualified title. The registration of a person as first registered owner of land with a qualified title shall have the same effect as the registration of a person with an absolute title, save that registration with a qualified title shall not affect or prejudice the enforcement of any estate, right, or interest appearing by the register to be excepted. [L 1903, c 56, pt of §38; RL 1925, pt of §3228; RL 1935, pt of §5037; RL 1945, pt of §12637; RL 1955, pt of §342-38; HRS §501-72; gen ch 1985] Case Notes  Applicant has burden of establishing its title. 50 H. 507, 444 P.2d 909 (1968).
HI Rev Stat § 501-73 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-73 Removing clouds on title.

  §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; RL 1945, pt of §12637; RL 1955, pt of §342-38; HRS §501-73] Case Notes  Dower, power of widow to convey. 21 H. 431 (1913).  Court may decree title to be in beneficiary of trust when trustee's sole duty was to convey. 26 H. 809, 816 (1923).  Applicant has burden of establishing its title. 50 H. 507, 444 P.2d 909 (1968).  Cited: 20 H. 355, 357 (1911); 37 H. 74, 95 (1945), aff'd 158 F.2d 122 (1946).
HI Rev Stat § 501-74 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|501. Land Court Registration|501-74 Decree, contents of.

  §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 the owner (or spouse of the owner) has been known by more than one name, all the names of such person shall be stated. The wife's maiden name and surname shall be stated in all cases. If the owner is under disability it shall state the nature of the disability, and if a minor, shall state the minor's age. It shall contain a description of the land as finally determined by the court; and shall set forth the estate of the owner, and also, in such manner as to show their relative priority, all particular estates, mortgages, easements, liens, attachments, and other encumbrances including rights of husband or wife, if any, to which the land or the owner's estate is subject; and may contain any other matter properly to be determined in pursuance of this chapter. The decree shall be stated in a convenient form for transcription upon the certificate of title hereinafter mentioned. [L 1903, c 56, §40; RL 1925, §3230; RL 1935, §5038; RL 1945, §12638; RL 1955, §342-39; HRS §501-74; gen ch 1985; am L 1988, c 346, §2] Case Notes  Dower must be noted. 21 H. 431, 434 (1913); 35 H. 816 (1941).  Surveyed description of land in decree construed same as in instrument inter partes. 23 H. 51 (1915).  Infant, rights of after reaching majority. 41 H. 490 (1956), remanded 256 F.2d 208 (1958), modified 42 H. 661 (1958), app. dism'd 267 F.2d 449 (1959).  Cited: 40 H. 730, 733 (1955).  Mentioned: 75 H. 164, 858 P.2d 712 (1993).