Hawaii Elevator & Conveyance Licensing Law
Hawaii Code · 10 sections
The following is the full text of Hawaii’s elevator & conveyance licensing law statutes as published in the Hawaii Code. For the official version, see the Hawaii Legislature.
Haw. Rev. Stat. § 10-1
Section
10-1 Declaration of purpose
10-2 Definitions
10-3 Purpose of the office
10-4 Office of Hawaiian affairs; established; general powers
10-4.5 Authority over disbursements
10-5 Board of trustees; powers and duties
10-6 General duties of the board
10-7 Board of trustees
10-8 Organization; quorum; meeting
10-9 Salaries; benefit; expenses
10-9.5 Salary commission; established
10-10 Administrator; appointment, tenure, removal
10-11 Salary of the administrator
10-12 Assistant; staff
10-13 Appropriations; accounts; reports
10-13.3 Interim revenue
10-13.5 Use of public land trust proceeds
10-13.6 Public land trust conveyed for the development of
housing projects
10-14 Repealed
10-14.5 Budget preparation and submission; auditing
10-14.55 Audit and report
10-14.6 Legislative review
10-15 Annual report
10-15.5 Repealed
10-16 Suits
10-17 Grants; conditions and qualifications
10-18 Hui ÂImi advisory council
10-19 Hawaiian registry
10-20 Taro security; funding
Part II. Revenue Bonds
10-21 Definitions
10-22 Powers of the board
10-23 Authorization of office projects and loan programs;
issuance of revenue bonds
10-24 Revenue bond anticipation notes
10-25 Revenue bonds
10-25.1 Federal tax-exempt status; preference; protection
10-25.5 Support facility for variable rate revenue bonds
10-26 CUSIP numbers
10-27 Covenants in resolution authorizing revenue bonds
10-28 Validity of bonds
10-29 Bonds
10-30 Payment and security of revenue bonds; revenue bonds
not a debt of the State
10-31 Office of Hawaiian affairs projects and loan programs
to be self-supporting
10-32 Office of Hawaiian affairs projects, loan programs,
and bonds exempt from taxation
10-33 Powers herein, additional to other powers
10-34 Funding and refunding bonds; authorization and purpose
10-35 Funding and refunding bonds; principal amount
10-36 Limitation of authority
Part III. Training; Certain Boards, Commissions,
and Councils; Native Hawaiian and Hawaiian
Traditional and Customary Rights, Natural
Resource Protection and Access Rights,
and the Public Trust
10-41 Training; applicability
10-42 Training relating to native Hawaiian and Hawaiian
traditional and customary rights, natural resources
and access rights, and the public trust
Note
Kakaako makai; conveyance of certain parcels to office of Hawaiian affairs. L 2012, c 15.
Public land trust information system. L 2011, c 54; L 2013, c 110.
Use of lands in public land trust; payments and accounting requirements. L 2006, c 178.
Cross References
Allowance of indigenous Hawaiian architecture by county ordinances, see §46-1.55.
Successor determination program, see §171-100.
Attorney General Opinions
Office of Hawaiian affairs constitutionally valid. Att. Gen. Op. 80-8.
Legislature may not authorize office of Hawaiian affairs to use funds derived from public land trust to better the conditions of “Hawaiians”, as defined in §10-2, distinguishing from “native Hawaiians” as defined in §5(f) of the Admission Act. Att. Gen. Op. 83-2.
Law Journals and Reviews
The Constitutionality of the Office of Hawaiian Affairs. 7 UH L. Rev. 63.
The Office of Hawaiian Affairs and the Issue of Sovereign Immunity. 7 UH L. Rev. 95.
The Native Hawaiian Trusts Judicial Relief Act: The First Step in an Attempt to Provide Relief. 14 UH L. Rev. 889.
Native Hawaiian Entitlement to Sovereignty: An Overview. 17 UH L. Rev. 427.
Courts in the “Age of Reconciliation”: Office of Hawaiian Affairs v. HCDCH. 33 UH L. Rev. 503 (2011).
Case Notes
Does not violate §5 of the Admission Act. 921 F.2d 950.
Appellant who contended, among other things, injury by the provisions of article XII of the state constitution and this chapter personally subjecting appellant to racial classification, lacked standing as appellant did not suffer an injury in fact. 342 F.3d 934.
Plaintiff challenging constitutionality of article XII, §§5 and 6 of state constitution and this chapter, lacked standing, where plaintiff had not suffered any injury-in-fact. 188 F. Supp. 2d 1233.
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Haw. Rev. Stat. § 132-1
Section
132-1 County fire chiefs; powers and duties
132-2 General power to make rules
132-3 Adoption of state fire code
132-4 Investigation of fires; criminal prosecutions
132-4.5 Investigation of fires; immunity for information
received from insurers
132-5 Right of entry for inspection; unlawful to obstruct
132-6 Duties of county fire chiefs; periodic inspections;
orders to remove fire hazards; appeals
132-7 Duty of owner to remove fire hazard; expense; lien
132-8 Duties of owners generally
132-8.5 Automatic elevators
132-9 Submission of building plans for approval
132-10 Witnesses; fees
132-11 Recorded order of county fire chiefs as evidence
132-12 Court aid
132-13 Penalty
132-14 Educational powers of county fire chiefs
132-15 Powers of director of labor and industrial relations
132-16 State fire council; composition; functions
132-17 Novelty lighters; prohibited; penalties
132-18 Administrative staffing for the state fire council
132-19 Aerial luminaries; prohibited
Note
Chapter heading amended by L 1978, c 241, §2(20).
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Haw. Rev. Stat. § 171-1
Section
171-1 Definitions
171-2 Definition of public lands
171-3 Department of land and natural resources
171-4 Board of land and natural resources; terms and
qualifications of members of the board; organization;
expenses
171-4.5 Aha moku advisory committee; established
171-5 Meetings, regular, special; quorum
171-6 Powers
171-6.4 General administrative penalties
171-6.5 Repealed
171-7 General duties of the board
171-8 Land agents and other employees
171-8.5 KokeÂe state park advisory council
171-8.6 Risk assessment working group
171-9 Land districts
171-10 Classes of lands
171-11 Public purposes, lands set aside by the governor;
management
171-12 Permanent register of applicants for public lands
171-13 Disposition of public lands
171-14 Auction
171-14.5 Auction pre-qualification; agricultural and pasture
leases
171-15 Drawing
171-16 Notices
171-17 Appraisals
171-18 Public land trust
171-18.5 Sugarcane lands conveyed for the development of
housing projects
171-19 Special land and development fund
171-19.5 Repealed
171-20 Notice of breach or default
171-21 Rights of holder of security interest
171-22 Consent to mortgage
171-23 Land patents and deeds, issued when
171-24 Land conveyances, preparation, signing, record, copies
171-25 Irrigation projects
171-26 Rights-of-way to the sea, game management areas, and
public hunting areas
171-27 Taxes
171-28 Government-owned Hawaiian fishponds; sale prohibition
171-29 Report to legislature on all dispositions
171-30 Acquisition of real property; general
171-31 Depository for documents; filing, record
171-31.5 Disposition of abandoned or seized property
171-31.6 Criminal penalties
Part II. Dispositions, Generally
A. Policy and Planning
171-32 Policy
171-33 Planning; generally
171-34 Planning; intensive agricultural and pasture uses
B. Leases or Sales
171-35 Lease provisions; generally
171-36 Lease restrictions; generally
171-36.1 Reservation of rights to prehistoric and historic
remains on leased public lands
171-36.2 Public lands for historic preservation and
restoration
171-37 Lease restrictions; intensive agricultural and
pasture uses
171-37.5 Withdrawal or taking of leased land; fair compensation
171-38 Condemnation of leases
171-39 Leases; forfeiture
171-40 Expired leases; holdover
171-41 Commercial, industrial, and other business uses
171-41.5 Amendment of commercial, hotel, or industrial lease
171-42 Hotel and resort uses
171-43 Lease of campsites or sites for youth athletic and/or
educational activities
171-43.1 Lease to eleemosynary organizations
171-44 Lease for recreation-residence use
C. Residential Uses
171-45 Residence lots; sale or leases
171-46 Residential sales or leases; planning
171-47 Residence lots; improvement districts
171-48 Residence lots, requirements
171-49 Residence lots: unsold; forfeited; surrendered
171-49.5 Resale, first offer to board; limitation on resale
price
171-49.7 Public lands suitable and available for residential
development; inventory
D. Miscellaneous
171-50 Exchanges
171-50.1 Acquisition of lands for exchange under chapter 516
171-50.2 Exchanges for conversion of leasehold lands to fee
simple ownership
171-51 Quitclaim
171-52 Remnant
171-53 Reclamation and disposition of submerged or reclaimed
public land
171-54 Land license
171-55 Permits
171-55.5 Agricultural plots
171-56 Contract or license for concessions or concession
space
171-57 Reserved rights and easements
171-58 Minerals and water rights
171-58.5 Prohibitions
171-59 Disposition by negotiation
171-60 Development through private developer
171-61 Cancellation, surrender
171-62 Sales; payment, default
171-63 Waiver of restrictions
171-64 Covenants against discrimination
171-64.5 Nonconventional uses; department of health;
approval and authorization; Waimano ridge
171-64.7 Legislative approval of sale or gift of lands
Part III. Special Dispositions; Sales and Leases
Permitted Without Public Auction
A. Certain Agricultural Uses, Including Special
Livestock and Pasture
171-65 Leases, leases with option to purchase, sales
permitted; when
171-66 Planning
171-67 Restrictions; conditions
171-68 Applicants; qualifications of
171-69 Preference right
B. Residential Leases
171-70 Findings and declaration of necessity
171-71 Definitions
171-72 Subdivision, improvement and lease of public lands
171-73 Term, rent, and other conditions of residential leases
171-74 Qualifications of lessees
171-75 Persons disqualified to take residential leases
171-76 Preference right to residential lease
171-77 Transfers of title by bequest, devise, intestate
succession, or by operation of law, and upon
foreclosure
171-78 Notice; drawing
171-79 Purchase of fee title by lessee
171-80 Cancellation of leases
171-81 Surrender of lease
171-82 Approval by board
171-83 Costs of, and realization from, residential leasing
171-84 Leases to certain developers of housing for low and
moderate income families
C. Disposition to Victims of Natural Disaster
- Disposition for Other Than Residential or
Agricultural Purposes
171-85 Definitions
171-86 Purpose
171-87 Disposition to victims of natural disaster, when
171-88 Option to purchase
171-89 Applications
171-90 Eligibility
171-91 Notice of availability of leases; selection of lessees
171-92 Existing public leases
- Disposition for Residential Purposes
171-93 Authorization
171-94 Persons dispossessed or displaced
D. Disposition to Government Agencies and Public
Utilities
171-95 Disposition to governments, governmental agencies,
public utilities, and renewable energy producers
171-95.3 Renewable energy producers; lease of public lands
without public auction
171-95.5 Lease to public charter schools
171-96 Lease to foreign governments
Part IV. Relating to Existing Homestead Rights;
Continuation Thereof and Removal of Certain
Restrictions
171-97 Definition
171-98 Release of restrictions
171-99 Continuation of rights under existing homestead
leases, certificates of occupation, right of purchase
leases, and cash freehold agreements
171-100 Successor determination program
Part V. Lands for Agricultural Purposes
171-111 Repealed
171-112 Acquisition
171-113 to 116.5 Repealed
171-117 Public lands; agricultural park lands
171-118 Repealed
Part VI. Economic Development
171-121 Molokai forest lands, management program established
Part VII. Industrial Parks
171-131 Definitions
171-132 Designation of industrial park
171-133 Authority to plan, improve, develop, operate, and
maintain industrial parks
171-134 Industrial park development
171-135 Joint venture or development agreement
171-136 Disposition of public lands within industrial park
171-137 Preference
171-138 Repealed
171-139 Acquisition
171-140 Rules
171-141 Lease for eligible permittee in industrial park
171-142 Lease for lessees dislocated by condemnation
proceedings
171-143 Rate policy
171-144 Issuance of revenue bonds
Part VIII. Restoration of Beach Lands
171-151 Definitions
171-152 General powers
171-153 Beach restoration plan
171-154 Authority to lease coastal lands
171-155 Development of public coastal lands
171-156 Beach restoration special fund
[Part IX. Turtle Bay, Oahu]
171-171 Reimbursable general obligation bonds for
conservation easement and other real property
interests in Turtle Bay, Oahu
171-172 Turtle Bay conservation easement special fund
171-173 Turtle Bay appraisal and due diligence
171-174 Lease of Turtle Bay lands
Note
Department of transportation’s bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of part II of this chapter through June 30, 2017 or until completion. L 2012, c 218.
Development of watershed management strategies by University of Hawaii in at least two of Hawaii’s most severely flood-impacted watersheds. L 2006, c 187.
Kakaako makai; conveyance of certain parcels to office of Hawaiian affairs. L 2012, c 15.
Priority mooring space for intra-county ferry service. L 2008, c 57, §2.
Relief for airport concessionaires (repealed July 1, 2013). L Sp 2009, c 33; L 2011, c 104, §2.
State purchase of private lands subject to approval. L 2015, c 119, §105.
Survey to identify potential historic districts and single-family residences for listing on Hawaii register of historic places; report to 2018 legislature. L 2015, c 89, §1.
Use of lands in public land trust; payments and accounting requirements. L 2006, c 178.
Water rights lease applications; annual reports to 2017-2020 legislature. L 2016, c 126, §2.
Cross References
Ala Wai boat harbor; leases, see §200-2.6.
Civil relief for state military forces, see chapter 657D.
Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks, see §663-1.56.
Disposition of state boating facility properties, see §200-2.5.
Environmental courts, jurisdiction over proceedings arising under this chapter, see §604A-2.
Exception to liability for county lifeguard services, see §663-1.52.
KahoÂolawe island reserve, see chapter 6K.
KokeÂe state park advisory council, see §171-8.5.
State facility renovation partnership program, see chapter 107D.
Transfer of non-agricultural park lands classified for agricultural use to department of agriculture, see chapter 166E.
Attorney General Opinions
Applies to any and all “public lands”, including ceded lands or lands acquired by the State by other means. Att. Gen. Op. 95-3.
Law Journals and Reviews
Native Hawaiians, Self-Determination, and the Inadequacy of the State Land Trusts. 14 UH L. Rev. 519.
Demolition of Native Rights and Self Determination: Act 55’s Devastating Impact through the Development of Hawaii’s Public Lands. 35 UH L. Rev. 297 (2013).
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Haw. Rev. Stat. § 184-1
Section
184-1 Definitions
184-2 State park system
184-3 Powers of department
184-3.4 State parks special fund
184-3.5 Park acquisition trust fund; “acquire a park” program
184-4 Repealed
184-4.5 Smoking or use of tobacco products prohibited
184-5 Rules and enforcement; penalty
184-5.1 Arrest
184-5.2 Summons or citations
184-5.3 Failure to obey summons
184-5.5 General administrative penalties
184-6 Duties of department
184-7 County contributions
184-8 Budget
Part II. State Resort Camps and Services–Repealed
184-11 to 15 Repealed
Part III. National Parks
184-21 Acquisition and conveyance of lands for National Parks
Part IV. Aina Hoomalu State Parks
184-31 Aina hoomalu state parks program established;
designation of aina hoomalu sites
184-32 Repealed
Note
Department of transportation’s bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of this chapter through June 30, 2017 or until completion. L 2012, c 218.
Cross References
Environmental courts, jurisdiction over proceedings arising under this chapter, see §604A-2.
KokeÂe state park advisory council, see §171-8.5.
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Haw. Rev. Stat. § 206-1
Section
206-1 Definitions
206-2 Administration of chapter
206-3 Interested members, officers or employees
206-4 General powers
206-5 Declaration of development areas
206-6 Acquisition of land within a development area
206-7 Property which shall not be acquired for development
projects
206-8 Development of lands acquired
206-9 Disposition of lands
206-10 Restrictions on sale and use of residential lots by
purchaser
206-11 Breach, mortgaging, effect of breach, etc.
206-12 Requirement to develop
206-13 Power to lease, pledge, or mortgage
206-14 Cooperative agreements with other government agencies
206-15 Hearings, witnesses, etc.
206-16 Investment of reserves
206-17 Additional powers
206-18 Security for funds deposited by board
206-19 Eminent domain
206-20 Contracts with federal government
206-21 Contracts
206-22 Performance bond, procedure
206-23 Exemption from taxation and assessments
206-24 Exemption of property from execution sale
206-25 Duty to make reports
206-26 Disclosure by private developer; public records
206-27 Bonds
206-28 State and political subdivisions not liable on bonds
206-29 Form and sale of bonds
206-30 Provisions of bonds
206-31 Remedies of an obligee; mandamus, injunction,
possessory action, receiver, accounting, etc.
206-32 Subordination of mortgage to agreement with government
206-33 Development project bonds as legal investments
206-34 Policy as to sale prices and rentals
206-35 Agreement to secure federal contributions; default
206-36 Payments to public bodies
206-37 Conveyance, lease, or agreement in aid of development
projects, purchase of bonds
206-38 Governmental advances and donations
206-39 Action of political subdivision by resolution
206-40 Purpose of chapter
206-41 Source of operating funds; disposition of unencumbered
funds
206-42 Conformity with federal law
206-43 Existing obligations, no impairment
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Haw. Rev. Stat. § 247-1
Section
247-1 Imposition of tax
247-2 Basis and rate of tax
247-3 Exemptions
247-4 Payment and liability of the tax
247-4.5 Appeals
247-5 Imprinting of seal
247-6 Certificate of conveyance required
247-6.5 Limitation period for assessment, levy, collection,
or credit
247-7 Disposition of taxes
247-8 Refunds
247-9 Enforcement and administration
247-10 Collection
247-11, 12 Repealed
247-13 Short title
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Haw. Rev. Stat. § 502-1
Section
502-1 Registrar; appointment; tenure; salary
502-2 Repealed
502-3 Deputy registrar, appointment, duties
502-4 Rules
Part II. General Provisions
502-7 Definitions
502-8 Bureau of conveyances special fund
Part III. Indexing of Records
502-11 Entry record
502-12 Indexes
502-13 Names of parties indexed
502-14 Entries where one transfers another’s real estate; in
partition cases
502-15 Annual indexes
502-16 Decennial indexes
502-17 Filing of; data on plans; monuments; metes and bounds
descriptions
502-18 Description; lot subdivisions
502-19 Plans on tracing cloth; size; scale
502-20 New maps for old
502-21 Recording of plans unlawful
502-22 Copies of plans furnished by registrar
502-23 Sale or lease by reference to lots or blocks without
filing of plans; penalty
502-24 Report of violations
502-25 Fees
502-26 Copies of instruments, certificates
502-27 Charges
Part IV. Recording
502-31 Recording, method
502-31.5 Reference in other sections
502-32 Instrument recorded as of time of delivery; office
hours
502-33 Identification of reference to registration of
original
502-34 Grantee’s address in deed
Part V. Acknowledgments; Proof of Instruments
502-41 Certificate of acknowledgment; natural persons,
corporations
502-42 Certificate, contents
502-43 Form when person unknown
502-44 Married women
502-45 Acknowledgments without the State
502-46 Same; certificate of authority of officer
502-47 Acknowledgment without the United States; by members
of the armed forces; recordation where no official
authorized to take proof
502-48 Identification of person making
502-49 Certificate of officer, or judge, necessary
502-50 How made; proof if not made
502-51 Exemption of instruments offered on behalf of United
States
502-52 Signatures of certain state officers, acknowledgments
not required
502-53 No certificate of acknowledgment contrary hereto valid
in court or entitled to be recorded; exception
502-54 Penalty for false certificate
Part VI. Interlineations, Erasures, Etc.
502-61 Changes noted in instrument
502-62 Penalty for not noting changes
502-63 Not recorded unless initialed
502-64 Repealed
Part VII. Records of Acknowledgments
502-71 Record of acknowledgments to be kept
502-72 Disposition of records
502-73 Same, open to inspection
502-74 Penalty for not keeping
Part VIII. Requirement and Effect of Acknowledging,
Recording, Not Recording
502-81 Instruments may be recorded; as evidence
502-82 Record or copy as evidence
502-83 Effect of not recording deeds, leases, etc.
502-84 Powers of attorney, etc.
502-85 Agreements of sale; priority
Part IX. Prior Records
502-91 Old records
502-92 Copies of old records
502-93 Retyping judgment registers
502-94 Translation of Hawaiian documents, recording
502-95 Validation of defective certificates
Part X. Veterans Certificates
502-101 Veterans certificates
Part XI. Other Provisions
502-111 Family child care homes; permitted uses in
residential areas
502-112 Prohibition of transfer fees
Part XII. Uniform Real Property Electronic Recording Act
502-121 Definitions
502-122 Electronic document and electronic signature; validity
502-123 Recording of documents
502-124 Uniformity of application and construction
502-125 Relation to federal Electronic Signatures in Global and
National Commerce Act
Note
For new part headings not included above, see text of chapter in this Supplement.
Cross References
Nonconsensual common law liens, see chapter 507D.
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.
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Haw. Rev. Stat. § 558-1
Section
558-1 Title
558-2 Purpose
558-3 Definitions
558-4 Creation of trust, powers of trustee
558-5 Inquiry into authority of trustee
558-6 Conveyance by trustee
558-7 Personal property
558-8 Disclosure of beneficiaries
Law Journals and Reviews
Tax Consequences of Land Trusts. 16 HBJ 3.
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HRS §464-13
§464-13 Structures exempted from provisions of chapter. (a) The provisions of this chapter shall not apply to work in respect to any privately owned or privately controlled one-storied building or structure, the estimated cost of which does not exceed $40,000, nor to any privately controlled two-storied building or structure, the estimated cost of which does not exceed $35,000.
(b) The provisions of this chapter shall not apply to work in respect to any privately owned or privately controlled one-storied residence, the estimated cost of which does not exceed $180,000, nor to any privately owned or privately controlled two-storied residence, the cost of which does not exceed $162,000.
(c) Whenever the exemption provided for in subsection (b) is applied to the construction of a new residence, it shall be noted and recorded with the bureau of conveyances.
(d) Notwithstanding subsections (a) and (b), the following work shall not be exempt from the requirements of this chapter:
(1) Any building, structure, or residence in which the principal structural members consist of reinforced concrete or structural steel having riveted, bolted, or welded connections;
(2) Any structure or improvement for which the State, a county, or political subdivision requires the use of an appropriately licensed design professional, including but not limited to:
(A) Structures within special management areas, flood hazard areas, and special design districts; or
(B) Improvements resulting from conditional use or other discretionary zoning permits, code compliances or variances, and building permit expediting procedures; and
(3) Any improvement resulting from rules established by a landowner or an association of owners for private property owned by the landowner or association of owners. [L 1931, c 165, §9; RL 1935, §7041; RL 1945, §7613; RL 1955, §166-13; am L 1961, c 151, §1; HRS §464-13; am L 1969, c 146, §2; am L 1979, c 113, §1; am L 2023, c 177, §2]
Haw. Rev. Stat. § t28-ch501
HRS | Chapter 501 Land Court Registration
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Hawaii Revised Statutes
Title 28. Property
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 DeedsÂRepealed
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).
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