reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-26 Amendments to application.

§501-26 Amendments to application.
Amendments to the application, including joinder, substitution, or discontinuing as to parties, shall be allowed by the court at any time upon terms that are just and reasonable. All amendments shall be in writing, signed, and sworn to, like the original.
The court may at any time order an application to be amended by striking out one or more of the parcels or by a severance of the application. [L 1903, c 56, §23, pt of §24; RL 1925, §3212, pt of §3213; RL 1935, §5017; RL 1945, §12617; RL 1955, §342-18; HRS §501-26]
Rules of Court
Amendments to application, see RLC rule 6.
Case Notes
Petition should not be denied in toto because of adverse claim to a portion; denial should be without prejudice to registration of the remainder. 19 H. 334 (1909).
This section sanctions amendment to show applicant a trustee for another, and intervention of the equitable owner. 33 H. 364, 368 (1935).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-27 Land bounded on way.

§501-27 Land bounded on way.
If the application describes the land as bounded on a public or private way, it shall state whether or not the applicant claims any and what land within the limits of the way, and whether the applicant desires to have the line of the way determined. [L 1903, c 56, §25; RL 1925, §3214; RL 1935, §5018; RL 1945, §12618; RL 1955, §342-19; HRS §501-27]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-28 Plans and muniments.

§501-28 Plans and muniments.
The applicant shall file with the application a plan of the land, and all original muniments of title within the applicant's control mentioned in the schedule of documents. Such original muniments as affect land not included in the application may be withdrawn on filing certified copies of the same. When an application is dismissed or discontinued the applicant may, with the consent of the court, withdraw the original muniments of title. The applicant shall also file with the application a complete abstract of title of the land upon forms furnished by the court and in accordance with the rules of court. [L 1903, c 56, §26; am L 1915, c 62, §1; RL 1925, §3215; RL 1935, §5019; RL 1945, §12619; RL 1955, §342-20; HRS §501-28; am L 1972, c 91, §1(f); gen ch 1985]
Case Notes
Cited as to abstract, documents to be included. 32 H. 813, 816 (1933).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-29 Land subject to mortgage or lease.

§501-29 Land subject to mortgage or lease.
When an application is made subject to an existing recorded mortgage, or to a recorded lease for a term exceeding one year, or when the registration is to be made subject to such a mortgage or lease executed after the time of the application and before the date of the transcription of the decree, the applicant shall, if required by the court, file a certified copy of the mortgage or lease, and shall cause the original, or, in the discretion of the court, a certified copy thereof, to be presented for registration before a decree of registration is entered. [L 1903, c 56, §27; RL 1925, §3216; RL 1935, §5020; RL 1945, §12620; RL 1955, §342-21; HRS §501-29]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-30 Additional facts.

§501-30 Additional facts.
The rules of court may require facts to be stated in the application in addition to those prescribed by this chapter, and not inconsistent therewith, and may require the filing of any additional papers. [L 1903, c 56, §28; RL 1925, §3217; RL 1935, §5021; RL 1945, §12621; RL 1955, §342-22; HRS §501-30; am L 1972, c 91, §1(g)]
2023 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.
2023 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).
2023 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 (2019).
Case Notes
Cited: 73 H. 297, 832 P.2d 724 (1992).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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]
2023 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).
2023 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).
2023 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).
2023 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)]
2023 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).
2023 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).
2023 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).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-75 Transcription of decree in registry; certificate of title.

§501-75 Transcription of decree in registry; certificate of title.
Immediately upon the entry of the decree of registration the registrar shall send a certified copy thereof, under the seal of the court, to the assistant registrar in the bureau of conveyances, who shall transcribe the decree in a book to be called the registration book, in which a leaf or leaves in consecutive order shall be devoted exclusively to each title. The entry made by the assistant registrar in this book in each case shall be the original certificate of title, and shall be signed by the assistant registrar and sealed with the seal of the court. All certificates of title shall be numbered consecutively, beginning with number one.
The certified copy of the decree of registration shall be filed and numbered by the assistant registrar with a reference noted on it to the place of record of the original certificate of title. When several parcels of land which are not contiguous have been registered under one application as permitted by section 501-25, the decree of registration shall expressly state that the assistant registrar, after entering the decree in the registration book, may cancel the original certificate of title and issue in place thereof a separate transfer certificate of title for each parcel so registered. [L 1903, c 56, §41; RL 1925, §3231; am L 1931, c 242, §1; RL 1935, §5039; RL 1945, §12639; RL 1955, §342-40; HRS §501-75; am L 1972, c 91, §1(o); gen ch 1985; am L 1988, c 346, §3]
Rules of Court
Record of disposition, see RLC rule 54.
Transcription of decree, see RLC rule 55.
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-81 Legal incidents of registered land.

§501-81 Legal incidents of registered land.
Registered land, and ownership therein, shall in all respects be subject to the same burdens and incidents which attach by law to unregistered land. Nothing in this chapter shall in any way be construed to relieve registered land or the owners thereof from any rights incident to the relation of husband and wife; or from liability to attachment or mesne process or levy on execution; or from liability to any lien of any description established by law on land and the buildings thereon, or in the interest of the owner in land or buildings; or to change the laws of descent except as provided in section 501-71; or the rights of partition between coparceners and other cotenants; or the right to take the same by eminent domain; or to relieve such land from liability to be recovered by a trustee in bankruptcy under the provisions of law relating to preferences; or to change or affect in any way any other rights or liabilities created by law and applicable to unregistered land; except as otherwise expressly provided in this chapter. [L 1903, c 56, §70; RL 1925, §3259; RL 1935, §5040; RL 1945, §12640; RL 1955, §342-41; HRS §501-81; am L 1972, c 91, §1(p)]
Case Notes
Civil rights action involving courts' relocation of seaward boundary of registered land. 402 F. Supp. 95 (1975).
Easements of ingress and egress, creation of by subdivision map filed in land court. 34 H. 881 (1939); 39 H. 608 (1952). See 37 H. 270 (1945). Dedication of streets. 39 H. 514 (1952).
Rights incident to relation of husband and wife affect registered land as well as unregistered. 35 H. 816, 825 (1941).
Registered land, like unregistered land, is subject to erosion. 55 H. 176, 517 P.2d 57 (1973).
Mentioned: 130 H. 183 (App.), 307 P.3d 163 (2013).
Referred to: 44 H. 235, 246, 353 P.2d 1007 (1960); 50 H. 189, 436 P.2d 207 (1967).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-83 Certificate effective from transcription.

§501-83 Certificate effective from transcription.
The certificate first registered in pursuance of a decree of registration in regard to any parcel of land shall be entitled in the registration book "original certificate of title, entered pursuant to decree of the land court, dated at" (stating time and place of entry of decree and the number of the case). The certificate shall take effect from the date of the transcription of the decree. Subsequent certificates relating to the same land shall be in like form, but shall be entitled "transfer from No...." (the number of the next previous certificate relating to the same land); and also the words "originally registered" (date, volume, and page of registration); except that where land after original registration is registered in heirs or devisees, the certificate shall be entitled "registered transfer by descent or devise from No...." and shall contain the same information as to the decree as an original certificate. [L 1903, c 56, §42; am L 1913, c 21, §1; RL 1925, §3232; am L 1927, c 258, §8; RL 1935, §5042; RL 1945, §12642; RL 1955, §342-43; HRS §501-83]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-83.5 Outstanding owner's duplicate certificates.

§501-83.5 Outstanding owner's duplicate certificates.
No owner's duplicate certificates of title shall be issued after June 14, 1988, whether the deed or other instrument upon which such would have been based was recorded before or after June 14, 1988. Whenever a duplicate has been issued and is still outstanding, it shall be deemed to have been surrendered and notwithstanding any other provision herein, the assistant registrar shall accept for filing any deed or other voluntary instruments without requiring the presentation of the outstanding duplicate certificate. [L 1988, c 346, §25; am L 1992, c 197, §2]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-84 Certificates, when two or more owners.

§501-84 Certificates, when two or more owners.
Where two or more persons are registered owners under any tenancy, one certificate shall be issued for the whole land. Any conveyance of fee simple interest in registered land shall be recorded with the assistant registrar, who shall note the same on the certificate, cancel all the certificates affecting the whole land, and issue a new certificate to reflect all the owners of the whole land. [L 1903, c 56, §43; RL 1925, §3233; RL 1935, §5043; RL 1945, §12643; RL 1955, §342-44; HRS §501-84; gen ch 1985; am L 1988, c 346, §4; am L 1993, c 18, §1]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-86 Registration runs with land.

§501-86 Registration runs with land.
The obtaining of a decree of registration, and the entry of a certificate of title, shall be regarded as an agreement running with the land, and binding upon the applicant and all the applicant's successors in title, that the land shall be and forever remain registered land, and subject to this chapter, except as provided in part II. [L 1903, c 56, §45; RL 1925, §3235; RL 1935, §5045; RL 1945, §12645; RL 1955, §342-46; HRS §501-86; gen ch 1985; am L 2009, c 120, §7]
Case Notes
Cited: 35 H. 816, 821 (1941); 37 H. 270, 277 (1945).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-87 No adverse possession or prescription.

§501-87 No adverse possession or prescription.
No title, right, or interest in, to, or across registered land in derogation of that of the registered owner shall be acquired by prescription or adverse possession; provided that this section shall not prejudice any adverse claim, as against any person registered as first owner of land with a possessory title only, in respect of length of possession of any other person, who was in possession of the land at the time when the registration of the first owner took place.
Land registered pursuant to this chapter is not subject to surrender under section 264-1. [L 1903, c 56, §46; am L 1921, c 135, §1; RL 1925, §3236; RL 1935, §5046; RL 1945, §12646; am L 1949, c 64, §1; RL 1955, §342-47; HRS §501-87]
Case Notes
Considered in relation to unregistered sublease where sublessee in possession. 33 H. 343, 346 (1935).
Cited: 40 H. 730, 733 (1955); 73 H. 297, 832 P.2d 724 (1992).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-88 Certificate as evidence.

§501-88 Certificate as evidence.
The original certificate in the registration book, and any copy thereof duly certified under the signature of the registrar or assistant registrar, and the seal of the court, shall be received as evidence in all the courts of the State and shall be conclusive as to all matters contained therein, except as otherwise provided in this chapter. [L 1903, c 56, §47; RL 1925, §3237; RL 1935, §5047; RL 1945, §12647; RL 1955, §342-48; HRS §501-88; am L 1988, c 346, §6]
Case Notes
Issuance of new certificate to reflect acquisition by condemnation may be compelled. 31 H. 781 (1931), aff'd 61 F.2d 896 (1932).
Conclusive character of certificate considered. 35 H. 816, 822 (1941).
Certificate does not freeze seaward boundary, it being subject to erosion. 55 H. 176, 517 P.2d 57 (1973).
Matters contained in transfer certificate of title were not conclusive. 8 H. App. 273, 800 P.2d 618 (1990).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-89 Indexes, record books, etc.

§501-89 Indexes, record books, etc.
The registrar, under the direction of the court, shall make and keep indexes of all applications and of all decrees of registration, and shall also index and classify all papers and instruments filed in the registrar's office relating to applications and to registered titles. The registrar shall also, under the direction of the court, cause forms of indexes and registration and entry books to be prepared for the use of the assistant registrar in the bureau of conveyances.
The court shall prepare and adopt convenient forms of certificates of title, and shall also adopt general forms of memoranda to be used by the assistant registrar in registering the common forms of conveyance, and other instruments, to express briefly their effect. [L 1903, c 56, §49; RL 1925, §3238; RL 1935, §5048; RL 1945, §12648; RL 1955, §342-49; HRS §501-89; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-101 Voluntary dealing with registered lands.

§501-101 Voluntary dealing with registered lands.
An owner of registered land may convey, mortgage, lease, charge, or otherwise deal with the same as fully as if it had not been registered. The owner may use forms of deeds, mortgages, leases, or other voluntary instruments like those now in use and sufficient in law for the purpose intended. No deed, mortgage, or other voluntary instrument, except a will and a lease for a term not exceeding one year, purporting to convey or affect registered land, shall take effect as a conveyance or bind the land, but shall operate only as a contract between the parties, and as evidence of authority to the registrar or assistant registrar to make registration. The act of registration shall be the operative act to convey or affect the land, and in all cases under this chapter the registration shall be made in the office of the assistant registrar in the bureau of conveyances, during office hours prescribed in section 502-32. The rules of court may provide for forms of conveyances respecting registered land. [L 1903, c 56, §50; am L 1913, c 21, §1; RL 1925, §3239; RL 1935, §5049; RL 1945, §12649; RL 1955, §342-50; HRS §501-101; am L 1972, c 91, §1(t); am L 1974, c 13, §1; gen ch 1985]
Case Notes
Cited in holding that an agreement could operate as a contract between the parties and give rise to enforceable rights, although it could not affect the title situation because not noted on certificate. 324 F. Supp. 768 (1971).
Cited in holding that land was not subject to a trust in favor of a partnership when the trust was not noted on the certificate of title. 324 F. Supp. 768 (1971).
Bill of sale affecting registered land must be registered to take effect as a conveyance. 58 H. 580, 574 P.2d 524 (1978).
Unregistered instrument regarded only as a contract between the parties. 60 H. 40, 587 P.2d 294 (1978).
Where the date of registration of the assignment of assignor's interest in the land, pursuant to this section, acted as the time of conveyance and was nearly two years after the execution of the note and mortgage, and there was nothing in the record to indicate that title was not conveyed or that there was any legally relevant defect in the assignment, the note and mortgage were properly assigned by assignor to assignee. 117 H. 506 (App.), 184 P.3d 821 (2008).
See 33 H. 343 (1935); 39 H. 278 (1952); 44 H. 235, 246, 353 P.2d 1007 (1960); 50 H. 189, 436 P.2d 207 (1967).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-102 Filing liens, etc., notice.

§501-102 Filing liens, etc., notice.
(a) Every conveyance, lien, attachment, order, decree, instrument, or entry affecting registered land, which would under existing laws, if recorded, filed, or entered in the bureau of conveyances, affect the real estate to which it relates, shall, if registered, filed, or recorded, or entered in the office of the assistant registrar in the bureau of conveyances, be notice to all persons from the time of such registering, filing, recording, or entering and shall contain a reference to the number of the certificate of title and an indorsement of the current certificate of title, if applicable, of the land to be affected.
(b) This section shall not be construed to relate to state or federal tax liens or child support liens that are created pursuant to order or judgment filed through judicial or administrative proceeding in this State or in any other state, the recording of which shall be as provided by chapters 231, 505, and 576D, respectively, or to liens arising from money judgments, orders, or decrees recorded pursuant to section 636-3. The recordation of the child support order or judgment in the bureau of conveyances shall be deemed, at such time, for all purposes and without any further action, to place a lien on land registered in the land court under this chapter. [L 1903, c 56, §51; RL 1925, §3240; RL 1935, §5050; RL 1945, §12650; RL 1955, §342-51; HRS §501-102; am L 1973, c 128, §4; am L 1986, c 246, §4; am L 1989, c 20, §3; am L 1997, c 293, §21; am L 2000, c 178, §3; am L 2014, c 19, §3]
Rules of Court
Filing liens, see RLC rule 62.
Case Notes
Stipulated judgment and order not a final judgment as it did not dispose of all claims in lawsuit nor was certified as final; non-final damage determination thus not judgment lien upon real property under this section. 85 H. 398 (App.), 944 P.2d 1341 (1997).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-103 Conveyances of less than fee simple.

§501-103 Conveyances of less than fee simple.
No new certificate shall be entered or issued upon any transfer of registered land which does not divest the title in fee simple from the owner or one of the registered owners. Except as provided in sections 501-241 to 501-248, all interests in registered land less than an estate in fee simple shall contain a reference to the document number of the interest acquired and shall be registered by recording with the assistant registrar the instrument creating or transferring or claiming such interest, and by a brief memorandum thereof made by the assistant registrar upon the certificate of title, and signed by the assistant registrar. Except as provided in sections 501-241 to 501-248, the cancellation or extinguishment of such interests shall be recorded in the same manner. [L 1903, c 56, §52; RL 1925, §3241; RL 1935, §5051; RL 1945, §12651; RL 1955, §342-52; HRS §501-103; gen ch 1985; am L 1986, c 246, §5; am L 1988, c 346, §7; am L 1993, c 18, §2; am L 1998, c 219, §8]
Revision Note
"Sections 501-241 to 501-248" substituted for "chapter 501, part ".
Rules of Court
Certificates of title, see Rules of the Land Court, part II.
Case Notes
Cited: 35 H. 816, 823 (1941).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-104 Reference of doubtful questions.

§501-104 Reference of doubtful questions.
Where the assistant registrar is in doubt upon any question, or where any party in interest does not agree as to the proper memorandum to be made in pursuance of any deed, mortgage, or other voluntary instrument presented for registration, the question shall be referred to the court for decision, either on the certificate of the assistant registrar, stating the question upon which the assistant registrar is in doubt, or upon the suggestion in writing of any party in interest; and the court, after notice to all parties and a hearing, shall enter an order prescribing the form of memorandum to the assistant registrar, who shall make registration in accordance therewith. [L 1903, c 56, §53; RL 1925, §3242; RL 1935, §5052; RL 1945, §12652; RL 1955, §342-53; HRS §501-104; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-105 Grantee's address, etc., to be stated.

§501-105 Grantee's address, etc., to be stated.
(a) Every deed or other voluntary instrument presented for recording shall contain or have endorsed upon it the full name or names, if more than one, and the address of the grantee or other person acquiring or claiming an interest under the instrument and every document shall also contain or have endorsed upon it a statement that the grantee is married or unmarried, and if married, the statement shall give the name in full of the husband or wife. Whenever the grantee is a corporation or partnership, the document shall contain or have endorsed upon it the state where the entity is registered and the entity's address. All names and addresses shall also be entered on all certificates. Notices and processes issued in relation to registered land in pursuance of this chapter may be served upon any person in interest by mailing the same to the address so given, and shall be binding whether such person resides within or without the State.
(b) Any deed conveying one or more but not all lots or all interests in a lot appurtenant to apartments or units in a condominium project in a certificate shall contain full memoranda relating to easements, rights-of-way, and all other liens and encumbrances affecting the particular lot, lots, interest appurtenant to an apartment or unit, or interests appurtenant to apartments or units conveyed. If the deed affects all of the land or interests appurtenant to apartments or units in a certificate of title, encumbrances may be referred to by reference. [L 1903, c 56, §54; am L 1907, c 43, §4; RL 1925, §3243; RL 1935, §5053; RL 1945, §12653; RL 1955, §342-54; HRS §501-105; am L 1986, c 246, §6; am L 1989, c 51, §1; am L 1992, c 197, §3; am L 1995, c 22, §4; am L 2008, c 28, §29]
Revision Note
Pursuant to §23G-15:
(1) Subsection designations added; and
(2) "Indorsed" changed to "endorsed".
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-106 Entry of new certificate.

§501-106 Entry of new certificate.
(a) No new certificate of title shall be entered, and no memorandum shall be made upon any certificate of title by the registrar or assistant registrar, except:
(1) In pursuance of any deed or other voluntary instrument;
(2) Upon the recording of a certificate of merger that merges two or more condominium projects as provided by section 514B-46;
(3) Upon the recording of an amendment to a declaration of condominium property regime which alters the percentage interest of the respective apartment or unit owners in the common elements;
(4) In cases expressly provided for in this chapter; or
(5) Upon the order of the court, for cause shown.
(b) The new certificate or memorandum shall be binding upon the registered owner and upon all persons claiming under the registered owner, in favor of every purchaser for value and in good faith; provided that in all cases of registration procured by fraud the owner may pursue all the owner's remedies against the parties to the fraud, without prejudice however to the rights of any innocent holder for value of a certificate of title; and provided further that after the transcription of the decree of registration on the original application any subsequent registration under this chapter procured by the presentation of a forged deed or other instrument, shall be void. [L 1903, c 56, §55; RL 1925, §3244; RL 1935, §5054; RL 1945, §12654; RL 1955, §342-55; HRS §501-106; am L 1972, c 91, §1(u); gen ch 1985; am L 1988, c 346, §8; am L 1993, c 18, §3; am L 2004, c 164, §18; am L 2008, c 28, §12; am L 2017, c 181, §23]
Rules of Court
New certificate of title, see RLC rule 59.
Case Notes
Issuance of new certificate to reflect acquisition by condemnation may be compelled. 31 H. 781 (1931), aff'd 61 F.2d 896 (1932).
Cited: 79 H. 56 (App.), 897 P.2d 983 (1995).