reglab/housing_qa huggingface dataset:
HI Rev Stat § 664-11 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|664. Boundaries, Fences, Ways, Water Rights|664-11 Costs.

  §664-11 Costs. The costs in each case shall be borne by the petitioner or respondent, or shall be apportioned between them, as equity and justice may require, in the judgment of the commissioner of boundaries, subject to appeal as in this part provided. [L 1894-5, c 14, §13; RL 1925, §563; RL 1935, §3670; RL 1945, §10211; RL 1955, §234-11; HRS §664-11]
HI Rev Stat § 664-21 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|664. Boundaries, Fences, Ways, Water Rights|664-21 Petition.

Rules of Court Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).  §664-21 Petition. [(a)] Any person owning, leasing, or occupying land under an agreement with the owner or lessee, who desires to fence the land, or who, having fenced the land, desires to provide for the maintenance of the fence, may file a petition in the circuit court of the circuit in which the land is situated praying for the hearing and determination of the matter.  [(b)] The petition shall designate the land by name or description, the location thereof, and the boundary or boundaries desired to be fenced or the fence desired to be maintained; and shall designate the adjoining land or lands and state the name or names of the owners, lessees, and occupants thereof. Upon the filing of the petition, summons shall issue to the adjoining owners, lessees, and occupants as in other proceedings before circuit courts. [L 1931, c 101, §1; RL 1935, §3671; am L 1935, c 52, §1; am L 1941, c 219, §1; RL 1945, §10212; RL 1955, §234-20; HRS §664-21; am L 1972, c 90, §6(e)] Cross References  Fences, other provisions, see §142-61.
HI Rev Stat § 664-22 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|664. Boundaries, Fences, Ways, Water Rights|664-22 Jurisdiction.

  §664-22 Jurisdiction. The circuit courts shall have jurisdiction within their respective circuits to hear and determine without the intervention of a jury all controversies respecting the fencing of land and the maintenance of fences in accordance with this part. [L 1931, c 101, §2; RL 1935, §3672; RL 1945, §10213; RL 1955, §234-21; HRS §664-22; am L 1972, c 90, §6(f)]
HI Rev Stat § 664-24 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|664. Boundaries, Fences, Ways, Water Rights|664-24 Pasturage in lieu of fences.

  §664-24 Pasturage in lieu of fences. In case the court finds it to be inequitable or inexpedient to establish a fence between adjoining lands, either because of the nature or situation of the lands, the shortness of the unexpired term of a lease or agreement, the scarcity of fencing materials, or the conflicting rights of the parties, it may, if the lands are grazing lands, in lieu of fencing, decide how many animals each owner, lessee, or occupant shall be at liberty to pasture upon the owner's, lessee's, or occupant's land under a penalty to be specified in the decree. [L 1931, c 101, §4; RL 1935, §3674; am L 1935, c 52, §3; RL 1945, §10215; RL 1955, §234-23; HRS §664-24; am L 1972, c 90, §6(i); gen ch 1985] Revision Note  Semicolon after "the parties" changed to comma pursuant to §23G-15. Case Notes  Expensiveness of fence contemplated in comparison with value of land or poverty of one landowner does not render erection of fence "inexpedient". 4 H. 255 (1880).
HI Rev Stat § 664-25 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|664. Boundaries, Fences, Ways, Water Rights|664-25 Appeal.

  §664-25 Appeal. Any party aggrieved by the decree 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 1931, c 101, §5; RL 1935, §3675; RL 1945, §10216; RL 1955, §234-24; HRS §664-25; am L 1972, c 90, §6(j); am L 1979, c 111, §27(2); am L 2004, c 202, §76; am L 2006, c 94, §1; am L 2010, c 109, §1]
HI Rev Stat § 664-26 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|664. Boundaries, Fences, Ways, Water Rights|664-26 Government lands.

  §664-26 Government lands. This part shall not be so construed as to allow any person owning or otherwise interested in land adjoining government land to compel the government to join in the cost of erecting or maintaining a fence on the boundary line between such lands. However, the government or any lessee or occupant of government land, with the consent of the governor, shall have the same right accorded to others to compel action according to this part by any person owning, leasing, or occupying land adjoining government land, or by any lessee or occupant of adjoining government land, and every lessee or occupant of government land shall be subject to the duties and obligations of other lessees and occupants as provided by this part. [L 1931, c 101, §6; RL 1935, §3676; am L 1935, c 52, §4; RL 1945, §10217; RL 1955, §234-25; HRS §664-26; am L 1972, c 90, §6(k)]
HI Rev Stat § 664-31 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|664. Boundaries, Fences, Ways, Water Rights|664-31 Definitions.

Cross References State water code, see chapter 174C. Rules of Court Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).  §664-31 Definitions. Wherever used in this part:  "Controversy" means the matter or question at issue before the court.  "Private individuals or persons" means either individuals, companies, or corporations, or any others except the State. [L 1886, c 69, §1; am L 1888, c 26, §1; am L 1907, c 56, §1; RL 1925, §2936; RL 1935, §3677; RL 1945, §10218; RL 1955, §234-30; HRS §664-31; am L 1972, c 90, §6(1)] Case Notes  Cited: 9 H. 651, 652 (1895); 20 H. 658, 660 (1911); 21 H. 280, 282 (1912).
HI Rev Stat § 664-32 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|664. Boundaries, Fences, Ways, Water Rights|664-32 Jurisdiction.

  §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; RL 1925, §2937; RL 1935, §3678; RL 1945, §10219; RL 1955, §234-31; HRS §664-32; am L 1972, c 90, §6(m)] Case Notes  Jurisdiction not exclusive as to water rights. 10 H. 476 (1896); 19 H. 106 (1908); 32 H. 404 (1932), aff'd 52 F.2d 356 (1931).  Cited: 19 H. 106, 117 (1908).
HI Rev Stat § 664-34 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|664. Boundaries, Fences, Ways, Water Rights|664-34 Same; decision.

  §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 appear to be in conformity with vested rights and shall be just and equitable between the parties.  The decision shall state expressly the findings of fact on the evidence, and shall in cases of right of way clearly indicate the location (if possible) and nature of the way; if on a water right, it shall state the proportion of time for use, and any other things necessary to the right. It may also regulate the methods by which water may be obtained, and by which its supply can be controlled. As far as possible, the rights of parties served by publication who have not appeared in the action shall be ascertained. Judgment shall be entered in accordance with the decision. [L 1886, c 69, §4; am L 1888, c 26, §4; am L 1907, c 56, §4; RL 1925, §2939; RL 1935, §3680; RL 1945, §10221; RL 1955, §234-33; HRS §664-34; am L 1972, c 90, §6(o)] Cross References  Return of service as prima facie evidence, see §634-22.
HI Rev Stat § 664-35 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|664. Boundaries, Fences, Ways, Water Rights|664-35 Costs.

  §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)] Case Notes  Costs on appeal may be divided. 21 H. 280 (1912).
HI Rev Stat § 664-36 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|664. Boundaries, Fences, Ways, Water Rights|664-36 Appeal.

  §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 1907, c 56, §6; RL 1925, §2941; RL 1935, §3682; am L 1939, c 19, §4; RL 1945, §10223; RL 1955, §234-35; HRS §664-36; am L 1972, c 90, §6(q); am L 2004, c 202, §77; am L 2006, c 94, §1; am L 2010, c 109, §1 Case Notes  Findings may not be set aside unless clearly erroneous, HRCP rule 52(a) being applicable. 54 H. 174, 504 P.2d 1330 (1973). Cases prior to adoption of the Hawaii Rules of Civil Procedure.  Court authorized on appeal to render such judgment as shall be just and equitable. 9 H. 651 (1895); 10 H. 174 (1895). Evidence insufficient. 10 H. 133 (1895); 10 H. 453 (1896). Record. 21 H. 173, 174 (1912).  Findings, weight. 23 H. 595, 601 (1917); 24 H. 47, 53 (1917).
HI Rev Stat § 664-37 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|664. Boundaries, Fences, Ways, Water Rights|664-37 REPEALED.

  §664-37 REPEALED. L 1972, c 90, §6(r).
HI Rev Stat § 665-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|665. Escheat|665-1 Information, hearing, decree.

  §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 based. Summons shall be issued as in other actions. The attorney general shall cause the summons to be served upon any person in possession of the property, and shall also cause a copy thereof to be published once a month for three months in a newspaper of general circulation in the State. Upon the hearing of the matter, if the court finds the facts averred in the information substantiated by proof and sufficient in law, it shall make and cause to be entered a decree declaring the property an escheat to the State. [L 1886, c 8, §1; RL 1925, §2913; RL 1935, §4230; RL 1945, §10241; RL 1955, §235-1; HRS §665-1; am L 1972, c 90, §7(a)] Cross References  Publication of notice, see §601-13. Case Notes  Appellate court erred in concluding that the State's escheat claim did not trigger defendant title insurance company's duty to defend plaintiffs because the State failed to follow the proper procedure for bringing an escheat claim under this section; by so concluding, the appellate court improperly tied defendant's duty to defend to the sufficiency or merits of the State's pleading. 126 H. 448, 272 P.3d 1215 (2012).
HI Rev Stat § 665-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|665. Escheat|665-2 Conclusive presumptions.

  §665-2 Conclusive presumptions. In all actions provided for in section 665-1, the following shall be conclusive presumptions of fact:  (1) That the person who last owned the property has died intestate, if it is shown that the owner has been absent from the State and not been heard of for the space of fifteen years, and has neither in person nor through any agent thereto authorized in writing, nor through any tenant occupying the premises in question under a valid lease, had possession or exercised dominion over the premises during that time, and that no application for letters testamentary or of administration has been filed in any court within the State having jurisdiction of probate proceedings within such time.  (2) That the person who last owned the property has left no kindred, if it is shown that no person claiming to be kin has made claim to the property within five years after the lapse of the fifteen years in this section before mentioned. [L 1886, c 8, §2; RL 1925, §2914; RL 1935, §4231; RL 1945, §10242; RL 1955, §235-2; HRS §665-2]
HI Rev Stat § 665-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|665. Escheat|665-3 Defenses.

  §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 less than twenty years and that the taxes upon the property have been paid by the person during the last twelve years of the period. [L 1886, c 8, §3; am imp L 1898, c 19, §1; RL 1925, §2915; RL 1935, §4232; RL 1945, §10243; RL 1955, §235-3; HRS §665-3; am L 1973, c 26, §3; gen ch 1985] Case Notes  Cited: 14 H. 365, 366 (1902).
HI Rev Stat § 665-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|665. Escheat|665-4 Sale; disposition of proceeds.

  §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 treasury of the State and there abide the claim of any heir or other person thereto lawfully entitled; provided that no claim to the proceeds shall be allowed unless the claim is made within five years after deposit. [L 1886, c 8, §4; RL 1925, §2916; RL 1935, §4233; RL 1945, §10244; RL 1955, §235-4; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §1; HRS §665-4]
HI Rev Stat § 665-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|665. Escheat|665-5 Claim to proceeds.

  §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 State. If the court renders a judgment in favor of the plaintiff, the director of finance shall pay the proceeds to the plaintiff, with interest as allowed by the court, not to exceed six per cent a year. [L 1886, c 8, §5; RL 1925, §2917; RL 1935, §4234; RL 1945, §10245; RL 1955, §235-5; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §665-5; am L 1972, c 90, §7(b); gen ch 1985]
HI Rev Stat § 666-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|666. Landlord and Tenant|666-2 Tenancy from month to month, etc.; termination, extension.

  §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 to month, or from period to period on which rent is payable, and shall only be terminated by written notice to vacate or of intention to vacate given twenty-five days or more preceding the end of any month or period by either landlord or tenant to the other; provided that when any tenant, without such notice having been given by either landlord or tenant to the other, retains possession of rented premises for any period of time after the expiration of such month or period, a valid and enforceable tenancy shall be thereby created for an additional month or period, as the case may be; provided further that when a tenant under such a tenancy fails to pay the rent reserved at the time agreed upon, the landlord may terminate the tenancy by giving to the tenant a written notice to vacate of not less than five days. [L 1929, c 93, §2; RL 1935, §4017; am L 1939, c 20, §1; RL 1945, §10402; am L 1949, c 39, §1; RL 1955, §240-2; HRS §666-2] Case Notes  Written notice is required to terminate a tenancy where tenant has failed to pay the rent. 360 F. Supp. 620 (1973).  Holding over. 6 H. 666 (1887).  Applicable where landlord entitled to possession under rent control ordinance. 38 H. 250 (1948).  Notice of rental increase did not constitute termination of month-to-month tenancy since it contained no notice of termination of the tenancy. 1 H. App. 87, 613 P.2d 1336 (1980).  Terms of sublease created month-to-month tenancy; does not prohibit agreement for termination upon condition subsequent and 120 days' notice. 5 H. App. 146, 682 P.2d 82 (1984).  Cited: 41 H. 124, 135 (1955).
HI Rev Stat § 666-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|666. Landlord and Tenant|666-3 Forfeiture, warning, notice to vacate, refunds.

  §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 premises which act or condition constitutes a nuisance as defined in section 712-1270.  (b) A written notice shall first be delivered by the landlord to the tenant warning the tenant to abate or cause to be abated the common nuisance within twenty-four hours from the time the notice is delivered. If the common nuisance complained of remains unabated after twenty-four hours from the time the notice is delivered to the tenant, the landlord may terminate the tenancy by a written notice to vacate the premises within five days from the date the second notice is delivered to the tenant. Where rent has been paid in advance by the tenant, refund shall be made by the landlord of the amount of rent so paid covering the period from the date the rent was paid to and including the date the premises are vacated. If the tenant fails or refuses to vacate the premises within five days from the date of delivery of the second notice, then in case rent has been paid in advance, the landlord shall make a tender of the amount of the refund of rent to which the tenant would have been entitled had the tenant vacated the premises upon the date the notice to vacate was delivered to the tenant. Thereafter, upon the continued failure or refusal on the part of the tenant to vacate, the landlord may proceed, without further notice, to evict the tenant in any manner authorized by law. [L 1937, c 209, §1; RL 1945, §10403; RL 1955, §240-3; HRS §666-3; gen ch 1985; am L 1986, c 195, §3] Case Notes  Use of dwelling premises for business purposes, under provisions of rent control ordinance. 38 H. 250 (1948).
HI Rev Stat § 666-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|666. Landlord and Tenant|666-4 Oral leases not exceeding one year, valid.

  §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, §4016; RL 1945, §10404; RL 1955, §240-4; HRS §666-4]
HI Rev Stat § 666-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|666. Landlord and Tenant|666-5 Acceptance of rent during litigation, effect of.

  §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 during the litigation shall not be construed as a recognition of the tenancy and shall be without prejudice to the landlord's legal rights at the inception of the proceedings.  In the event the eviction proceedings of whatever nature are successful any rent so paid shall be construed as damages for withholding the occupancy of the premises involved from the landlord. [L 1945, c 251, §1; RL 1955, §240-5; HRS §666-5; am L 1972, c 90, §8(b); gen ch 1985]
HI Rev Stat § 666-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|666. Landlord and Tenant|666-6 Summary possession proceedings; venue.

  §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 situated. [CC 1859, §940; am L 1905, c 95, §1; RL 1925, §2779; RL 1935, §4014; RL 1945, §10405; RL 1955, §240-6; HRS §666-6; am L 1972, c 90, §8(c); gen ch 1985] Rules of Court  See DCRCP rule 3(b), (c)(4). Case Notes  Necessary to allege relation of landlord and tenant exists or has existed, how such tenancy was created, whether by lease or parol, when and how terminated and that required notice to quit was given. 4 H. 154, 157 (1879); 13 H. 385 (1901); 22 H. 739 (1915).  Complaint held sufficient. 15 H. 632 (1904).  Right to possession, not title in issue. 20 H. 712 (1911); 22 H. 129 (1914).  The question of whether the right of trial by jury guaranteed by article I, §10, state constitution, applies to a summary possession proceeding was raised but not decided. 58 H. 276, 567 P.2d 1239 (1977).  Actions to dispossess lessees involving short-term rental agreements or other leases that grant lessees solely the right of possession may only be adjudicated in district court pursuant to this section. 74 H. 294, 845 P.2d 1186 (1992).  Cited: 6 H. 407, 408 (1883).
HI Rev Stat § 666-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|666. Landlord and Tenant|666-7 Jurisdiction; joinder.

  §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 such action, whether the ground or cause is nonpayment of rent or otherwise, the plaintiff may join in the action a prayer for accrued rent due, if any, and also for rent, profits, and damages up to the time of judgment, if such is rendered in the plaintiff's favor, without prejudice to such action or ground for summary possession as may be set forth in the complaint. [L 1915, c 171, §1; am L 1923, c 93, §1; RL 1925, §2780; RL 1935, §4015; RL 1945, §10406; am L 1945, c 216, §1; RL 1955, §240-7; HRS §666-7; am L 1972, c 90, §8(d); gen ch 1985] Rules of Court  See DCRCP rule 18. Case Notes  Holding over after notice of change of rent. 30 H. 29 (1927).  Recoupment for damages by reason of illegal eviction. 30 H. 434 (1928).  Items of damage recoverable by lessor. 30 H. 853 (1929).  Jurisdiction of district court where defendant demanded trial by jury, discussed. 70 H. 288, 769 P.2d 1091 (1989).  This chapter does not preclude a landlord from joining a breach of contract action, seeking damages as measured by future rent, with a summary possession action. 84 H. 75, 929 P.2d 88 (1996).  Cited: 27 H. 308, 322 (1923); 40 H. 236 (1953).