reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-107 Entry record; duplicates and certified copies.

§501-107 Entry record; duplicates and certified copies.
(a) The assistant registrar shall keep a record in which shall be entered all deeds and other voluntary instruments, and all copies of writs or other process filed or recorded with the assistant registrar relating to registered land. The assistant registrar shall note in the record the date of reception of all instruments. The instruments shall be stamped with the date, hour, and minute of reception and shall be regarded as registered from the date and time so noted, and the memorandum of each instrument when made on the certificate of title to which it refers shall bear the same date.
(b) Every deed or other instrument, whether voluntary or involuntary, so filed or recorded with the registrar or assistant registrar shall be numbered and indexed, and endorsed with a reference to the proper certificate of title. All records relating to registered land in the office of the registrar or of the assistant registrar shall be open to the public in the same manner as probate records are open, subject to reasonable regulations as the registrar, under the direction of the court, may make.
Certified copies of all instruments filed or recorded and registered may also be obtained at any time on payment of the assistant registrar's fees.
(c) Within ten days after the end of each week, the assistant registrar shall deliver or forward by mail or electronic transmission, without charge, an image and index of all deeds and other voluntary instruments, writs, or other process that have been filed or recorded with the assistant registrar during each week relating to registered 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 of the real property by island. [L 1903, c 56, §56; RL 1925, §3245; RL 1935, §5055; RL 1945, §12655; am L 1955, c 89, §1; RL 1955, §342-56; HRS §501-107; gen ch 1985; am L 1986, c 246, §7; am L 1988, c 346, §26; am L 2009, c 197, §2]
Revision Note
Pursuant to §23G-15:
(1) Subsection designations added; and
(2) "Indorsed" changed to "endorsed".
Cross References
Copies of instruments, certificates, see §502-26.
Rules of Court
Entry book, see RLC rule 60.
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-109 Portion of registered fee.

§501-109 Portion of registered fee.
When a deed in fee is for part only of the land described in a certificate of title the assistant registrar shall also enter a new certificate to the grantor for the part of the land not included in the deed. In every case of transfer the new certificate or certificates shall include all the land described in the original certificate; provided that no new certificate to a grantee of a part only of the land shall be invalid by reason of the failure of the assistant registrar to enter a new certificate to the grantor for the remaining unconveyed portion. In case the land described in a certificate of title is divided into lots, designated by numbers or letters, with measurements of all the bounds, and a plan of the land has been filed with the registrar and verified pursuant to section 501-85; and a certified copy thereof is filed with the assistant registrar bearing the same number as is given to the application, and which plan is filed separately by such number, apart from the registration book containing the original certificate, but which certificate has indorsed thereon a reference to the filed plan, when the registered owner makes a deed or transfer in fee of one or more of such lots, the assistant registrar may, instead of canceling the certificate and entering a new certificate to the grantor for the part of the land not included in the deed of transfer, enter on the original certificate a memorandum of the deed of transfer, with a reference to the lot or lots thereby conveyed as designated on the plan, and a statement that the certificate is canceled as to the lot or lots. Every certificate with the memorandum is as effectual for the purpose of showing the grantor's title to the remainder of the land not conveyed as if the old certificate had been canceled and a new certificate of the land had been entered. This process may be repeated so long as there is convenient space upon the original certificate for making the memorandum of sale of lots. [L 1903, c 56, §58; am L 1913, c 20, §1; RL 1925, §3247; RL 1935, §5057; RL 1945, §12657; RL 1955, §342-58; HRS §501-109; am L 1988, c 346, §10]
Rules of Court
New certificate of title, see RLC rule 59(b).
Case Notes
Issuance of new certificate to reflect acquisition by condemnation. 31 H. 781 (1931), aff'd 61 F.2d 896 (1932).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-110 Statement of encumbrances.

§501-110 Statement of encumbrances.
If at the time of any transfer there appears upon the registration book encumbrances or claims adverse to the title of the registered owner, they shall be stated in the new certificate or certificates, except as far as they may be simultaneously released or discharged and except as provided in sections 501-241 to 501-248. [L 1903, c 56, §59; RL 1925, §3248; RL 1935, §5058; RL 1945, §12658; RL 1955, §342-59; HRS §501-110; am L 1998, c 219, §9]
Revision Note
"Sections 501-241 to 501-248" substituted for "chapter 501, part ".
Case Notes
Cited: 35 H. 816, 822 (1941).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-116 Mortgage registration necessary.

Cross References
Registered land, see §506-6.
Special mortgage recording fee, see §431P-16.
§501-116 Mortgage registration necessary.
The owner of any interest in registered land may mortgage the interest by executing a mortgage thereof. Such a mortgage may be assigned, extended, discharged, released in whole or in part, or otherwise dealt with by the mortgagee by any form of instrument sufficient in law for the purpose. Except as provided in part II, the mortgage, and all instruments assigning, extending, discharging, and otherwise dealing with the mortgage, shall be registered and shall take effect upon the title of the mortgaged property only from the time of registration. [L 1903, c 56, §60; RL 1925, §3249; RL 1935, §5059; RL 1945, §12659; RL 1955, §342-60; am L 1963, c 83, §9; am L 1966, c 18, §8; HRS §501-116; am L 1970, c 15, §1; am L 2009, c 120, §9]
Case Notes
Validity of mortgage, jurisdiction of land court to determine upon petition to cancel memorandum of the mortgage under §501-196. 32 H. 680 (1933).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-117 Procedure.

§501-117 Procedure.
Registration of a mortgage shall be made in the manner following: the mortgage shall be presented to the assistant registrar who shall enter upon the original certificate of title a memorandum of the purport of the mortgage, the time of filing or recording, the document number of the mortgage, and shall sign the memorandum. The assistant registrar shall also note upon the mortgage the time of filing or recording, and a reference to the volume and page of the registration book where it is registered. [L 1903, c 56, §61; RL 1925, §3250; RL 1935, §5060; RL 1945, §12660; am L 1951, c 142, §1; RL 1955, §342-61; HRS §501-117; gen ch 1985; am L 1986, c 246, §9; am L 1988, c 346, §11]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-121 Leases; registration required.

§501-121 Leases; registration required.
Leases of registered land for a term of one year or more shall be registered. [L 1903, c 56, §64; RL 1925, §3253; RL 1935, §5063; RL 1945, §12663; am L 1951, c 142, §4; RL 1955, §342-63; HRS §501-121]
Cross References
Land subject to mortgage or lease, see §501-29.
Case Notes
Purchaser of lease noted on certificate of title holds free of unregistered sublease. 33 H. 343 (1935).
Cited: 60 H. 40, 587 P.2d 294 (1978).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-131 Transfer in trust; procedure.

§501-131 Transfer in trust; procedure.
Whenever a deed or other instrument is filed or recorded for the purpose of transferring registered land in trust, or upon any equitable condition or limitation expressed therein, or for the purpose of creating or declaring a trust or other equitable interest in land without transfer, the particulars of the trust, condition, limitation, or other equitable interest shall not be entered on the certificate; but a memorandum thereon shall be entered by the words "in trust", or "upon condition", or other apt words, and by a reference by number to the instrument authorizing or creating the same. The assistant registrar shall note upon the original instrument creating or declaring the trust or other equitable interest a reference by number of the certificate of title to which it relates. If the instrument creating or declaring a trust or other equitable interest is already recorded in the bureau of conveyances or admitted to probate, or any order of a federal court creating or declaring a trust in real property has been made, a certified copy may be filed or recorded by the assistant registrar and registered. [L 1903, c 56, §65; RL 1925, §3254; RL 1935, §5064; RL 1945, §12664; RL 1955, §342-64; HRS §501-131; am L 1986, c 246, §11; am L 1988, c 346, §13]
Rules of Court
Transfer in trust, see RLC rule 61.
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-132 Powers to be noted on certificate; construction for court.

§501-132 Powers to be noted on certificate; construction for court.
If the instrument creating or declaring a trust or other equitable interest contains an express power to sell, mortgage, or deal with the land in any manner, the power shall be stated in the certificate of title by the words "with power to sell" or "with power to mortgage", and by apt words of description in case of other powers.
No instrument transferring, mortgaging, or in any way dealing with registered land held in trust shall be registered, unless the power thereto enabling is expressly conferred in the instrument of trust, or unless the judgment of a court of competent jurisdiction has construed the instrument in favor of the power, in which case a certified copy of the judgment may be filed or recorded with the assistant registrar who shall make registration in accordance therewith. [L 1903, c 56, §66; RL 1925, §3255; RL 1935, §5065; RL 1945, §12665; RL 1955, §342-65; HRS §501-132; am L 1972, c 91, §1(w); gen ch 1985; am L 1986, c 246, §12]
Rules of Court
Transfer in trust, see RLC rule 61.
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-133 New trustee.

§501-133 New trustee.
When a new trustee of registered land is appointed either by any court or otherwise, a new certificate may be entered upon presentation to the assistant registrar of a certified copy of the order or deed of appointment. [L 1903, c 56, §67; RL 1925, §3256; RL 1935, §5066; RL 1945, §12666; RL 1955, §342-66; HRS §501-133; am L 1972, c 91, §1(x); gen ch 1985; am L 1986, c 246, §13; am L 1988, c 346, §14]
Rules of Court
New certificate of title, see RLC rule 59(f).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-134 Trusts, implied or constructive.

§501-134 Trusts, implied or constructive.
Whoever claims an interest in registered land by reason of any implied or constructive trust shall file or record for registration a statement thereof with the assistant registrar. The statement shall contain a description of the land, and a reference to the number of the certificate of title and the volume and page of the registration book where it is entered. The claim shall not affect the title of a purchaser for value and in good faith before its registration. [L 1903, c 56, §68; RL 1925, §3257; RL 1935, §5067; RL 1945, §12667; RL 1955, §342-67; HRS §501-134; am L 1986, c 246, §14]
Law Journals and Reviews
Constructive Trust: An Equitable Doctrine for Protecting and Establishing Legal Interests in Real Property. II HBJ, no. 13, at 121 (1998).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-135 Application by trustee.

§501-135 Application by trustee.
Any trustee may file an application for registration of any land held in trust by the trustee, unless expressly prohibited by the instrument creating the trust. [L 1903, c 56, §69; RL 1925, §3258; RL 1935, §5068; RL 1945, §12668; RL 1955, §342-68; HRS §501-135; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-136 Attachment and other liens; filing or recording of.

§501-136 Attachment and other liens; filing or recording of.
In every case where a writing of any description or a copy of any writ is required by law to be filed or recorded in the bureau of conveyances in order to create or preserve any lien, right, or attachment upon unregistered land, such writing or copy, when intended to affect registered land shall be filed or recorded and registered with the assistant registrar of the land court. In addition to any particulars required in such papers for recording with records of deeds, it shall also contain a reference to the number of the certificate of title of the land to be affected and also, if the attachment, right, or lien is not claimed on all the land in any certificate of title, a description sufficiently accurate for identification of the land intended to be affected. This section and section 501-138 do not apply to liens for internal revenue taxes payable to the United States or to liens for state taxes payable to the state department of taxation. [L 1903, c 56, §71; RL 1925, §3260; RL 1935, §5069; RL 1945, §12669; am L 1949, c 237, §1; RL 1955, §342-69; HRS §501-136; am L 1973, c 128, §5; am L 1986, c 246, §15; am L 1989, c 20, §4]
Rules of Court
Filing liens, see RLC rule 62.
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-138 Discharge or modification of liens to be recorded.

§501-138 Discharge or modification of liens to be recorded.
Attachments on mesne process and liens of every description upon registered land shall be continued, reduced, discharged, and dissolved by any method sufficient in law to continue, reduce, discharge, or dissolve like liens on unregistered land. All certificates or other instruments which are permitted or required by law to be recorded in the bureau of conveyances to give effect to the continuance, reduction, discharge, or dissolution of attachments or other liens upon unregistered lands, or to give notice of such continuance, reduction, discharge, or dissolution, shall in the case of like liens upon registered land be filed and registered with the assistant registrar. [L 1903, c 56, §73; RL 1925, §3262; RL 1935, §5071; RL 1945, §12671; RL 1955, §342-71; HRS §501-138]
Rules of Court
Discharge or modification of liens, see RLC rule 63.
Case Notes
Removing of encumbrance. 32 H. 680 (1933).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-139 Assistant registrar as official recorder.

§501-139 Assistant registrar as official recorder.
All the provisions of law relating to attachments of real estate and leasehold estates on mesne process apply to registered land, except that the duties required to be performed by the registrar of conveyances shall be performed as the assistant registrar, who shall register the facts required to be recorded, and for that purpose shall keep books similar to those required to be kept for attachments as the registrar of conveyances, if any, and the fees for registering attachments shall be the same as are provided for recording. [L 1903, c 56, §74; RL 1925, §3263; RL 1935, §5072; RL 1945, §12672; RL 1955, §342-72; HRS §501-139; am L 2006, c 38, §14]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-140 Indorsement of and notices to plaintiff's attorney.

§501-140 Indorsement of and notices to plaintiff's attorney.
The name and address of the plaintiff's attorney shall in all cases be indorsed upon the writ, where an attachment is made. The attorney is deemed to be the attorney of the plaintiff until written notice that the attorney has ceased to be such is filed for registration by the plaintiff. [L 1903, c 56, §75; RL 1925, §3264; RL 1935, §5073; RL 1945, §12673; RL 1955, §342-73; HRS §501-140; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-141 Court orders to be recorded.

§501-141 Court orders to be recorded.
Whenever an attachment on mesne process is continued, reduced, dissolved, or otherwise affected by an order, decision, or judgment of the court in which the action or proceeding in which the attachment was made is pending, or by any order of a court of bankruptcy, a certificate of the entry of the order, decision, or judgment from the clerk or registrar and under the seal of the court, shall be entitled to be registered on presentation to the assistant registrar. A like certificate of the allowance by the court of an amendment which a subsequent attaching creditor or purchaser contends had the effect of dissolving an attachment, may be registered as an amendment allowed, but shall not be conclusive of dissolution, unless the court in which the action is pending adjudicates that the amendment dissolves the attachment, in which case a certificate of the order, as soon as it becomes absolute, shall be registered as a dissolution of the attachment. [L 1903, c 56, §76; RL 1925, §3265; RL 1935, §5074; RL 1945, §12674; RL 1955, §342-74; HRS §501-141; am L 1972, c 91, §1(y)]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-142 Mechanic's lien.

§501-142 Mechanic's lien.
When a mechanic's lien or lien for labor and materials is claimed upon registered and unregistered land, and the notice required by law is filed in the circuit court where the land is situated, an attested copy of the order directing the lien to attach which contains or has indorsed upon it a reference to the certificate of title of the land affected shall be filed or recorded with the assistant registrar and registered. [L 1903, c 56, §77; RL 1925, §3266; RL 1935, §5075; RL 1945, §12675; RL 1955, §342-75; HRS §501-142; am L 1986, c 246, §16]
Rules of Court
Mechanic's lien, see RLC rule 62(b).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-143 Enforcement of lien.

§501-143 Enforcement of lien.
A lien of any description upon registered land shall be enforced in the same manner as like liens upon unregistered land. Whenever registered land is set off or sold on execution; or taken or sold for taxes or for any assessment; or sold to enforce a lien for labor or materials, or the lien of a mortgagee or cotenant arising from a payment of taxes, or for an assessment, or for any costs and charges incident to any liens, any execution, or copy of the execution, any officer's return, or any deed, demand, certificate, or affidavit or other instrument made in the course of proceedings to enforce the liens and required by law to be recorded in the bureau of conveyances in the case of unregistered land, shall be filed or recorded and registered with the assistant registrar and a memorandum made upon the proper certificate of title in each case as an adverse claim or encumbrance. [L 1903, c 56, §78; RL 1925, §3267; RL 1935, §5076; RL 1945, §12676; RL 1955, §342-76; HRS §501-143; am L 1986, c 246, §17]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-144 New certificate after enforcement of lien; tax sale.

§501-144 New certificate after enforcement of lien; tax sale.
After registered land has been sold on any execution, or taken or sold for the enforcement of any lien of any description, the person claiming under an execution or under any deed or other instrument made in the course of proceedings to levy the execution or enforce any lien, may petition the court for the entry of a new certificate to the person, and the application may be granted. Every new certificate entered under this section shall contain a memorandum of the nature of the proceeding on which it is based and, where a new certificate is entered in pursuance of any tax title, the certificate shall contain a memorandum that it is subject to the rights of redemption reserved by law, if any. At any time prior to the entry of a new certificate the registered owner may pursue all the registered owner's remedies to impeach or annul proceedings under executions or to enforce liens of any description. [L 1903, c 56, §79; RL 1925, §3268; RL 1935, §5077; RL 1945, §12677; RL 1955, §342-77; HRS §501-144; am L 1972, c 91, §1(z); gen ch 1985]
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).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-152 Certificate of judgment for defendant.

§501-152 Certificate of judgment for defendant.
At any time after final judgment in favor of the defendant, or other disposition of any case in which a memorandum has been registered as provided in section 501-151, a certificate of the clerk stating the manner of the disposal thereof shall be entitled to registration. [L 1903, c 56, §81; RL 1925, §3270; RL 1935, §5079; RL 1945, §12679; RL 1955, §342-79; HRS §501-152; am L 1972, c 91, §1(bb)]
Case Notes
Pursuant to this section, §501-151, and TSA International, the circuit court has jurisdiction to expunge a lis pendens originally recorded in the land court and thus did not err when it asserted jurisdiction over the case. 101 H. 81, 63 P.3d 389 (2003).
The circuit court properly granted defendant's motion to expunge the lis pendens where plaintiff's application for lis pendens did not seek to obtain title to or possession of the real property at issue, and thus was not valid. 101 H. 81, 63 P.3d 389 (2003).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-153 Certificate of judgment for plaintiff.

§501-153 Certificate of judgment for plaintiff.
Whenever in any action affecting registered land, judgment is entered for the plaintiff, except in actions relating to terms of less than one year, the judgment is entitled to registration on presentation of a certificate of the entry thereof from the clerk of the court where the action is pending, to the assistant registrar, who shall enter a memorandum upon the certificate of title of the land to which the judgment relates. If the judgment does not apply to all the land described in the certificate of title the certificate of the clerk and the memorandum entered by the assistant registrar shall contain a description of the land affected by the judgment. [L 1903, c 56, §82; RL 1925, §3271; RL 1935, §5080; RL 1945, §12680; RL 1955, §342-80; HRS §501-153; am L 1972, c 91, §1(cc)]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-154 Writ of possession, service, time limit for registration.

§501-154 Writ of possession, service, time limit for registration.
When in any action in the nature of an action of ejectment an execution or writ of possession has been issued and served by the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11, the sheriff, deputy sheriff, police officer, or independent civil process server shall cause a copy of the writ, with a return of the doings of the sheriff, deputy sheriff, police officer, or independent civil process server thereon, to be filed and registered within three months after the service and before the return of the writ into the clerk's office. The plaintiff, in case the judgment was that the plaintiff was entitled to an estate in fee simple in the demanded premises, or in any part thereof, and for which execution or writ of possession issued, is thereupon entitled to the entry of a new certificate of title. [L 1903, c 56, §83; RL 1925, §3272; RL 1935, §5081; RL 1945, §12681; RL 1955, §342-81; HRS §501-154; am L 1972, c 91, §1(dd); gen ch 1985; am L 2013, c 116, § §2, 25(1); am L 2015, c 101, §4; am L 2021, c 41, §2; am L 2022, c 278, §17]
Note
The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.
Case Notes
Ejectment as remedy for removal of unregistered sewer line. 35 H. 225, 230 (1939); 50 H. 189, 436 P.2d 207 (1967).
Necessity of describing the area unlawfully occupied, see 35 H. 225, 228 (1939).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-155 Judgment directing conveyance.

§501-155 Judgment directing conveyance.
Any judgment of a court of competent jurisdiction, whether a federal court or a court of the State of Hawaii, affecting title or rights in registered land, may be recorded, whether the claim adjudicated was legal or equitable in nature. Every instrument necessary to give effect to the judgment and directed by the court to be executed, whether executed by a party or by some other person appointed by the court, shall be recorded and shall have full force and effect to bind the land to be affected thereby. A judgment entered in lieu of directing a conveyance, and having the effect of a conveyance, shall be recorded with like force and effect. [L 1903, c 56, §85; RL 1925, §3274; RL 1935, §5082; RL 1945, §12682; RL 1955, §342-82; HRS §501-155; am L 1972, c 91, §1(ee); gen ch 1985; am L 1988, c 346, §16; am L 1993, c 18, §5]
Rules of Court
As to giving effect to judgment, see HRCP rule 70.
Case Notes
Referred to: 44 H. 235, 246, 353 P.2d 1007 (1960).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-156 Partition.

§501-156 Partition.
In an action for partition of registered land, after the entry of the final judgment of partition and the acceptance of the report of the commissioners, if any, a copy of the judgment and of the return of the commissioners, certified by the clerk or registrar, as the case may be, shall be filed or recorded and registered. Thereupon, in case the land is set off to the owners in severalty, any owner is entitled to have a certificate entered of the share set off to the owner in severalty. In case the land is ordered by the court to be sold, the purchaser or the purchaser's assigns are entitled to have a certificate of title entered on presenting the deed of the commissioners for registration; provided that any new certificate entered in pursuance of partition proceedings, whether by way of set off or of sale, shall contain a reference to the final judgment of partition, and shall be conclusive as to the title to the same extent and against the same persons as the judgment is made conclusive by the statutes applicable thereto. Any person holding such certificate of title or a transfer thereof may petition the court at any time to cancel the memorandum relating to the judgment and the court, after notice and hearing, may grant the application. The certificate thereafter is conclusive in the same manner and to the same extent as other certificates of title. [L 1903, c 56, §86; RL 1925, §3275; RL 1935, §5083; RL 1945, §12683; RL 1955, §342-83; HRS §501-156; am L 1972, c 91, §1(ff); gen ch 1985; am L 1986, c 246, §19; am L 1988, c 346, §17]
Rules of Court
New certificate of title, see RLC rule 59(p).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-157 Reregistration of mortgage or lease after partition.

§501-157 Reregistration of mortgage or lease after partition.
When a certified copy of a judgment for partition and of the return of the commissioners, if any, is presented for registration, if a mortgage or lease affecting a specific portion or an undivided share of the premises has previously been registered, the tenant claiming under the mortgagor or lessor shall cause the mortgage or lease to be again presented for registration. The assistant registrar shall indorse on each a memorandum of the partition, with a description of the land set off in severalty on which the mortgage or lease remains in force. [L 1903, c 56, §87; RL 1925, §3276; RL 1935, §5084; RL 1945, §12684; am L 1951, c 142, §5; RL 1955, §342-84; HRS §501-157; am L 1972, c 91, §1(gg)]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-158 Notice of bankruptcy proceedings.

§501-158 Notice of bankruptcy proceedings.
Whenever a petition in bankruptcy which contains or has indorsed upon it a reference to the number of the certificate of title of the land affected is filed or recorded within the State by or against the owner of registered land, the assistant registrar of the land court shall note the fact by the entry of an appropriate memorandum on the owner's certificate in the registration book. Thereafter, except where the owner's interest in the land cannot be affected by the bankruptcy proceedings, no conveyance by the owner respecting the registered land shall be accepted for registration unless the conveyance recites that it is made subject to the rights of the trustee in bankruptcy. A trustee in bankruptcy is entitled to the entry of a new certificate for the registered land upon presenting and filing or recording a certified copy of either the petition in bankruptcy (the schedules may be omitted), or the decree of adjudication of bankruptcy, or the order approving the trustee's bond; provided that the instrument contains or has indorsed upon it a reference to the number of the certificate of title of the land affected. The new certificate shall state that it is entered to the trustee in bankruptcy. [L 1903, c 56, §88; RL 1925, §3277; RL 1935, §5085; RL 1945, §12685; am L 1949, c 313, §1; RL 1955, §342-85; HRS §501-158; gen ch 1985; am L 1986, c 246, §20; am L 1988, c 346, §18]
Rules of Court
Filing notice, see RLC rule 62(c).
New certificate of title, see RLC rule 59(h).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-159 Decree of discharge.

§501-159 Decree of discharge.
Whenever proceedings in bankruptcy against a registered owner of which notice has been registered, are vacated, or when the court of bankruptcy orders a reconveyance of land to a bankrupt debtor, a certified copy of the order or decree may be filed or recorded and registered. If a new certificate has been entered to the trustee in bankruptcy, as registered owner, the debtor is entitled to the entry of a new certificate. [L 1903, c 56, §89; RL 1925, §3278; RL 1935, §5086; RL 1945, §12686; RL 1955, §342-86; HRS §501-159; am L 1972, c 91, §1(hh); gen ch 1985; am L 1986, c 246, §21; am L 1988, c 346, §19]
Rules of Court
New certificate of title, see RLC rule 59(n).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-166 Eminent domain; recording procedure.

§501-166 Eminent domain; recording procedure.
Whenever any land of a registered owner, or any right or interest therein, is taken by eminent domain, the State or body politic or corporate or other authority exercising the right shall file for registration with the assistant registrar a description of the registered land so taken, giving the name of each owner thereof, referring by number and place of registration in the registration book to each certificate of title, and stating what estate or interest in the land is taken, and for what purpose. A memorandum of the right or interest taken shall be made on each certificate of title by the assistant registrar, and where the fee simple is taken a new certificate shall be entered to the owner for the land remaining to the owner after the taking. In any case where the owner has a lien upon the land taken for the owner's damages, it shall be so stated in the memorandum of registration. All fees on account of any memorandum of registration or entry of new certificates shall be paid by the State or body politic or corporate or other authority taking the land. [L 1903, c 56, §90; RL 1925, §3279; RL 1935, §5087; RL 1945, §12687; RL 1955, §342-87; HRS §501-166; gen ch 1985]
Rules of Court
New certificate of title, see RLC rule 59(l).
Case Notes
Cited re state supreme court's relocation of seaward boundary of land. 402 F. Supp. 95 (1975).
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 › 501-167 New certificate upon reverter of land.

§501-167 New certificate upon reverter of land.
When for any reason, by operation of law, land which was taken for a public use reverts to the owner from whom it was taken or to the owner's heirs or assigns, the court, upon the petition of the person entitled to the benefit of reversion, after notice and hearing, may order the entry of a new certificate of title to the person. [L 1903, c 56, §91; RL 1925, §3280; RL 1935, §5088; RL 1945, §12688; RL 1955, §342-88; HRS §501-167; gen ch 1985]
Rules of Court
New certificate of title, see RLC rule 59(m).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-172 License to sell or mortgage, not affected.

§501-172 License to sell or mortgage, not affected.
Nothing in this chapter shall in any way affect or impair the jurisdiction of a circuit court to license a guardian to sell, mortgage, or convey registered land for any purpose for which a license may be granted in the case of unregistered land. The purchaser or mortgagee taking a deed executed in pursuance of a license is entitled to a new certificate of title, or memorandum of registration, on presenting the purchaser's or mortgagee's deed to the assistant registrar. [L 1903, c 56, §93; RL 1925, §3282; RL 1935, §5090; RL 1945, §12690; RL 1955, §342-90; HRS §501-172; am L 1972, c 91, §1(jj); am L 1976, c 200, pt of §1; am L 1977, c 144, §57; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-173 Purchaser acquiring title through personal representative may have the same registered.

§501-173 Purchaser acquiring title through personal representative may have the same registered.
If any personal representative is authorized by the terms of any will to grant, bargain, sell, convey, mortgage, or otherwise deal with registered land, the personal representative may do so in the same manner as if the land were registered in the representative's name as personal representative. Before any instrument executed by the personal representative, pursuant to such authority, is filed or recorded with the assistant registrar of the land court, there shall be first filed or recorded with the assistant registrar a certified copy of the letters appointing the personal representative showing the powers of the personal representative, or a certified copy of an order granting the petition for authority, or a certified copy of an acknowledgment of authority, and either a certified copy of the order of the circuit court confirming the sale of the affected land or a certified copy of an affidavit filed in the circuit court of the personal representative made at the time of the deed, mortgage, lease, or other conveyance, attesting that the decedent's will does not require confirmation of the transaction and that no devisee or heir has demanded the confirmation. Any person who acquired title or any interest in registered land through or by virtue of the execution of the power vested in the personal representative may have the title or interest registered. [L 1921, c 214, §2; RL 1925, §3283; RL 1935, §5091; am L 1939, c 108, §2; RL 1945, §12691; am L 1955, c 134, §1; RL 1955, §342-91; HRS §501-173; am L 1972, c 91, §1(kk); am L 1976, c 200, pt of §1; am L 1977, c 144, §58; gen ch 1985; am L 1986, c 246, §23; am L 2000, c 178, §6; am L 2001, c 23, §3]
Rules of Court
Personal representative's deed, see RLC rule 59(k).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-174 Power of attorney; registration necessary.

§501-174 Power of attorney; registration necessary.
Any person may by attorney procure land to be registered and convey or otherwise deal with registered land, but the letters of attorney shall be acknowledged and filed or recorded with the assistant registrar and registered. Any instrument revoking such letters shall be acknowledged and registered in like manner. [L 1903, c 56, §104; RL 1925, §3294; RL 1935, §5092; RL 1945, §12692; RL 1955, §342-92; HRS §501-174; am L 1986, c 246, §24]
Rules of Court
Power of attorney, see RLC rule 64.
Case Notes
Referred to: 50 H. 189, 436 P.2d 207 (1967).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-186 Registration of adverse claims; notice; hearing; costs.

§501-186 Registration of adverse claims; notice; hearing; costs.
Whoever claims any right or interest in registered land adverse to the registered owner arising subsequent to the date of original registration may, if no other provision is made in this chapter for registering the same, make a statement in writing setting forth fully the alleged right or interest, and how or under whom acquired, and a reference to the volume and page of the certificate of title of the registered owner, and a description of the land in which the right or interest is claimed. The statements shall be signed and sworn to, and shall state the adverse claimant's residence, and designate a place at which all notices may be served upon the adverse claimant. This statement is entitled to registration as an adverse claim, and the court, upon the petition of any party in interest, may require an approved bond to be filed for the payment of double costs if so taxed, and shall grant a speedy hearing upon the question of the validity of the adverse claim, and shall enter such decree thereon as justice and equity may require. If the claim is adjudged to be invalid or the bond is not filed, the registration shall be canceled. If in any case the court, after notice and hearing, finds that the claim thus registered was frivolous or vexatious, it may tax the adverse claimant double costs. [L 1903, c 56, §106; RL 1925, §3296; RL 1935, §5094; RL 1945, §12694; RL 1955, §342-94; HRS §501-186; am L 2006, c 38, §15]
Cross References
Vexatious litigants, see chapter 634J.
Case Notes
Federal court, based on the language of §501-1, was without jurisdiction to rule on defendant's motion to expunge as it related to plaintiffs' notice of adverse claim. 529 F. Supp. 2d 1206 (2007).
Referred to: 44 H. 235, 246, 353 P.2d 1007 (1960).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-201 Service of notice after registration; how made; effect.

§501-201 Service of notice after registration; how made; effect.
All notices required by or given in pursuance of this chapter by the registrar or any assistant registrar after original registration, shall be sent by mail to the person to be notified at the person's residence and post office address as stated in the certificate of title or in any registered instrument under which the person claims an interest.
All notices and citations directed by special order of the court under this chapter, after original registration, may be served in the manner above stated, and the certificate of the registrar or assistant registrar shall be conclusive proof of service. The court may in any case order different or further service by publication or otherwise. [L 1903, c 56, §109; RL 1925, §3299; RL 1935, §5097; RL 1945, §12697; RL 1955, §342-97; HRS §501-201; gen ch 1985]
Case Notes
Right to notice of application for subdivision order, raised but not decided. 37 H. 260 (1945).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-211 Fees required for protection against loss or damage.

§501-211 Fees required for protection against loss or damage.
There shall be paid to the registrar upon the original registration of land under this chapter, under absolute or qualified ownership, one-tenth of one per cent of the assessed value of the land and improvements on the basis of the last assessment for taxation.
Where the land sought to be registered was not separately assessed at the time of the last assessment for taxation, the value of the same shall be as found by the court as of July 1 preceding the date on which the application was filed. The court may appoint one or more appraisers at such rates of pay as it deems just, the cost to be taxed against the applicant.
All moneys received by the registrar under this section shall be paid to the director of finance as a realization to the general fund. [L 1903, c 56, §94; am L 1913, c 21, §2; RL 1925, §3284; am L 1927, c 258, §10; am L 1932 2d, c 33, §1; am L 1933, c 25, §1; RL 1935, §5098; RL 1945, §12698; am L 1945, c 255, §2; RL 1955, §342-98; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §501-211; am L 1972, c 91, §1(11)]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-212 Actions for compensation for fraud, mistake, etc.

§501-212 Actions for compensation for fraud, mistake, etc.
Any person who, without negligence on the person's part, sustains loss or damage, or is deprived of land or of any estate or interest therein, after the original registration of land under this chapter, by the registration of any other person as owner of such land, or of any estate or interest therein, through fraud, or in consequence of any error, omission, mistake, or misdescription in any certificate of title or in any entry of memorandum in the registration book, may prosecute a contract claim in the circuit court for the recovery of compensation for such loss or damage or for such land or estate, or interest therein; provided that when the person deprived of land or of any estate, or interest therein, in the manner above stated, has a remedy for the recovery of the land or of the estate, or interest therein, the person shall exhaust this remedy before resorting to the contract claim herein provided. Nothing in this chapter shall be construed to deprive the plaintiff of any tort claim which the plaintiff may have against any person for loss or damage, or deprivation of land, or of any estate or interest therein. If the plaintiff elects to pursue the plaintiff's tort claim and also the plaintiff's contract claim under this chapter, the contract claim shall be continued to await the result of the tort claim or shall be deemed alternative thereto. [L 1903, c 56, §96; RL 1925, §3286; am L 1932 2d, c 33, §2; RL 1935, §5099; RL 1945, §12699; RL 1955, §342-99; HRS §501-212; am L 1972, c 91, §1(mm); gen ch 1985]
Case Notes
Relocation of seaward boundary of land. 402 F. Supp. 95 (1975).
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).
Although plaintiffs-mortgagors sought a putative class action for wrongful foreclosure of mortgages against defendant-mortgagee and claimed that under this section, plaintiffs-mortgagors could not be deprived of a tort claim, plaintiffs-mortgagors failed to file their claims prior to the land court's entry of new transfers of certificate of title, as required under section 501-118. 342 F. Supp. 3d 1029 (2018).
Cited: 50 H. 201, note 6, 436 P.2d 752 (1968).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-213 Action, parties defendant.

§501-213 Action, parties defendant.
If any contract claim is prosecuted to recover for loss or damage, or for deprivation of land, or of any estate or interest therein, arising wholly through fraud, negligence, omission, mistake, or misfeasance of the registrar, assistant registrar, or of any of the examiners of title, in the performance of executive or ministerial duties, or of any of the assistants or clerks, in the performance of their respective duties, then the action shall be brought against the state director of finance, as sole defendant. If any action is brought to recover for loss or damage, or deprivation of land, or of any estate or interest therein, arising wholly through any fraud, negligence, omission, mistake, or misfeasance of some person other than the officers and assistants above named, or arising jointly through the fraud, negligence, omission, mistake, or misfeasance of such other person and any such officers and assistants, then the action shall be brought against both the director and such other person as joint defendants. [L 1903, c 56, §97; RL 1925, §3287; RL 1935, §5100; RL 1945, §12700; RL 1955, §342-100; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §501-213; am L 1972, c 91, §1(nn)]
Cross References
Suits against the State, see chapter 661.
Rules of Court
Parties, see Hawaii Rules of Civil Procedure, part IV.
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-214 Judgments, how satisfied.

§501-214 Judgments, how satisfied.
When there are defendants other than the director of finance, and where judgment is entered for the plaintiff against the director and against some or all of the other defendants, execution shall issue against the other defendants and be levied upon them. If the execution is returned unsatisfied in whole or in part, and the officer returning the same certifies that the amount due cannot be collected from the lands or goods of the other defendants, the circuit court rendering the judgment shall direct the clerk to certify to the governor the amount due on the execution, and the governor shall draw the governor's warrant therefor upon the director, and the director shall pay the amount out of the general fund, without any further act making an appropriation therefor.
When in the action judgment for any reason cannot be entered against all or any of the other defendants, it may be entered against the director alone, or against the director and such of the other defendants as are found to be liable, and against whom judgment can lawfully be entered. Whenever judgment is entered against the director alone, whether in a case where the director is sole defendant or joint defendant with others, the circuit court before which the action is tried shall cause the clerk to transmit to the governor a certificate of the entry of judgment and of the amount due, and the director shall pay the same upon the warrant of the governor, as above provided. [L 1903, c 56, §98; RL 1925, §3288; am L 1932 2d, c 33, §3; RL 1935, §5101; RL 1945, §12701; RL 1955, §342-101; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §501-214; am L 1972, c 91, §1(oo); gen ch 1985]
Case Notes
Cited: 42 H. 661, 664 (1958), modifying 41 H. 490 (1956), app. dism'd 267 F.2d 449 (1959).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-215 Subrogation in favor of State.

§501-215 Subrogation in favor of State.
In every case where payment has been made by the director of finance under warrant from the governor, the State shall be subrogated to all rights of the plaintiff against any other parties or securities, and the director shall enforce the same in behalf of the State. Any sums so recovered by the director shall be paid into the treasury of the State to the account of the general fund. [L 1903, c 56, §100; RL 1925, §3290; am L 1932 2d, c 33, §4; RL 1935, §5102; RL 1945, §12702; RL 1955, §342-102; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §501-215]