Chapter 501
Land Court Registration
DIVISION 3. PROPERTY; FAMILY
TITLE 28. PROPERTY
Chapter
501 Land Court Registration
502 Bureau of Conveyances; Recording
502C Family Child Care Homes
503 Commissioners of DeedsRepealed
503B Time Share Commissioners of Deeds
504 Federal Judgment Registration
505 Uniform Federal Tax Lien Registration Act (Modified)
506 Mortgages of Real Property or Fixtures
507 Liens
507D Nonconsensual Common Law Liens and Frivolous Financing
Statements
508 Uniform Vendor and Purchaser Risk Act
508C Uniform Environmental Covenants Act
508D Mandatory Seller Disclosures in Real Estate Transactions
509 Conveyances to Two or More
510 Community Property
511 War Emergency Agency–Repealed
512 Release of Powers
513 Property Rights–Labor Organizations
514 Horizontal Property Regimes–Repealed
514A Condominium Property Regimes
514B Condominiums
514C Lease to Fee Conversions for Condominiums and Cooperative
Housing Corporations
514E Time Sharing Plans
515 Discrimination in Real Property Transactions
516 Residential Leaseholds
516D Residential Leasehold Condominiums and Cooperatives
517 Disposition of Trust Real Property
517D Uniform Management of Institutional Funds Act–Repealed
517E Uniform Prudent Management of Institutional Funds Act
518 Covenants in Leases
519 Real Property Leases
520 Landowners’ Liability
520A Landowner’s Liability for Access to Control Invasive
Species
521 Residential Landlord-Tenant Code
522 Uniform Disclaimer of Property Interests Act–Repealed
523 Revised Uniform Disposition of Unclaimed Property
Act–Repealed
523A Unclaimed Property
524 Facilities for Elders
525 Uniform Statutory Rule Against Perpetuities
526 Uniform Disclaimer of Property Interests Act
527 Uniform Real Property Transfer on Death Act
CHAPTER 501
LAND COURT REGISTRATION
Part I. General Provisions
Section
Land Court; Personnel
501-1 Court; jurisdiction; proceedings; location; rules,
practice, etc.
501-2 Judges; assignment of cases
501-3 Sessions
501-4 Process
501-5 Repealed
501-6 Registrar and assistants; appointment, tenure,
powers, and duties
501-7 Registrar; powers, duties
501-8 Registrar may act in any circuit
501-9 Assistant registrars; powers
501-10 Registrar and assistants; oath, accounts, absence
501-11 Examiners of title; appointment, removal
501-12 Salaries and expenses
501-13 Validity of facsimile signature
Commencement of Land Registration Procedure
501-20 Definitions
501-20.5 Rules
501-21 Registration application; by whom made
501-22 Filing; memorandum to be recorded
501-23 Application, form, and contents
501-23.5 Disposition of fees received at the bureau of
conveyances
501-24 Agent for nonresident
501-25 Application may include several parcels
501-26 Amendments to application
501-27 Land bounded on way
501-28 Plans and muniments
501-29 Land subject to mortgage or lease
501-30 Additional facts
501-31 Transfers pending application; temporary record;
final record
501-32 Reference to examiner; report; election to proceed
501-33 Accretion to land
Notice after Report
501-41 Notice of application
501-42 Service; return day; further notice
501-43 Guardian ad litem; compensation
501-44 Contests not otherwise represented; duty of attorney
general; res adjudicata when
501-45 Answer intervention; surveyor to be heard when
501-46 Default; effect
Hearings and Powers
501-51 Reference to other judges or to master; maps,
reference; subdivision; costs; etc.
501-52 Powers of the court
501-53 Dismissal; effect; withdrawal, conditions
Review of Decisions and Decrees
501-61 to 63 Repealed
501-64 Enforcement of decrees; bailiff
Decrees
501-71 Decree of registration; conditional when; quieting
title, exceptions; reopened when
501-72 Types of nonabsolute title
501-73 Removing clouds on title
501-74 Decree, contents of
501-75 Transcription of decree in registry; certificate of
title
Legal Incidents of Registered Land
501-81 Legal incidents of registered land
501-82 Tenure of holder of certificate of title
501-83 Certificate effective from transcription
501-83.5 Outstanding owner’s duplicate certificates
501-84 Certificates, when two or more owners
501-85 Substitution, one certificate for several, several
for one; subdivisions, maps
501-86 Registration runs with land
501-87 No adverse possession or prescription
501-88 Certificate as evidence
501-89 Indexes, record books, etc.
Voluntary Dealing with Land after Original Registration
501-101 Voluntary dealing with registered lands
501-101.5 Agreements of sale; priority
501-102 Filing liens, etc., notice
501-103 Conveyances of less than fee simple
501-104 Reference of doubtful questions
501-105 Grantee’s address, etc., to be stated
501-106 Entry of new certificate
501-107 Entry record; duplicates and certified copies
501-108 Conveyance of fee; procedure
501-109 Portion of registered fee
501-110 Statement of encumbrances
Mortgages
501-116 Mortgage registration necessary
501-117 Procedure
501-118 Foreclosure
Leases
501-121 Leases; registration required
Trusts
501-131 Transfer in trust; procedure
501-132 Powers to be noted on certificate; construction for
court
501-133 New trustee
501-134 Trusts, implied or constructive
501-135 Application by trustee
501-136 Attachment and other liens; filing or recording of
501-137 Repealed
501-138 Discharge or modification of liens to be recorded
501-139 Assistant registrar as official recorder
501-140 Indorsement of and notices to plaintiff’s attorney
501-141 Court orders to be recorded
501-142 Mechanic’s lien
501-143 Enforcement of lien
501-144 New certificate after enforcement of lien; tax sale
Pending Actions; Judgments and Partitions; Recording
501-151 Pending actions, judgments; recording of, notice
501-152 Certificate of judgment for defendant
501-153 Certificate of judgment for plaintiff
501-154 Writ of possession, service, time limit for
registration
501-155 Judgment directing conveyance
501-156 Partition
501-157 Reregistration of mortgage or lease after partition
501-158 Notice of bankruptcy proceedings
501-159 Decree of discharge
Eminent Domain; Recording
501-166 Eminent domain; recording procedure
501-167 New certificate upon reverter of land
Descent and Devise
501-171 Registration upon transfer by descent and devise
501-172 License to sell or mortgage, not affected
501-173 Purchaser acquiring title through personal
representative may have the same registered
501-174 Power of attorney; registration necessary
Lost Duplicate Certificates
501-181 Repealed
Adverse Claims after Original Registration
501-186 Registration of adverse claims; notice; hearing;
costs
Compelling Surrender of Duplicate Certificate
501-191 Repealed
Amendment and Alteration of Certificate of Title
501-196 Alterations upon registration book prohibited
when; court hearings; limitations
Service of Notice after Registration
501-201 Service of notice after registration; how made;
effect
Fees and Actions for Recovery of Loss
501-211 Fees required for protection against loss or damage
501-212 Actions for compensation for fraud, mistake, etc.
501-213 Action, parties defendant
501-214 Judgments, how satisfied
501-215 Subrogation in favor of State
501-216 State, not liable when
501-217 Limitation of actions
501-218 Schedule of fees; authority to amend
501-219 Sale of land court maps
Penalty
501-221 Repealed
Miscellaneous Provisions
501-231 Family child care homes; permitted use in residential
Areas
501-232 Prohibition of transfer fees
Leasehold Time Share Interests
501-241 Leasehold time share interests
501-242 Status of leasehold time share interest as real
property
501-243 Dual recording involving leasehold time share
interests
501-244 Assignment of leasehold time share interest
501-245 Reference to recorded instruments pertaining to
leasehold time share interests
501-246 Legal incidents of a leasehold time share interest
501-247 Voluntary dealing with a leasehold time share interest
501-248 Jurisdiction for matters pertaining to leasehold time
share interests
Part II. Deregistration
501-261 Deregistration of fee time share interests
501-261.5 Deregistration of registered land other than
fee time share interests
501-262 Effect of deregistration
501-263 Effect of deregistration in specific cases
501-264 Chain of title of deregistered land
501-265 Status of fee time share interest and other
interest in deregistered land as real property
501-266 Dual recording involving deregistered land
501-267 Reference to prior recorded instrument
501-268 Legal incidents of deregistered land
501-269 Jurisdiction for matters pertaining to
deregistered land
Note
The $5 recording fee for deregistered land transactions is repealed on adoption of administrative rules. L 2009, c 120, §§16, 21.
Cross References
Nonconsensual common law liens, see chapter 507D.
Rules of Court
See Rules of the Land Court; applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(1), (d), (f), (g), (h).
Law Journals and Reviews
Constructive Trust: An Equitable Doctrine for Protecting and Establishing Legal Interests in Real Property. II HBJ No. 13, at pg. 121.
Case Notes
Act 73, L 2003, by declaring accreted land to be “public land” and prohibiting littoral owners from registering existing accretion under this chapter and/or quieting title under chapter 669, permanently divested a littoral owner of his or her ownership rights to any existing accretions to oceanfront property that were unregistered or unrecorded as of the effective date of Act 73 or for which no application for registration or petition to quiet title was pending; thus, Act 73 effectuated a permanent taking of such accreted lands without just compensation in violation of article I, §20 of the Hawaii constitution. 122 H. 34 (App.), 222 P.3d 441 (2009).
Act 73, L 2003, by declaring accreted land to be “public land” and prohibiting littoral owners from registering future accretion under this chapter and/or quieting title under chapter 669, did not effectuate a taking of future accreted lands without just compensation in violation of article I, §20 of the Hawaii constitution where plaintiffs had no vested right to future accretions to their oceanfront land that may never materialize. 122 H. 34 (App.), 222 P.3d 441 (2009).