reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-216 State, not liable when.

§501-216 State, not liable when.
The State shall not be liable to pay for any loss, damage, or deprivation occasioned by a breach of trust, whether expressed, implied, or constructive, by any registered owner who is a trustee, or by the improper exercise of any power of sale in a mortgage. Nor shall any plaintiff prosecuting a contract claim under this chapter recover as compensation more than the fair market value of the real estate at the time when the plaintiff suffered the loss, damage, or deprivation thereof. [L 1903, c 56, §102; RL 1925, §3292; am L 1932 2d, c 33, §5; RL 1935, §5103; RL 1945, §12703; RL 1955, §342-103; HRS §501-216; am L 1972, c 91, §1(pp); gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-217 Limitation of actions.

§501-217 Limitation of actions.
All actions on contract claims for compensation under this chapter by reason of any loss or damage or deprivation of land, or any estate or interest therein, shall be begun within the period of six years from the time when the cause of action accrued, and not afterwards; provided that the plaintiff in an action for the recovery of the land or estate or interest therein in accordance with section 501-213, may bring the action on the contract claim within one year after the termination of that action. The contract claim herein provided shall survive to the personal representatives of the registered owner, unless barred in the registered owner's lifetime, but the proceeds thereof shall be treated as real estate. [L 1903, c 56, §103; RL 1925, §3293; RL 1935, §5104; RL 1945, §12704; RL 1955, §342-104; HRS §501-217; am L 1972, c 91, §1(qq); am L 2006, c 38, §16]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-231 Family child care homes; permitted use in residential areas.

§501-231 Family child care homes; permitted use in residential areas.
(a) Family child care homes shall be considered a residential use. Notwithstanding any other law to the contrary, every recorded restriction or prohibition entered into whether by way of covenant, condition upon use or occupancy, or upon transfer of title to residential real property, which directly or indirectly restricts or prohibits family child care homes on residential real property is void.
(b) This provision shall not apply to:
(1) Housing for older persons as defined by 42 United States Code section 3607(b)(2);
(2) Limited-equity housing cooperatives created pursuant to chapter 421H; or
(3) Cooperative housing corporations created pursuant to chapter 421I.
(c) For the purposes of this section "family child care home" means a private residence, including an apartment, unit, or townhouse, as those terms are defined in section 502C-1, at which care may be provided for three to no more than six children who are unrelated to the caregiver by blood, marriage, or adoption at any given time. [L 1996, c 303, §3; am L 1999, c 242, § §5, 8(2); am L 2001, c 225, §3; am L 2005, c 20, §1]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-243 Dual recording involving leasehold time share interests.

§501-243 Dual recording involving leasehold time share interests.
Nothing in this part shall prevent or prohibit the registration of an instrument which assigns or affects both:
(1) One or more leasehold time share interests; and
(2) One or more interests in registered land other than a leasehold time share interest.
[L 1998, c 219, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-244 Assignment of leasehold time share interest.

§501-244 Assignment of leasehold time share interest.
Any instrument which first assigns or otherwise conveys a leasehold time share interest shall refer to the land court document number of the apartment lease or the most recent assignment of the whole thereof, whichever is later. Any subsequent instrument of assignment or conveyance shall refer to the book and page or bureau of conveyances document number of the prior instrument of assignment or conveyance for the leasehold time share interest acquired.
[L 1998, c 219, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-245 Reference to recorded instruments pertaining to leasehold time share interests.

§501-245 Reference to recorded instruments pertaining to leasehold time share interests.
Any instrument assigning, conveying, or otherwise dealing with a leasehold time share interest and which requires a reference to a prior recorded instrument may satisfy the requirements of section 502-33 by reference to the land court document number (in the case of a document recorded pursuant to chapter 501) or to the book and page or bureau of conveyances document number (in the case of a document recorded pursuant to chapter 502) of the instrument to which reference is made.
[L 1998, c 219, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-246 Legal incidents of a leasehold time share interest.

§501-246 Legal incidents of a leasehold time share interest.
A leasehold time share interest, and ownership therein, shall in all respects be subject to the same burdens and incidents which attach by law to the lessee's interest in a leasehold apartment that is part of a condominium property regime established on unregistered land and which is not utilized in a time share plan.
Nothing in this part shall, in any way, be construed to relieve a leasehold time share interest or the owners thereof:
(1) From any rights incident to the relation of husband and wife;
(2) From liability to attachment or mesne process or levy on execution;
(3) From liability to any lien of any description established by law on the leasehold time share interest, or in the interest of the owner in the leasehold time share interest;
(4) To change the laws of descent;
(5) The rights of partition between coparceners and other cotenants;
(6) The right to take the same by eminent domain;
(7) To relieve such leasehold time share interest from liability to be recovered by a trustee in bankruptcy under the provisions of law relating to preferences; or
(8) To change or affect in any way any other rights or liabilities created by law and applicable to the lessee's interest in a leasehold apartment which is part of a condominium property regime established on unregistered land and which is not utilized in a time share plan; except as otherwise expressly provided in this part.
[L 1998, c 219, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-247 Voluntary dealing with a leasehold time share interest.

§501-247
Voluntary dealing with a leasehold time share interest.
(a) Except as otherwise provided in this part, an owner of a leasehold time share interest may convey, mortgage, sublease, charge, or otherwise deal with the same as if the condominium to which it pertains was established on unregistered land. The owner may use forms of assignments, mortgages, or other voluntary instruments like those now in use and sufficient in law for the purpose intended.
(b) Notwithstanding subsection (a) and section 502-83, no assignment, mortgage, or other voluntary instrument (except a will, a lease for a term not exceeding one year, or an instrument required by this part to be registered in the land court and which is so registered) purporting to assign or affect a leasehold time share interest, shall take effect as a conveyance or bind the leasehold time share interest, but shall operate only as a contract between the parties, and as evidence of authority to the registrar or assistant registrar. The act of recordation pursuant to chapter 502 shall be the operative act to assign or affect the leasehold time share interest.
[L 1998, c 219, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-248 Jurisdiction for matters pertaining to leasehold time share interests.

[ §501-248] Jurisdiction for matters pertaining to leasehold time share interests.
The land court shall have jurisdiction over all matters relating to instruments required by this part to be registered pursuant to this chapter. Where any party is in doubt as to whether an instrument must be registered, the question shall be referred to the land court for decision; and the court, after notice to all parties and a hearing, shall enter an order determining the question. Except as expressly otherwise provided in this section, nothing in this part shall deprive the land court of exclusive jurisdiction pursuant to section 501-101 over registered land, or any interest therein, which is prior or superior to the interest of the lessee of a leasehold time share interest. The circuit court shall have jurisdiction, pursuant to section 603-21.5(a)(3), over:
(1) All matters relating to instruments required by this part to be recorded pursuant to chapter 502;
(2) All other matters pertaining to a leasehold time share interest (except those in which jurisdiction is vested in the land court pursuant to this section); and
(3) All matters as to which jurisdiction would otherwise lie in the land court in part and in the circuit court in part.
[L 1998, c 219, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-262 Effect of deregistration.

§501-262 Effect of deregistration.
(a) From and after the date and time of deregistration of registered land:
(1) The deregistered land shall no longer be registered land for purposes of this chapter;
(2) No instruments, documents, or papers relating solely to deregistered land shall be filed or recorded with the assistant registrar pursuant to this chapter, but shall instead be recorded in the bureau of conveyances pursuant to chapter 502; and
(3) Except as otherwise expressly provided in this chapter, chapter 502 shall apply to the deregistered land.
(b) Neither voluntary deregistration of land other than a fee time share interest nor the mandatory deregistration of any fee time share interest pursuant to part II of this chapter, whether by recordation of a certificate of title in the bureau of conveyances prior to July 1, 2012, or by operation of law thereafter, shall disturb the effect of any proceedings in the land court where the question of title has been determined. All proceedings had in connection with the registration of title that relate to the settlement or determination of title to deregistered land before the date and time of deregistration, and all provisions of this chapter that relate to the status of the title, shall have continuing force and effect with respect to the period of time that title remained under the land court system. An uncertified fee time share interest certificate of title shall have the same force and effect as a certified fee time share interest certificate of title; provided that the assistant registrar shall have the right to correct and complete the uncertified fee time share interest certificate of title prior to certification thereof; provided further that upon certification thereof, section 501-261(2) shall apply. Those provisions giving rise to a right of action for compensation from the State, including any limits on and conditions to the recovery of compensation and the State's rights of subrogation with respect thereto, shall also continue in force and effect with respect to the period of time that title remained under the land court system. [L 2009, c 120, pt of §2, §21; am L 2012, c 121, §5; am L 2013, c 119, § §7, 11; am L 2016, c 215, §4]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-265 Status of fee time share interest and other interest in deregistered land as real property.

§501-265 Status of fee time share interest and other interest in deregistered land as real property.
Nothing in this part shall affect the status of a fee time share interest or other interest in deregistered land as real property. [L 2009, c 120, pt of §2, §21; am L 2013, c 119, §11]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-266 Dual recording involving deregistered land.

§501-266 Dual recording involving deregistered land.
Nothing in this part shall prevent or prohibit the registration of an instrument that conveys, assigns, or affects both registered land and deregistered land. [L 2009, c 120, pt of §2, §21; am L 2013, c 119, §11]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-267 Reference to prior recorded instrument.

§501-267 Reference to prior recorded instrument.
Any instrument conveying or otherwise dealing with deregistered land and which requires a reference to a prior recorded instrument may satisfy the requirements of section 502-33 by reference to the land court document number (in the case of a document recorded pursuant to chapter 501) or to the book and page or bureau of conveyances document number (in the case of a document recorded pursuant to chapter 502) of the instrument to which reference is made. [L 2009, c 120, pt of §2, §21; am L 2013, c 119, §11]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-268 Legal incidents of deregistered land.

§501-268 Legal incidents of deregistered land.
Nothing in this part shall in any way be construed to relieve deregistered land or the owners of deregistered land from:
(1) Any rights incident to the relation of husband and wife;
(2) Liability to attachment or mesne process or levy on execution;
(3) Liability to any lien of any description established by law on the deregistered land, or in the interest of the owner in the deregistered land;
(4) The right to change the laws of descent;
(5) The rights of partition between coparceners and other cotenants;
(6) The right to take the same by eminent domain;
(7) Liability to be recovered by a trustee in bankruptcy under the provisions of law relating to preferences;
(8) Any other rights or liabilities created by law and applicable to the owner of a condominium apartment that is part of a condominium property regime established on registered land and which is not used in a time share plan, except as otherwise expressly provided in this part; or
(9) Any other rights or liabilities created by law and applicable to the deregistered land, except as otherwise expressly provided [in] this part. [L 2009, c 120, pt of §2, §21; am L 2013, c 119, §11]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-269 Jurisdiction for matters pertaining to deregistered land.

§501-269 Jurisdiction for matters pertaining to deregistered land.
The land court shall have jurisdiction over all matters relating to instruments required by this part to be registered pursuant to this chapter. Where any party is in doubt as to whether an instrument must be registered, the question shall be referred to the land court for decision; and the court, after notice to all parties and a hearing, shall enter an order determining the question. Notice to the owner of a fee time share interest shall be given by mailing notice to the association of time share owners required to be established pursuant to section 514E-29, and the association shall represent the owners in any matters and proceedings, without prejudice to the right of any individual owner to appear and be heard as a separate party. Except as expressly provided in this section, nothing in this part shall deprive the land court of exclusive jurisdiction pursuant to section 501-1 over registered land, or any interest therein, other than registered land that becomes deregistered land. The circuit court shall have jurisdiction, pursuant to section 603-21.5(a)(3), over:
(1) All matters relating to instruments required by this part to be recorded pursuant to chapter 502;
(2) All other matters pertaining to deregistered land (except those in which jurisdiction is vested in the land court pursuant to this section); and
(3) All matters as to which jurisdiction would otherwise lie in the land court in part and in the circuit court in part. [L 2009, c 120, pt of §2, §21; am L 2013, c 119, §11]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-1 Registrar; appointment; tenure; salary.

Note
Sections 502-1 to 502-4 designated as Part I and part heading amended by L 2009, c 102, §2(2).
§502-1 Registrar; appointment; tenure; salary.
There shall be a bureau in the department of land and natural resources to be called the bureau of conveyances. A registrar of conveyances shall be appointed by the board of land and natural resources, under chapter 76, and shall be superintendent of the bureau. The registrar shall receive such salary as shall be provided by law. [CC 1859, §1249; RL 1925, §3124; am L 1931, c 63, §1; RL 1935, §5110; RL 1945, §12710; am L 1951, c 47, §1; RL 1955, §343-1; am L 1963, c 107, §1(a), (b); HRS §502-1; gen ch 1985; am L 2000, c 253, §150]
Cross References
Conveyance tax, see chapter 247.
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-3 Deputy registrar, appointment, duties.

§502-3 Deputy registrar, appointment, duties.
The registrar, under the direction of the board of land and natural resources, shall appoint a deputy, for whose official acts the registrar shall be responsible, and whose appointment the registrar shall announce by public notice. The deputy shall act as registrar of conveyances, during the absence of the registrar, or in case of a vacancy in that office. [CC 1859, §1252; am L 1903, c 5, §1; RL 1925, §3126; RL 1935, §5112; RL 1945, §12712; am L 1951, c 47, §2; RL 1955, §343-3; am L 1963, c 107, §1(b); HRS §502-3; gen ch 1985; am L 1998, c 2, §103]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-7 Definitions.

Note
Sections 502-7 and 502-8 designated as Part II and part heading amended by L 2009, c 102, §2(3).
§502-7 Definitions.
As used in this chapter, unless the context otherwise requires:
"Grantee" means a party that acquires interest by way of transfer of real property.
"Record", "recorded", or "recording" means the act of entering into the public records the written instruments affecting title to real property.
"Signature" means the name of a person as written by the individual, the affixing of a mark or finger or toe print, or electronic signature as that term is defined in chapter 489E. [L 1995, c 22, §2; am L 2009, c 120, §11]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-8 Bureau of conveyances special fund.

§502-8 Bureau of conveyances special fund.
(a) There is established in the state treasury the bureau of conveyances special fund, into which shall be deposited the revenues remitted pursuant to sections 501-23.5 and 502-25, interest earnings, grants, donations, and appropriations from the legislature that shall be held separate and apart from all other moneys, funds, and accounts in the state treasury.
(b) Moneys in the bureau of conveyances special fund shall be used by the bureau of conveyances for the following purposes:
(1) Planning, design, construction, and acquisition of equipment, furnishings, and software necessary for the development of the recording system described in this chapter and chapter 501;
(2) Operating, maintaining, and improving the recording system described in this chapter and chapter 501 or any other purpose deemed necessary by the bureau of conveyances for the purpose of planning, improving, developing, operating, and maintaining the recording system described in this chapter and chapter 501;
(3) Permanent and temporary staff positions for the purposes of this chapter and chapter 501; and
(4) Administrative costs for the purposes of this chapter and chapter 501.
(c) All moneys in excess of $500,000 remaining on balance in the bureau of conveyances special fund on June 30 of each year shall lapse to the credit of the state general fund; provided that any balance of funds collected pursuant to section 16 of Act 120, Session Laws of Hawaii 2009, shall not lapse to the credit of the state general fund. On July 1 of each year, the director of finance is authorized to transfer any excess funds in the bureau of conveyances special fund to the state general fund. [L 1999, c 125, §2; am L 2003, c 178, §58; am L 2009, c 120, §12]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-11 Entry record.

Note
Sections 502-11 to 502-27 designated as Part III and part heading amended by L 2009, c 102, §2(4).
§502-11 Entry record.
The registrar shall make and keep in a form and manner as is prescribed by the board of land and natural resources a permanent record of the receipt of every:
(1) Deed and instrument left for record;
(2) Copy left as a caution;
(3) Plan filed; and
(4) Plan of the parcel or parcels of land deregistered pursuant to section 501-261.5;
provided that the registrar shall note on the record, in addition to a description sufficient to identify the document and the date and time of its receipt, any other facts as prescribed by the board of land and natural resources. Every document shall be considered as recorded at the time so noted. [L 1905, c 4, §1; RL 1925, §3127; RL 1935, §5113; RL 1945, §12713; RL 1955, §343-4; am L 1963, c 107, §2; HRS §502-11; am L 2021, c 187, §3]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-12 Indexes.

§502-12 Indexes.
The registrar shall keep indexes for public inspection in such form and manner as is prescribed by the board of land and natural resources. [L 1905, c 4, §3; RL 1925, §3129; RL 1935, §5115; RL 1945, §12715; RL 1955, §343-6; am L 1966, c 26, §2; HRS §502-12; am L 1980, c 39, §1; am L 1992, c 197, §6]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-13 Names of parties indexed.

§502-13 Names of parties indexed.
The registrar shall, within a reasonable time, cause the name of each and every grantor, grantee, or other party thereto to be entered at length and alphabetically in its appropriate index. [L 1905, c 4, §4; RL 1925, §3130; RL 1935, §5116; RL 1945, §12716; RL 1955, §343-7; HRS §502-13; gen ch 1993]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-14 Entries where one transfers another's real estate; in partition cases.

§502-14 Entries where one transfers another's real estate; in partition cases.
When an instrument, by which one person by authority of law transfers or conveys the real estate of another person, is left for record, the registrar shall enter in the registrar's entry book and grantor index both the name of the person making the transfer and conveyance and that of the person whose estate has been so transferred or conveyed, if the latter name appears in the instrument.
When a return of a commissioner appointed to make partition of real estate is left for record, the registrar shall enter in the entry book, and in both the grantor and grantee indexes, the names of all persons whose estates plainly appear to be affected by the return. [L 1905, c 4, §5; RL 1925, §3131; RL 1935, §5117; RL 1945, §12717; RL 1955, §343-8; HRS §502-14; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-15 Annual indexes.

§502-15 Annual indexes.
The registrar shall within the first six months of each year, or within such further time during the year as the registrar may think proper, cause to be made by competent persons, copies of the indexes to the instruments recorded in the bureau of conveyances during the preceding year, in which copies the grantors and grantees shall be classified by their respective surnames in alphabetical order, and arranged under such surnames in the order in which the deeds and other conveyances to which they refer were left for record. The registrar may also cause the Christian or given names of grantors and grantees, as well as their surnames to be arranged in alphabetical order in such lists.
The registrar shall cause to be made a reclassification and consolidation of the yearly indexes as the convenience of the registrar may permit. The registrar may also cause copies of the indexes or new indexes to the records existing in the registrar's office to be made by some competent person as conditions may require. [L 1905, c 4, §6; RL 1925, §3132; RL 1935, §5118; RL 1945, §12718; am L 1955, c 135, §1; RL 1955, §343-9; am imp L 1967, c 6, §1; HRS §502-15; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-16 Decennial indexes.

§502-16 Decennial indexes.
The registrar shall cause a reclassification and consolidation of the yearly indexes to be made at least once in every ten years as the convenience of the registrar may permit, in the same manner as set forth in section 502-15. The registrar may cause copies of the indexes or new indexes to the records existing in the registrar's office, to be made by some competent person in the same manner as set forth in section 502-15. [L 1905, c 4, §7; RL 1925, §3133; RL 1935, §5119; RL 1945, §12719; am L 1955, c 135, §2; RL 1955, §343-10; HRS §502-16; gen ch 1985; am L 2006, c 38, §17]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-18 Description; lot subdivisions.

§502-18 Description; lot subdivisions.
A metes and bounds description of the exterior boundaries of the parcel or parcels of land sought to be registered as a file plan shall be written upon the plan, or printed or typewritten on unruled good quality white paper 11 inches long by 8 1/2 inches wide and shall be filed in duplicate with the file plan. The metes and bounds description shall be dated and signed by the licensed professional surveyor making the field survey, or under whose supervision the field survey was executed. If the land sought to be registered as a file plan is being deregistered pursuant to part II of chapter 501, the metes and bounds description shall be dated and signed by the licensed professional surveyor making the file plan, or under whose supervision the file plan was made. The boundaries of the land platted shall be described as running from left to right (clockwise) and the azimuth system shall be used in designating the courses of the survey with zero or 360 degrees at due South; 90 degrees at due West; 180 degrees at due North; 270 degrees at due East. Any printed or typewritten description filed separately with the file plan shall be recorded in the registry system and the book and page thereof noted on the file plan. Expense of recordation shall be charged to the owner. The initial point in the description shall clearly show the connection with the government triangulation system. All outside corners of the tract shall be substantially marked by monuments in the ground, where practicable; unless the land is being deregistered pursuant to part II of chapter 501. In all cases where tracts of land are subdivided into lots, with the intention of conveying separate lots by lot number and reference to the plat, it is necessary to show the true azimuths and lengths of all principal lines and the lot areas. A sufficient number of durable monuments shall be placed in the ground so as to accurately identify each lot, unless the land is being deregistered pursuant to part II of chapter 501. Any lands being deregistered pursuant to part II of chapter 501 shall not subdivide or consolidate when registering as a file plan, and only contiguous parcels shall be shown on the same plan. [L 1905, c 23, §2; am L 1915, c 68, §2; RL 1925, §3135; am L 1931, c 63, §3; RL 1935, §5121; RL 1945, §12721; am L 1951, c 200, §1; RL 1955, §343-12; HRS §502-18; am L 2021, c 187, §5]
Cross References
References to book and page, see §502-31.5.
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-19 Plans on tracing cloth; size; scale.

§502-19 Plans on tracing cloth; size; scale.
All plans must be on tracing cloth of good quality, and shall be of one of the following sizes, the figures indicating inches: 10 x 15; 15 x 21; 21 x 32; 30 x 36; 36 x 42; or 42, 48, or 54 wide without restriction as to length; which plans shall be prepared and drawn according to some one of the following scales: 10, 20, 30, 40, 50, 100, 200, 300, 400, 500, 1000, 2000, 3000, 4000, or 5000 feet to an inch. [L 1905, c 23, §3; RL 1925, §3136; am L 1929, c 117, §1; am L 1931, c 63, §4; RL 1935, §5122; RL 1945, §12722; RL 1955, §343-13; HRS §502-19]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-20 New maps for old.

§502-20 New maps for old.
The registrar at such times when the original tracings of filed plans and land court maps on file in the bureau of conveyances, are found to be in such condition that satisfactory blueprint copies thereof cannot be made, shall forward any such map or plan to the department of accounting and general services of the State, with the request that another tracing thereof be made. The department, on receipt of the request and map or plan, shall prepare another tracing thereof, and shall certify that same is a true copy of the original on file in the bureau of conveyances, and shall file the same, together with two certified blueprint copies, with the registrar. Any such certified tracing of a map or plan shall thereafter be regarded for all purposes as the original. [L 1927, c 167, § §1, 2, 3; RL 1935, §5123; RL 1945, §12723; RL 1955, §343-14; am L Sp 1959 2d, c 1, §12; HRS §502-20]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-21 Recording of plans unlawful.

§502-21 Recording of plans unlawful.
It shall not be lawful for the registrar to accept for record any plan of land, whether attached to, made a part of, or independent of, any deed, certified copy of judgment of condemnation, or other instrument; to the end and purpose that there shall be no plans recorded in the record books, but in substitution therefor there shall be a single method of filing plans in the archives of the bureau of conveyances; provided that where sketches, blueprints, or plans of land of a size not larger than 8 1/2 inches by 14 inches which legibly reproduces under photographic, electronic, or electrostatic methods are attached to instruments and made a part thereof by reference to the same in the instrument, the registrar may record the same in the record books by means of the photographic recorder, on payment of the fee as provided in section 502-25. [L 1905, c 23, §4; am L 1909, c 49, §1; RL 1925, §3137; am L 1931, c 63, §5; RL 1935, §5124; RL 1945, §12724; RL 1955, §343-15; am L 1966, c 26, §3; HRS §502-21; am L 2009, c 102, §2(13)]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-22 Copies of plans furnished by registrar.

§502-22 Copies of plans furnished by registrar.
The registrar shall furnish, when so requested, copies of any map or plan filed in accordance with sections 502-17 to 502-21, duly certified by the registrar's seal of office, upon payment of the fee hereinafter mentioned. In addition, the registrar may authorize the department of accounting and general services to furnish, when so requested, copies of such maps or plans, subject to the payment of fees applicable to maps or plans furnished by the registrar. The copies of maps or plans may be furnished in photographic, electronic, or electrostatic form. [L 1909, c 49, §2; RL 1925, §3138; am L 1931, c 63, §6; RL 1935, §5125; RL 1945, §12725; RL 1955, §343-16; HRS §502-22; am L 1981, c 146, §2; gen ch 1985; am L 2009, c 102, §2(14)]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-23 Sale or lease by reference to lots or blocks without filing of plans; penalty.

§502-23 Sale or lease by reference to lots or blocks without filing of plans; penalty.
Whoever lays out or subdivides a tract of land into lots or blocks and sells by lot number or block number or leases by lot number or block number any lot or block in any subdivision without first having filed in the bureau of conveyances a plan thereof, drawn in accordance with sections 502-17 to 502-22, or whoever sells by lot number or block number or leases by lot number or block number any lot or block in any subdivision, the plan of which subdivision is not on record or on file in the bureau of conveyances shall be fined not more than $50 for each lot or block or part thereof so sold or leased. This section and section 502-24 shall not apply to land held under chapter 501. [L 1911, c 46, §1; am L 1913, c 74, §1; RL 1925, §3139; RL 1935, §5126; RL 1945, §12726; RL 1955, §343-17; HRS §502-23]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-24 Report of violations.

§502-24 Report of violations.
Whenever it comes to the knowledge of the registrar that section 502-23 has been violated the registrar shall notify the attorney general and the planning department of the county of the fact. [L 1911, c 46, §2; RL 1925, §3140; RL 1935, §5127; am L 1939, c 242, pt of §11; RL 1945, §12727; RL 1955, §343-18; HRS §502-24; am L 1972, c 125, §1(a); gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-25 Fees.

§502-25 Fees.
(a) Except when otherwise provided, fees for services rendered under this chapter shall be established by rules adopted by the department of land and natural resources, pursuant to chapter 91.
(b) Notwithstanding any other law to the contrary, of the fees received at the bureau of conveyances, the registrar of conveyances shall deposit to the credit of the state general fund $18 for each document recorded and shall deposit the remaining balance and all fees other than the special mortgage recording fee established pursuant to section 431P-16 and conveyance tax collected pursuant to section 247-1 to the credit of the bureau of conveyances special fund established under section 502-8.
(c) For recordation of the document of which the United States, State of Hawaii, or any county of the State of Hawaii is the grantee, no fees shall be charged. [CC 1859, §1251; am L 1888, c 13, §1; am L 1911, c 51, §1; am L 1913, c 73, §1; am L 1917, c 41, §1; RL 1925, §3141; am L 1927, c 74, §1; am L 1931, c 63, §7; am L 1932 2d, c 16, §1; am L 1933, c 129, §1; RL 1935, §5128; am L 1937, c 110, § §1, 2 and c 178, §1; RL 1945, §12728; am L 1947, c 157, §1; am L 1951, c 112, §1; am L 1955, c 247, §5; RL 1955, §343-19; am imp L 1966, c 26, §1; HRS §502-25; am L 1980, c 90, §1; gen ch 1985; am L 1989, c 47, §8; am L 1992, c 197, §7; am L 1993, c 6, §28 and c 141, §3; am L 1999, c 125, §3; am L 2002, c 125, §2]
Cross References
Disposition of fees received at the bureau of conveyances, see §501-23.5.
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-26 Copies of instruments, certificates.

§502-26 Copies of instruments, certificates.
(a) The registrar, when applied to, shall furnish an attested copy of any instrument or document recorded in the registrar's office, or of any fact appearing upon the registrar's records. The registrar may also issue nonattested documents or portions of any instrument or document recorded in the registrar's office in photographic, electronic, or electrostatic form. The registrar may issue certificates of search or encumbrance when personnel is available for the making of the certificate.
(b) Within ten days after the end of each week, the registrar shall deliver or forward by mail or electronic transmission, without charge, an image and index of all instruments or documents that have been recorded in the registrar's office during each week relating to land in all the counties, to the county designated to act as a central clearinghouse in a memorandum of understanding agreed upon by the counties. The central clearinghouse shall deliver the images and index to the other counties without charge. The index shall include the following for each instrument:
(1) Document number;
(2) Certificate number;
(3) Date of the filing;
(4) Type of document;
(5) Names of grantor and grantee;
(6) Current tax map key number; and
(7) Location by island. [CC 1859, §1264; RL 1925, §3142; RL 1935, §5129; RL 1945, §12729; am L 1951, c 141, §1; RL 1955, §343-20; am L 1966, c 26, §4; HRS §502-26; gen ch 1985; am L 1993, c 141, §4; am L 2009, c 57, §2 and c 102, §2(15)]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-27 Charges.

§502-27 Charges.
(a) Except when otherwise provided, fees for the use of microfilms of documents recorded in the bureau of conveyances for the purpose of making duplicates shall be established by rules adopted by the department of land and natural resources pursuant to chapter 91.
(b) Frame charges for duplicating microfilm shall not be assessed against any agency of the State or counties thereof. [L 1974, c 7, §1; am L 1999, c 125, §4]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-31.5 Reference in other sections.

§502-31.5 Reference in other sections.
Any reference throughout the Hawaii Revised Statutes to book and page after December 31, 1989, shall also refer to book and page or document number. [L 1989, c 47, §1]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-32 Instrument recorded as of time of delivery; office hours.

§502-32 Instrument recorded as of time of delivery; office hours.
Every instrument entitled by law to be recorded, shall be recorded in the order and as of the time when the same is delivered to the registrar for that purpose, and shall be considered as recorded from the time of such delivery; provided that it shall not be lawful for the registrar to accept or enter for record and record any instrument or other paper on any Sunday or legal holiday, or on any Saturday that the registrar's office remains closed pursuant to law, or on any other day except between the hours of 8:00 a.m. and 3:30 p.m. It is further provided that it shall be lawful for the registrar to enter into a written agreement with any person or association, which agreement authorizes an instrument to be recorded at 8:01 a.m. on a day subsequent to its delivery to the registrar. [CC 1859, §1260; am L 1905, c 7, §2; am L 1911, c 59, §1; am L 1923, c 37, §1; RL 1925, §3144; RL 1935, §5131; RL 1945, §12731; am L 1955, c 152, §1; RL 1955, §343-22; HRS §502-32; am L 1974, c 13, §2; am L 1989, c 47, §10]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-34 Grantee's address in deed.

§502-34 Grantee's address in deed.
The registrar shall not record any deed unless it contains or has endorsed upon it the address of the grantee. This section does not apply to any deed executed prior to July 1, 1951. [L 1951, c 38, §1; RL 1955, §343-24; HRS §502-34; am L 1989, c 47, §12]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-42 Certificate, contents.

§502-42 Certificate, contents.
The certificate of acknowledgment shall state in substance that the person who executed the instrument appeared before the notary public granting the certificate and acknowledged or stated that the person executed the same, and that the person was personally known to the notary public granting the certificate to be the person whose name is subscribed to the instrument as a party thereto, or was proved to be the party by the oath or affirmation of a credible witness known to the notary public whose name shall be inserted in the certificate or by other satisfactory evidence of identity under the laws of this State. If the person who executed the instrument appeared before a notary public as a remotely located individual under section 456-23, then the certificate shall indicate that the notarial act was performed using communication technology in a manner provided in section 456-23. It shall not be grounds for the rejection of any certificate, or for refusing to accept the instrument for record or in evidence, that the certificate fails to state that the person making the acknowledgment stated or acknowledged that the instrument was executed freely or voluntarily by the person or as the person's free act and deed. [L 1872, c 28, §2; RL 1925, §3147; RL 1935, §5134; am L 1943, c 197, §2; RL 1945, §12734; RL 1955, §343-26; HRS §502-42; gen ch 1985; am L 2020, c 54, §20]
Case Notes
Policy of law is to uphold certificates of acknowledgment when substance is found. 15 H. 570, 573 (1904); 16 H. 294, 299 (1904); 18 H. 179, 184 (1907).
Deed valid as between parties, even if not properly acknowledged. 49 H. 62, 63, 412 P.2d 326 (1966). See 2 H. 161, 163 (1859); 17 H. 56, 58 (1905).
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-43 Form when person unknown.

§502-43 Form when person unknown.
When the person offering the acknowledgment is unknown to the officer taking the acknowledgment, the certificate may be substantially in the following form, to-wit:
State of Hawaii ) ss.
County of .........................)
On ............(insert date), personally appeared before me A.B., satisfactorily proved to me to be the person described in and who executed the within instrument, by the oath of C.D., a credible witness for that purpose, to me known and by me duly sworn, and the person, A.B., acknowledged that the person executed the same freely and voluntarily for the uses and purposes therein set forth. [L 1872, c 28, §4; RL 1925, §3149; RL 1935, §5135; RL 1945, §12735; RL 1955, §343-27; HRS §502-43; am L 1972, c 125, §1(c); am L 1992, c 197, §11; am L 2006, c 38, §19]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-44 Married women.

§502-44 Married women.
The acknowledgment of a married woman when required by law may be taken in the same form as if she were sole and without any examination separate and apart from her husband. [L 1909, c 69, §2; RL 1925, §3150; RL 1935, §5136; RL 1945, §12736; RL 1955, §343-28; HRS §502-44]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-45 Acknowledgments without the State.

§502-45 Acknowledgments without the State.
The proof or acknowledgment of any deed or other written instrument required to be proved or acknowledged in order to enable the same to be recorded or read in evidence, when made by any person without the State and within any other state, territory, district, or dependency of the United States, may be made before any officer of the state, territory, district, or dependency authorized by the laws thereof to take proof and acknowledgment of deeds and when so taken, and when the certificate of acknowledgment is in a form sufficient to entitle deeds of real property to be recorded in the appropriate office for recording in such state, territory, district, or dependency or in the form provided or permitted by any of sections 502-41 to 502-43, shall be entitled to be recorded and may be read in evidence in the State. The signature of such officer constitutes prima facie evidence that the acknowledgment is taken in accordance with the laws of the place where made and of the authority of the officer to take the acknowledgment. If the record of any such instrument, or a transcript thereof, is used in evidence in any proceeding the burden shall be on the party relying on such record to prove that the instrument was duly executed, in any proceeding where such fact is asserted by such party and is in dispute. The burden may be met by proof made in the manner provided in section 502-46. [L 1909, c 69, §3; RL 1925, §3151; RL 1935, §5137; am L 1943, c 197, §3; RL 1945, §12737; RL 1955, §343-29; am L 1963, c 83, §1; HRS §502-45]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-46 Same; certificate of authority of officer.

§502-46 Same; certificate of authority of officer.
The burden of proving due execution of any conveyance or written instrument, acknowledged or proved under section 502-45, may be met by any admissible evidence sufficient for that purpose and shall also be met if at the time of recording or thereafter there is indorsed, subjoined, or attached to the certificate of proof or acknowledgment, signed by such officer, a certificate of the secretary of state of the state or territory in which such officer resides, under the seal of the state or territory, or a certificate of the clerk of a court of record of the state, territory, or district in the county in which the officer resides or in which the officer took such proof or acknowledgment, under the seal of the court, or a certificate of the executive officer or clerk of a court of record of such dependency, authorized to make such certificate, stating that the officer was, at the time of taking the proof or acknowledgment, duly authorized to take acknowledgments and proofs of deeds of lands in the state, territory, district, or dependency, and that the secretary of state, or other authorized executive officer, or clerk of court, is well acquainted with the handwriting of the officer taking the acknowledgment or proof, and that the secretary of state, executive officer, or clerk verily believes that the signature affixed to the certificate of proof or acknowledgment is genuine.
The authentication of the proof or acknowledgment of a deed or other written instrument when taken without the State and within any other state, territory, or district of the United States, shall be in substantially the following form:
(Begin with a caption specifying the state, territory, or district, and county or place, where the authentication is made.)
I,....................., clerk of the.................... in and for said county which court is a court of record, having a seal (or I,....................., the secretary of state of said state or territory) do hereby certify that...................... by and before whom the foregoing acknowledgment (or proof) was taken, was at the time of taking the same, a notary public (or other officer) residing (or authorized to act) in the county, and was duly authorized by the laws of the state (territory or district) to take and certify acknowledgment or proofs of deeds of land in the state (territory or district), and further that I am well acquainted with the handwriting of......................, and that I verily believe that the signature to the certificate of acknowledgment (or proof) is genuine. In testimony whereof, I have hereunto set my hand and affixed the seal of the court (or state) this....day of...., 19..... [L 1909, c 69, §4; RL 1925, §3152; RL 1935, §5138; am L 1943, c 197, §4; RL 1945, §12738; RL 1955, §343-30; am L 1963, c 83, §2; HRS §502-46; gen ch 1985]
Revision Note
In second paragraph, "proof or acknowledgment" substituted for "proof of acknowledgment".
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-48 Identification of person making.

§502-48 Identification of person making.
No acknowledgment of any conveyance or other instrument, except as provided by this chapter, whereby any real estate is conveyed or may be affected, shall be taken, unless the person offering to make the acknowledgment is personally known to the notary public taking the acknowledgment to be the person whose name is subscribed to the conveyance or instrument as a party thereto, or is proved to be such by the oath or affirmation of a credible witness known to the notary public, or by production of a valid identification card or document issued by the United States, this State, any other state, or a national government that contains the bearer's photograph and signature, or by obtaining satisfactory evidence of identity of a remotely located individual under section 456-23. [L 1909, c 69, §6; RL 1925, §3154; RL 1935, §5140; RL 1945, §12740; RL 1955, §343-32; HRS §502-48; am L 1995, c 141, §4; am L 2020, c 54, §21]