RULES
OF
THE
LAND COURT
(SCRU-11-0001089)
Adopted
and Promulgated by
the
Supreme Court
of
the State of Hawaiʻi
December
15, 1989
With
Amendments as Noted
The
Judiciary
State
of Hawaiʻi
RULES
OF THE LAND COURT
Table
of Contents
PART I. REGISTRATION IN THE LAND
COURT PROPER
Rule 1. OFFICE HOURS; FILING
ORIGINAL PAPERS
Rule 1.1. ELECTRONIC FILING AND CONSTRUCTION OF
RULES
(a) Registration
Required
(b) Interpretation
(c) Effect
of Hawaiʻi Electronic Filing and Service Rules
(d) Effects
of automation on processes and procedure
(e) Definition
Rule 1.2. DEFINITIONS
Rule 2. NUMBERING OF
APPLICATIONS; ABBREVIATION OF LAND COURT APPLICATION
Rule 3. FORM AND STYLE OF
DOCUMENTS
(a) Form
(b) Form
of first page
(c) Two
or more pleadings or documents filed together
(d) File-mark
stamp
(e) Personal
Information
Rule
4. DEPOSITS
Rule
5. WITHDRAWAL
OF PAPERS
Rule
6. REQUIREMENTS
AS TO ORIGINAL APPLICATIONS
Rule
7. NOTICE
OF FILING APPLICATION
Rule
8. REQUIREMENTS
AS TO ABSTRACTS OF TITLE
Rule
9. SURVEYS,
DESCRIPTIONS AND MAPS
Rule
10. EXAMINERS
OF TITLE
Rule
11. PROOF
OF PUBLICATION
Rule
12. NOTICES
Rule
13. PETITIONS
AND ORDERS OF AMENDMENT
Rule
14. NOTATION
OF ENCUMBRANCES
Rule
15. SUBDIVISIONS
Rule
16. NOTICE
TO ATTORNEYS
(a) Changing
attorney
(b) Parties
appearing without attorney representation
Rule
17. DEPOSITIONS
AND DISCOVERY
Rule
18. RESERVED
Rule
19. DEPOSITION
TRANSCRIPTS, HOW FILED AND DISPOSED OF
Rule
20. MASTERS
(a) Appointment
and Compensation
(b) Hearing
Before Master
Rule
21. PROCEDURE
BEFORE MASTER
Rule
22. EXCEPTIONS
TO MASTER'S REPORT
Rule
23. RESERVED
Rule 24. RESERVED
Rule 25. ANSWERS AND PLEADINGS SUBSEQUENT TO
ORIGINAL APPLICATION; MOTIONS TO SET; DISCLAIMERS;
REQUIREMENTS
AS TO LAND COURT ORDERS
Rule 26. REGISTRATION OF TITLE TO ACCRETION;
CORRECTIONS TO REFLECT EROSION
Rule 27. LAND COURT CONSOLIDATIONS
Rule
28. to 50. RESERVED
PART II.
RECORDATION OF INSTRUMENTS AND
ENTRY OF
CERTIFICATES OF TITLE
Rule 51.PURPOSE AND APPLICABILITY
Rule 52. DEFINITIONS
Rule 53. HOURS OF RECORDATION
Rule
54. RECORD
OF DISPOSITION OF APPLICATIONS FOR
REGISTRATION
Rule
55. TRANSCRIPTION
OF DECREE IN REGISTRY; CERTIFICATE OF
TITLE
Rule
56. MATTERS
NOT COVERED BY THESE RULES
Rule
57. RESERVED
Rule 58. VOLUNTARY DEALING WITH LANDS
Rule
58.5 FLY SHEET;
DEFINITION AND PURPOSE
Rule 59. ENTRY OF NEW CERTIFICATE
(a) Conveyance
of Fee
(b) Portion
of Registered Fee
(c) Foreclosure
by Action
(d) Foreclosure
Under Power of Sale
(e) Subdivisions
(f) New
Trustee
(g) Enforcement
of Lien
(h) Bankruptcy
Proceedings
(i) Descent
and Devise, Testate
(j) Descent
and Devise, Intestate
(k) Personal
Representative's Deed
(l) Eminent
Domain
(m) Reverter
of Land
(n) Discharge
of Proceedings in Bankruptcy
(o) Conveyance
of Real Property Upon Merger or Consolidation of Corporations or Other Entities
(p) Partition
Rule 60. ENTRY BOOK; CERTIFIED COPIES
Rule 61. TRANSFER IN TRUST; PROCEDURE;
POWERS TO BE NOTED ON CERTIFICATE
Rule 62. FILING LIENS, ETC.
(a) Attachment
and Other Liens; Recording of
(b) Mechanic's
Lien
(c) Notice
of Bankruptcy
(d) Recording
Notice of Pendency of Action
(e) Judgment
Lien
(f) Foreign
Judgment
(g) Liens
Upon Interests of Heirs and Devisees
Rule 63. DISCHARGE OR MODIFICATION OF LIENS
Rule 64. POWER OF ATTORNEY; RECORDATION
Rule 65. ALTERATIONS UPON REGISTRATION BOOK
PROHIBITED; AMENDMENTS TO CERTIFICATES
Rule 66. CERTIFICATE OF CONVEYANCE REQUIRED
Rule 67. REQUIREMENTS AS TO CONVEYANCES
Rule 68. HORIZONTAL PROPERTY REGIMES;
CONDOMINIUM PROPERTY REGIMES
Rule 69. TIME SHARING PLANS
Rule 70. SCHEDULE OF FEES
Rule
71. to 100. RESERVED
PART
III. SURVEYS
Rule 101. SURVEYS, DESCRIPTIONS AND MAPS
Rule 102. INSTRUCTIONS TO SURVEYORS
Rule
103. GOVERNMENT
EMPLOYEES DISQUALIFIED TO PRESENT SURVEYS FOR USE BY PRIVATE PARTIES IN THE
LAND COURT
Rule
104. SUBDIVISION
MAPS
Rule
105. REGISTRATION
OF ACCRETION; CORRECTION TO REFLECT EROSION
Rule
106. LAND COURT
CONSOLIDATIONS
Rule
107. FEES
APPENDIX
OF FORMS
LD Form A. Land
Court Information Sheet
LD
Form B. Fly
Sheet
LD Form C. Party
caption and first page of petition
LD Form D. Party
caption and first page of ex parte petition
(This page intentionally left blank.)
RULES OF THE LAND COURT
PART I. REGISTRATION IN THE LAND
COURT PROPER
Rule
1. OFFICE HOURS; FILING ORIGINAL
PAPERS.
The office of the land court shall be open
from 7:45 a.m. until 4:30 p.m. every day in the year, except Saturdays,
Sundays, holidays and furlough days established by law. As used in these rules, “holiday” shall mean
any day designated as such pursuant to section 8-1 of the Hawaiʻi Revised
Statutes. Papers presented for filing
shall be accepted from 8:00 a.m. until 4:00 p.m. Papers may be electronically filed in land
court at all hours, except when the Judiciary Information Management System is
not in operation for maintenance or other reasons.
(Amended
November 6, 2019, effective November 17, 2019; further amended May 21, 2026,
effective July 1, 2026.)
Rule 1.1. ELECTRONIC FILING AND
CONSTRUCTION
OF RULES.
(a) Registration
Required. As provided by the Hawaiʻi Electronic Filing and Service Rules,
unless exempted by the court, each attorney representing a party to a case
maintained in the Judiciary Information Management System (JIMS) shall register
as a Judiciary Electronic Filing and Service (JEFS) User and shall file all
documents electronically. A self-represented party may register as a JEFS User
for the case in which the self-represented party is a natural person party.
(b) Interpretation.
These Rules shall be construed and administered to secure the just, speedy,
and inexpensive determination of every action. These Rules shall be read and
construed with reference to each other: the Hawaiʻi Electronic Filing and
Service Rules, the Hawaiʻi Rules of Civil Procedure, the Rules of the Circuit
Courts of the State of Hawaiʻi, and the Hawaiʻi Court Records Rules. The Rules
of the Land Court shall apply unless an issue is not covered by these Rules, in
which case the Hawaiʻi Rules of Civil Procedure and the Rules of the Circuit
Courts of the State of Hawaiʻi shall apply, in this order. To the extent there
is any conflict between these Rules and the Hawaiʻi Court Records Rules or the
Hawaiʻi Electronic Filing and Service Rules, the latter shall prevail.
(c)
Effect of Hawaiʻi Electronic Filing and Service Rules. Documents filed and
notices given in accordance with the Hawaiʻi Electronic Filing and Service
Rules shall be deemed to comply with the filing, mailing, certified mailing,
notice and service requirements of any part of these Rules.
(d)
Effects of automation on processes and procedure. Duties set out in these
Rules may be performed by automation.
(e) Definition.
All definitions will be interpreted consistently with those of Rule 1 of
the Hawaiʻi Electronic Filing and Service Rules.
(Added
November 6, 2019, effective November 17, 2019.)
As
used in these Rules unless context requires otherwise:
Assistant
Registrar means the registrar of the bureau of conveyances, appointed in
accordance with Hawaiʻi Revised Statutes, Section 502-1, and the registrar's
deputy and such other assistants as may be sworn before the judge.
Certificate
means a certificate of title showing the owner's name, a description of the
land and a summary of encumbrances affecting the land, if any.
File,
filed or filing means to accept, maintain and preserve any instrument
required to be filed conventionally or electronically.
HRS
means Hawaiʻi Revised Statutes.
Instrument
means a document lawfully affecting title or a map that is required by law to
be registered, recorded or filed with the land court or the assistant
registrar.
Judge
means the administrative judge of the circuit court of the First Circuit, civil
division, or a judge of the circuit court of the First Circuit assigned by the
administrative judge to preside over or dispose of land court matters pursuant
to Hawaiʻi Revised Statutes, Section 501-2.
Land
means land, title to which is lawfully registered in the land court.
Record,
recorded, or recording means the act of entering into the public records
the written instruments affecting title to real property.
(Added
November 6, 2019, effective November 17, 2019.)
Rule
2. NUMBERING OF APPLICATIONS;
ABBREVIATION OF LAND COURT APPLICATION.
The
registrar shall, immediately upon the filing of an original application, assign
to the same its appropriate number. The numbers so assigned shall be
consecutive, and all papers and maps thereafter filed in any application shall
be numbered to correspond with the number assigned to the application in which
the same is filed.
In
numbering applications whole numbers only shall be used. Alphabetical
characters opposite the numbers of applications, such as Land Court Application
400-A and Land Court Application 400-B shall not be used.
The
official abbreviation for Land Court Application shall be Ld. Ct. App.
DOCUMENTS.
(a) Form. All
pleadings and documents to be filed in the land court shall be printed or
typewritten on unruled white paper 11 inches long by 8-1/2 inches wide. Unless
otherwise indicated in these Rules, the margins on all sides of the page shall
be 1 inch in which no text or language shall be entered.
(b) Form
of first page. Unless otherwise indicated in these Rules, all pleadings and
documents filed, except forms printed and distributed by the court, shall
include on the first page a case caption which shall contain the following
information:
(1) The
space at the top left of the center of the page shall contain the name,
attorney number, office address, email address and telephone number of the
attorney for the party on whose behalf the document is filed, and the name of
all parties represented by the attorney, or of the party if the party is a
natural person appearing without attorney representation;
(2) Other
than the information indicated in (1) above, the remainder of the space at the
top 3 inches to the right of the center of the page shall be left blank for use
of the clerk of the court or the electronic file stamp, seal, certification, or
any other automatically affixed mark pursuant to the Hawaiʻi Electronic Filing
and Service Rules;
(3) There
shall be centered on the page the name of the court in all capital letters,
which shall be located below the above-described 3-inch space at the top of the
first page; and
(4) Below
the name of the court, the entire caption and application number of the
original application for the registration of title to land in the land court
shall be stated.
All
original applications for the registration of title to land in the land court
shall be entitled as follows:
IN
THE MATTER OF THE APPLICATION
OF
________________________,
to register
title
to real property.
A solid
line under the original application caption shall separate the original
application caption from the remainder of the new or current cause caption, as
described below.
(5) Below
the solid line, in the space to the left of the center of the page, there shall
be stated in all capital letters the title of the new or current cause (which
title shall include the full names of all of the parties in the initial
pleading or document, but thereafter may be appropriately abbreviated);
(6) In
the space to the right of the title of the current cause, there shall be listed
the court case number;
(7) Below
the new land court case number, there shall be listed, in all capital letters,
an inventory of the complete title of each document being filed together,
separated by a semicolon;
(8) Below
the inventory of all documents being filed together, if the document involves
or is related to a hearing matter, then it shall indicate, in upper and lower
case letters, the hearing date, time, and presiding judge. If the document
relates to a nonhearing matter, then it shall indicate substantially in upper
and lower case letters the following: “(Nonhearing Petition), as is
appropriate.”
(9) All
captions regarding matters relating to land that is already registered in land
court shall appear substantially in the form that is reflected in LD Form C for
hearing and nonhearing pleadings and documents and LD Form D for ex parte
pleadings and documents in the Appendix of Forms.
(c) Two
or more pleadings or documents filed together. Where 2 or more pleadings or
documents are bound or fastened together and are submitted for conventional
filing together as a single pleading or document, only the first page of the
first document shall follow all of the requirements of subsection (b), above.
Following that, centered below the case caption and above the text of the first
of multiple documents to be filed, the title of only the first document shall
be typed in all capital letters.
Following
that, for each additional document being filed together, the attorney or party
identification information at the top left corner of the page need not be
included. The complete case caption and application and case numbers shall be
included. Under the case number on the right half of the caption, only the
title of that document shall be typed in all capital letters. Following that,
centered below the complete caption and above the text of the document, shall
be typed the title of the document in all capital letters and centered on the
page.
For
electronically filed documents, the documents shall be filed as separate docket
items, pursuant to Rule 2 of the Hawaiʻi Electronic Filing and Service Rules.
(d)
File-mark stamp. Documents electronically filed in the Land Court, which
receive the Circuit Court of the First Circuit, State of Hawaiʻi’s seal,
certification, signature, or any other automatically affixed mark, shall be
deemed filed, sealed, certified, or signed in the Land Court of the State of
Hawaiʻi, as required by statute.
(e) Personal
Information. Any personal information as defined in the Hawaiʻi Court
Records Rules which is contained in any pleading or document to be filed with
the land court shall be redacted and filed in accordance with the Hawaiʻi Court
Records Rules.
(Amended
November 6, 2019, effective November 17, 2019.)
Upon
the filing of an original application, the applicant shall deposit with the
registrar the sum of $250.00 to be applied to the fees and expenses payable
under the land registration act.
If
any surplus remains after the requirements of said act shall have been complied
with, it shall be returned to the applicant. If such deposit is not sufficient
to meet such requirements, a further deposit shall be made upon request of the
registrar.
All
petitions filed subsequent to original registration shall be accompanied by a
deposit sufficient to cover the fees and expenses of such petition. The
registrar shall determine the amount of such deposit.
Attorneys
shall be liable for all fees and costs incurred by or on behalf of their
clients.
No
abstract of title or map or document filed in the land court may be withdrawn
except with the written approval of the judge of the land court upon a receipt
form furnished by the registrar.
Rule
6. REQUIREMENTS AS TO
ORIGINAL APPLICATIONS.
The
application shall be filed in quadruplicate. It shall state on its face the
number of blueprints desired and shall be accompanied by an abstract of title.
In the absence of such notation, the registrar shall order one blueprint for
the applicant. When an application is filed stating therein that the land is
subject to an existing unrecorded mortgage or to an unrecorded lease for a term
exceeding one year, the original document shall be filed with the application.
Unrecorded muniments of title shall be filed with an application together with
one certified copy thereof for delivery to the examiner.
Where
it is the intent of the applicant to obtain a registered title by proof of
adverse possession, he shall aver the same in his application.
Where
the application as filed mentions the occupants of the land sought to be
registered and the occupants and owners of lands adjoining the land sought to
be registered, and other parties in interest as required by law but does not
mention their addresses or simply states them as "Honolulu, Hawaiʻi,"
the application shall be accompanied by an affidavit stating what search was
made to ascertain the correct addresses of such parties.
The
application shall set forth all interests or claims affected thereby whether
the applicant admits or denies them. If further interests or claims come to the
attention of the judge or registrar, additional notices shall be issued, if
deemed advisable.
Where
an application is amended to include more land than was included in the
original application, the applicant shall file an abstract of title covering
the addition. Such abstract shall be referred to an examiner of title for check
and report. The applicant may show the addition either by amending the map
previously filed or by filing a supplementary map. The map so amended or the
map so filed shall be referred to the state land surveyor for check and report.
Amendments
to the description in an application after citation issues will be allowed
without further citation only when it is proved to the satisfaction of the
court that no new interests are involved.
Rule 7. NOTICE OF
FILING APPLICATION.
"Notice
of Filing Application" shall be filed with the original application.
When
the description in an application and map is amended after the notice has been
recorded in the office of the registrar of conveyances, the applicant shall
file with the registrar of the land court, an amended "Notice of Filing
Application," and the said amended notice shall contain a reference to the
liber and page of the record of the original notice in the office of the
registrar of conveyances. The registrar, after checking the description in the
amended notice with the description on the amended map and in the amended
application, shall send a copy of the same to the office of the registrar of
conveyances.
(Amended
November 6, 2019, effective November 17, 2019.)
Rule 8. REQUIREMENTS AS
TO ABSTRACTS OF TITLE.
Portions
or the whole of abstracts of title on file in the land court may be
incorporated by reference in subsequently filed abstracts, and in such case the
reference shall set forth a clear identification of the prior abstract, the
name of the abstractor, the period covered by the abstract, and the portion of
the abstract incorporated if less than the whole.
Where
a right-of-way or easement is claimed as appurtenant to a parcel of land sought
to be registered, an abstract of title to the servient estate shall be filed
with the application unless waived by the court upon cause shown.
Rule
9. SURVEYS, DESCRIPTIONS
AND MAPS.
Surveys,
descriptions and maps filed in the land court shall be prepared in the manner
provided in Part III of these rules.
An
examiner of the land court shall file his report in triplicate. He may appear
and act as counsel for any applicant for the registration of any title not assigned
to him for examination; but as to titles assigned to him for examination, he
shall not act as counsel for any party interested or appearing therein.
Where
an applicant files original muniments of titles with his application which have
been abstracted and contained in the applicant's filed abstract of title, they
shall not be delivered to the examiner for check but shall remain with the
record.
One
month only shall be allowed for the examination of an abstract unless further
time shall be allowed by the court on cause shown.
Rule 11. PROOF OF
PUBLICATION.
Where
by law or by order of court, the publication in a newspaper of any process,
notice or order, shall be required, evidence of such publication shall be given
by affidavit of the editor, publisher, manager, foreman, clerk or printer of
such newspaper, not interested in the application for registration to which
such publication relates, to which affidavit shall be attached a copy of such
process, notice or order, and which affidavit shall also specify the dates and
times when and the newspaper in which the publication was made. And it will
also be the duty of the publisher of such process, notice or order, to duly
file with the registrar said affidavit before the time fixed for hearing the
matter to which the affidavit relates.
The
citation shall be filed and the filing attorney or party shall thereupon
examine the application, the examiner's report, the map and all papers filed
with the record to see that all persons interested in any way in the title have
been properly included in the citation. After thus checking it, the filing
attorney or party shall file the original with the record which shall be
entitled "Original Citation" and the filing attorney or party shall
send a copy to the newspaper designated to publish the same. A copy of the citation
as printed shall be filed in the record and be marked "Printed
Citation." Any corrections made by the filing attorney or party on the
copy sent to the publisher shall also be noted on the original filed with the
record. The description of the property sought to be registered contained in
the citation shall be the correct description as found by the surveyor as given
in his final report.
All
citations and other notices ordered to be published by the court shall be
published once in each of 3 consecutive weeks (3 insertions). The date of the
hearing shall be determined by the registrar and inserted in the citation
before sending it to the newspaper.
Notices
by mail shall be by registered letter as provided for by statute and a return
receipt shall be required in all cases; but in mailing such notices, the
registrar may require that the return receipt be signed by the addressee only.
Notices
generated electronically shall have the same effect and power as notices by
registered letter as provided for by statute and the Hawaiʻi Electronic Filing
and Service Rules.
Whenever,
in any case, a notice given in accordance with the land registration act or the
general forms of procedure or otherwise is held by the court to be
insufficient, it may order such further notice as the case requires.
(Amended
November 6, 2019, effective November 17, 2019.)
Rule 13. PETITIONS AND ORDERS OF
AMENDMENT.
Petitions
to amend maps and orders thereon, and petitions to amend applications where a
corresponding change on the map is necessary and orders thereon shall be filed
electronically or conventionally, if the petitioner is not required or
qualified to file electronically.
(Amended
November 6, 2019, effective November 17, 2019.)
Rule 14. NOTATION OF
ENCUMBRANCES.
All
encumbrances shall be set forth in detail in the final decree and not by
reference to other documents.
Encumbrances
may be noted on transfer certificates of title by reference, only when the
document referred to is on file in the office of the assistant registrar of the
land court.
(1)
A petition for the subdivision of land or for the consolidation of lots of a
previous subdivision or for the designation of an easement or matters of a like
nature shall be filed in duplicate and shall be signed and sworn to by the
person in whose name the certificate of title has issued or by his attorney or
by an agent duly authorized by him. In the latter case, the power of attorney
of the agent must be filed with the petition. A map shall be filed with each
petition. Leases, mortgages and similar encumbrances need not be noted or
referred to if all lots in the subdivision are affected. When any of the
encumbrances affects one or more but not all of the lots created by such
subdivision and it is desired to confine such encumbrance or encumbrances to the
lot or lots affected, the petition shall clearly set forth the lot or lots
affected.
(2)
Where land is held in undivided interests by co-owners, no single co-owner
shall subdivide the land, except with the written consent of the other owners.
(3)
The words "subdivision" and "re-subdivision" shall not be
used interchangeably, one for the other, but shall be employed only in their
strict grammatical sense. Two or more contiguous lots or parcels of land in the
same application may be consolidated and re-subdivided into lots having other
dimensions and areas, in the same petition; provided that the total area of the
first set of lots and the total area of the newly created lots shall be the
same.
(4)
A petition for subdivision, or the map accompanying it, shall evidence any
necessary approval by county agencies. (See Rule 104 of these rules.)
(5)
A copy of the petition, the map, and the certificate of title shall by order of
court be transmitted to the state land surveyor for check and report. Upon
receipt of the return and report of the state land surveyor and completion by
the petitioner of the additional things to be done, if any, an "Order of
Subdivision" shall issue under the seal of the court, which order shall
reflect all changes caused by the subdivision, in encumbrances, reservations,
restrictions or otherwise. The map of the subdivision shall also be endorsed as
follows: "Authorized and approved by order of the Judge of the Land Court
dated ______________. By Order of the Court" and be signed by the
registrar of the land court.
(6)
After approval by the judge of the land court, a subdivision map may not be
altered either by adding other matters thereto or deleting therefrom any
writings recorded thereon. Any change relating to land delineated on a map
previously approved may only be registered by the filing of a new petition and
map.
(7)
Exceptions to the foregoing Rule 15 [sic] may be made at any time by order of
the court upon good cause being shown therefor.
(a) Changing
attorney. If a party shall change the party’s attorney, pending any
proceeding, the name of the new attorney shall be substituted on the docket for
that of the former attorney, and notice thereof given to any adverse party; and
until such notice of the change of an attorney, all notices given to or by the
former attorney shall be considered in all respects as notice to or from the
attorney’s client, except in cases in which by law the notice is required to be
given to the party personally; provided, however, that nothing in these Rules
shall be construed to prevent any party who is a natural person from appearing
without attorney representation in the manner provided by law.
(b) Parties
appearing without attorney representation. In cases where a natural person party
appears in a case without attorney representation, the natural person party so
appearing shall be subject to the same rules and requirements that are or may
be provided for attorneys in like cases, so far as the same are applicable.
(Amended
November 6, 2019, effective November 17, 2019.)
Rule
17. DEPOSITIONS AND DISCOVERY.
Depositions
and discovery in land court shall be governed by the Rules of the Circuit
Courts of the State of Hawaiʻi and the Hawaiʻi Rules of Civil Procedure except
that in any proceeding: (1) the land court may, by order, direct that Chapter V
of the Hawaiʻi Rules of Civil Procedure shall not be applicable to the
proceeding if the court for good cause finds that the application thereof would
not be feasible or would work an injustice; and (2) if the proceeding be ex
parte any deposition therein upon oral examination or upon written
interrogatories shall be pursuant to motion and order of court, rather than pursuant
to notice as set forth in subdivision (a) of Rule 30 or subdivision (a) of Rule
31 of the Hawaiʻi Rules of Civil Procedure, and in any such case the order of
court shall, for all purposes relating to said Chapter V, take the place of
said notice.
Any
subpoenas for use in land court shall be governed by Rule 45 of the Hawaiʻi
Rules of Civil Procedure.
(Amended
November 6, 2019, effective November 17, 2019.)
Rule 19. DEPOSITION
TRANSCRIPTS,
HOW
FILED AND DISPOSED OF.
All
deposition transcripts submitted electronically will be subject to the Hawaiʻi
Rules of Civil Procedure and Hawaiʻi Electronic Filing and Service Rules. All
parties required or qualified to file documents electronically, who wish to
have deposition testimony entered into the record when the transcript is
actually used as testimony (other than as an exhibit in another document) shall
electronically file with the land court such deposition transcript or portions
of the transcript. All conventionally submitted deposition transcripts may be
electronically scanned and filed to the case docket by the registrar when
appropriately received. The registrar may require any deposition transcript conventionally
submitted to be submitted in electronic form. The deposition transcript shall
afterwards be in the registrar’s custody, subject to the order of the court and
the Hawaiʻi Court Records Rules, as other documents in the case.
(a) A
deposition transcript will generally not be filed with the court, except if any
portion of the transcript is used as testimony during an evidentiary hearing.
The deposition transcript cannot be filed before the evidentiary hearing. The
entire testimony from a deposition transcript shall be electronically filed
with the court by the attorney using deposition testimony no later than 48
hours after its actual use; provided that a party who is a natural person party
and is not required or qualified to file documents electronically may
conventionally submit to the registrar such deposition testimony within the
same time period.
(b) If
the deposition testimony is not read into the record at the evidentiary hearing
by the party taking it, it may be used by any other party, if the other party
see fit, to the same extent that it could be used by the other party if the
other party had taken it and paid the cost of taking the same. If the
non-noticing party uses the deposition transcript, the deposition transcript
shall be electronically filed with the court in accordance with section (a),
above.
(Amended
November 6, 2019, effective November 17, 2019.)
(a) Appointment
and Compensation. The land court may appoint special masters. As used in
these Rules, the word “master” includes a referee, an auditor, an examiner, or
an assessor. The compensation to be allowed to a master shall be fixed by the
court, and shall be charged upon such of the parties or paid out of any fund or
subject matter of the action, which is in the custody and control of the court,
as the court may direct. The master shall not retain the report for
compensation; but when the party ordered to pay the compensation allowed by the
court does not pay it after notice and within the time prescribed by the court,
the master is entitled to a writ of execution against the delinquent party.
(b) Hearing
Before Master. When any matter shall be referred to a master, the master
shall assign a time and place for hearing which shall not be less than 10 days
thereafter; and the party in whose behalf the reference is made shall serve the
adverse party, at least 7 days before the time appointed for the hearing, with
a summons, or such other notice as may be ordered by the court, requiring the
adverse party’s attendance at such time and place, and make proof thereof to
the master; and thereupon, if the adverse party summoned shall not appear to
show cause to the contrary, the master may proceed ex parte; and if the
party obtaining the reference shall not appear at the time or place or show
cause why the party does not, the master may proceed ex parte.
(Amended
November 6, 2019, effective November 17, 2019.)
Rule
21. PROCEDURE BEFORE MASTER.
When
the master has prepared a draft copy of his report, he shall notify the parties
or their attorneys of the time and place, when and where they may attend to
hear the same, and suggest such alterations, if any, as they may think proper;
upon consideration whereof, the master will finally settle the draft of his
report, and give notice thereof to the parties or their attorneys, whereupon,
after examining the same, or being furnished with a copy thereof, if they so
request, and pay the usual fees therefor, five days shall be allowed for
bringing in written objections thereto, which objections, if any, shall be
appended to the report. No exception to a master's report will be allowed
without a special order of the court unless founded upon an objection made
before the master, and shown by his report, and unless filed with the registrar
within fourteen days from the filing of the report. Notice of the filing of a
master's report shall be forthwith sent by the registrar to each party or his
attorney.
Rule
22. EXCEPTIONS TO MASTER'S
REPORT.
When
exceptions shall be taken to the report of a master, they shall be filed with
the registrar, and notice thereof shall forthwith be given to the adverse
party; and the exceptions shall then be set down for argument. In every case
the exceptions shall briefly and clearly specify the matter excepted to, and
the cause thereof, and the exceptions shall not be valid as to any matter not
so specified.
Rule
25. ANSWERS AND PLEADINGS
SUBSEQUENT
TO ORIGINAL
APPLICATION;
MOTIONS TO SET;
DISCLAIMERS;
REQUIREMENTS
AS
TO LAND COURT ORDERS.
Answers
and pleadings that are submitted after an original application, and motions to
set a hearing, shall not be accepted by the registrar from a self-represented
party unless the document includes a notation that appropriate service has been
made on all other attorneys and self-represented parties in the case. The
notation shall be made
(1) on
said document and signed by either the wet-ink signature or electronic
signature of the self-represented party who is filing the document or
(2) by
attaching a certificate of service from an attorney or other appropriate
individual that proper service or delivery of the document has been made.
Motions
to set and other hearing matters will be heard only upon 48 hours written
notice to the adverse party unless time is shortened by court order. If time is
shortened, the movant shall serve all parties in the most expeditious and
effective manner as practicable.
All
disclaimers filed in proceedings for original registration shall be sworn to
and the identity of the disclaiming party established by the signature of
counsel or acknowledged before a notary public.
All
proposed written orders to be entered in the land court following a hearing
shall first be presented to all parties for approval as to form in accordance
with Rule 23 of the Rules of the Circuit Courts of the State of Hawai`i.
Thereafter, the proposed order shall be conventionally submitted to the
registrar or electronically submitted through JEFS to be presented to the judge
for consideration and execution.
(Amended
November 6, 2019, effective November 17, 2019; further amended February 18,
2020, effective July 1, 2020.)
Rule
26. REGISTRATION OF TITLE TO ACCRETION;
CORRECTIONS TO REFLECT EROSION.
Any
owner of a lot or tract of land registered in the land court bounded by the sea
may personally or by someone duly authorized on the owner’s behalf seek to
register title to the natural accretion thereto and/or may seek to have the
oceanfront boundary corrected to reflect erosion by filing a petition that
substantially complies with LD Form D, as shown in the Appendix of Forms and
submitting the petition electronically, or conventionally if the petitioner is not
required or qualified to file electronically, in the following form below:
COMES
NOW __________________ and respectfully shows:
That
said natural person petitioner is the owner of Lot ______ of the above
Application covered by Transfer Certificate of Title No. ________, and that
since the title to said lot was originally registered there has been a gradual
and natural accretion to said lot [and/or there has been natural erosion to the
lot] so that the boundary along high-water mark as of ______________ is as
shown on the map prepared by ______________, and filed herewith.
That
no other person has any interest in the said accretion, and that the following
named are all the adjoining owners, the location of whose lands in reference to
the said accretion [and/or erosion] is as shown by map attached hereto:
(Names
and addresses)
WHEREFORE,
it is prayed that said map be referred to the state land surveyor for check and
report, that notice of this petition be served on the Attorney General and all
adjoining owners and any others the Court map deem necessary and proper to be
served, and that upon approval of the map by the said surveyor and due proof of
matters contained herein, the Court adjudge the petitioner to be the owner of
said accretion [and/or decree correction of the oceanfront boundary to reflect
erosion], approve said map and order the Assistant Registrar of the Land Court
to endorse on said Certificate a
memorandum
of the Decree so adjudging and approving said map.
DATE:(etc.)
(OATH)(Signature)
Said
petition shall be signed by the petitioner’s counsel, or by the petitioner if
the petitioner is self-represented or by someone duly authorized on the
petitioner’s behalf.
The
petition shall be accompanied by a map.
Sufficient
copies of the petition and map shall be filed to serve copies thereof on the
state land surveyor, the attorney general and all of the adjoining owners and
any other party which the petition may show to be interested.
Upon
filing of the petition, the registrar shall forward a certified copy thereof
and the map to the state land surveyor, who shall check the accretion and/or
erosion on the ground. The state land surveyor shall, in addition to making the
usual return on the accuracy of the map, report to the court whether, in the
state land surveyor’s opinion, the accretion and/or erosion is or is not
natural accretion and/or erosion. The state land surveyor shall transmit to the
attorney general a copy of the state land surveyor’s return to the court.
After the
return of the survey has been filed with the court, the registrar shall serve
certified copies of the petition and map upon the attorney general, the
adjoining owners and such other parties as the court may deem to be interested.
Such
service shall be by registered mail or electronic mail if the receiving party
has previously consented with return receipt requested or by personal service
if the court so directs. The return date shall be not less than 1 week in case
of personal service and not less than 2 weeks in case of service by mail.
In lieu
of service, the petitioner may secure and file written disclaimers from the
attorney general and the adjoining owners or they may join in the petition
waiving notice.
Where
notices have been served and a return date set and no answers have been filed
or appearances noted before or on said return date, the court may enter a
general default and immediately file the court’s decision if the surveyor has
filed a return recommending the registration of said accretion and/or
correction of oceanfront boundary.
Where
appearances have been noted, the court will grant persons so appearing a
reasonable time within which to file an answer. When answers have been filed,
the court shall set the case for speedy disposition.
Where
the court grants such petition on the record, the court’s decision and decree shall
be in substantially the following form:
FINDINGS OF FACT AND DECISION
The
records show that the petition of ______________ for registration of title to
accretion to Lot ______ and/or correction of boundary to reflect erosion of Lot
______, as shown on Map ______ of the above application, being the lot, or one
of the lots, described in Certificate of Title ______ issued to the petitioner,
was filed on ____________, 20____, and it, together with the map showing such
accretion and/or erosion filed with said petition, was referred to the State
Land Surveyor, who has approved said map and found said accretion and/or
erosion to be natural; that due notices were served on the Attorney General,
the adjoining owners and all other interested parties as required by law and
the rules of this Court and that no answers have been filed or appearances
noted; therefore the Court finds:
(1)
That the high-water mark which is the seaward boundary of said lot as of ____________,
20____ the date of the map filed with said petition, is as shown on said map,
and that said lot together with said accretion or reflecting said erosion has
been designated as said new Lot ______;
(2) That
the change in location of the seaward boundary has been due entirely to natural
accretion or erosion of said original lot on the seaward side;
(3) That
the petitioner is the owner of said new Lot ______. A decree shall be entered
in conformity herewith and the Assistant Registrar of this Court is authorized
and directed to endorse on said certificate of title a reference to said
decree.
DATED:
Honolulu, Hawaiʻi, ____________, 20____.
____________________________
Judge
of the Land Court
of
the State of Hawaiʻi
DECREE
In
conformity with the Decision entered herein on ____________, 20____, IT IS
HEREBY ORDERED, ADJUDGED AND DECREED that:
(1) The
map of new Lot ______ of the above application be and the same is hereby
approved;
(2) The
high-water mark, being the seaward boundary of said new Lot ______, as of
____________, 20____, is as shown on said map;
(3)
__________________, the petitioner herein, is the owner of said new lot as
shown on said map;
(4) The
Assistant Registrar of the Land Court is hereby authorized and directed to
endorse on said certificate of title a reference to this decree and to said
map.
DATED:
Honolulu, Hawaiʻi, ____________, 20____.
____________________________
Registrar
of the Land Court
The
decree shall be filed in triplicate with the registrar who shall immediately
transmit a certified copy thereof and the map filed with the petition to the
state land surveyor who shall thereupon place on the map the following
certificate:
I
hereby certify that Decree re-establishing high-water mark as of
______________, 20____, of new Lot ____ of the herein application has been
noted on Owner's Transfer Certificate of Title No. ____________.
DATED:
Honolulu, Hawaiʻi, ______________, 20_____.
____________________________
Registrar
of the Land Court
Upon
procuring the signature of the registrar thereto, the surveyor shall forward
the map with the surveyor’s return to the court, together with as many prints
as may be required. The registrar shall thereupon transmit a certified copy of
the decree, the transfer certificate of title, the map and one print thereof to
the assistant registrar of the land court for compliance with said decree.
(Amended
November 6, 2019, effective November 19, 2019.)
Rule
27. LAND COURT CONSOLIDATIONS.
An
owner of two or more contiguous or adjacent lots, as defined in HRS § 501-85,
covered by two or more separate land court applications, may combine them by
filing a petition therefor, which shall be called a Land Court Consolidation,
and be numbered consecutively in the same manner as original land court
applications in accordance with Rule 2 of these rules. Such petition shall be
accompanied by a map prepared in accordance with Rule 106 of Part III of these
rules. On approval a new certificate of title shall be issued covering the area
consolidated.
INSTRUMENTS AND ENTRY OF
CERTIFICATES OF TITLE
Rule
51. PURPOSE AND APPLICABILITY.
The
purpose of this Part is to regulate the recordation of instruments required to
be registered in the office of the assistant registrar and the entry of certificates
of title by the assistant registrar.
This
Part shall apply to all persons recording instruments in the office of the
assistant registrar.
As
used in this Part unless context requires otherwise:
"Assistant
Registrar" means the registrar in the bureau of conveyances, department of
land and natural resources, and the registrar's deputy and such other
assistants as may be sworn before the judge.
"Certificate"
means a certificate of title showing the owner's name, a description of the
land and a summary of encumbrances affecting the land, if any.
"File,"
"filed" or "filing" means to accept, maintain and preserve
any instrument required to be filed.
"HRS"
means Hawaiʻi Revised Statutes.
"Instrument"
means a document or map required to be registered, recorded or filed.
"Judge"
means the administrative judge of the circuit court of the first circuit, civil
division, or a judge of the circuit court of the first circuit assigned by the
administrative judge to hear land court matters pursuant to HRS § 501-2.
"Land"
means land, title to which is registered in the land court.
"Record,"
"recorded," "recordation," or "recording" means
to make an entire literal copy of any instrument presented for registration.
Rule
53. HOURS OF RECORDATION.
The office of the assistant registrar
shall be open from 7:45 a.m. until 4:30 p.m. every day of the year, except on
Saturdays, Sundays and holidays, but instruments shall only be recorded between
8:00 a.m. and 3:29 p.m. Every instrument presented for recordation shall be
examined for recordation by the assistant registrar in the order it is
presented for that purpose and if the instrument is entitled by law to be
recorded, shall be recorded:
(1)
At 8:01 a.m. if the instrument was presented to the assistant registrar before
8:01 a.m.;
(2)
As of the time it is accepted by the assistant registrar;
(3)
At 8:01 a.m. the next day the assistant registrar's office is open if the
person requesting recordation so requests;
(4)
At 8:01 a.m. the next day the assistant registrar's office is open if the
instrument was presented after 3:29 p.m.; or
(5)
On the date and at a time between 8:01 a.m. and 3:29 p.m. pursuant to the terms
contained in any written agreement with the assistant registrar relating to
prechecking and recordation of instruments.
(Amended May 21, 2026, effective July 1, 2026.)
Rule
54. RECORD OF DISPOSITION OF
APPLICATIONS
FOR
REGISTRATION.
As
soon as an application for registration of title is disposed of, the registrar
shall make a memorandum stating the disposition of the case and shall send the
same to the assistant registrar, who shall record and index it with the records
of deeds in the bureau of conveyances, and in the index of applications. If the
proceedings upon the application end in a decree of registration of title, the
land included therein shall become registered land. Thereafter instruments
relating to such land shall be recorded and indexed with the records and documents
relating to registered land, and shall not be recorded with the records of
deeds relating to unregistered land except to the extent that such instruments
also involve unregistered land.
Rule 55. TRANSCRIPTION OF DECREE IN REGISTRY;
CERTIFICATE OF
TITLE.
Immediately
upon the entry of the decree of registration, the registrar shall send a
certified copy thereof, under the seal of the court, to the assistant registrar
in the bureau of conveyances, who shall transcribe the decree in a book to be
called the registration book, in which a leaf or leaves in consecutive order
shall be devoted exclusively to each title. The entry made by the assistant
registrar in this book in each case shall be the original certificate and shall
be signed by the registrar and sealed with the seal of the court. All
certificates shall be numbered consecutively, beginning with number one.
Rule
56. MATTERS NOT COVERED BY
THESE
RULES.
HRS
chapter 501 and other applicable chapters shall govern matters relating to
recordation and registration not covered by these rules.
Rule
58. VOLUNTARY DEALING WITH
LANDS.
The
assistant registrar shall not record any deed, mortgage or other voluntary
instrument unless the deed is signed by the grantor, and if applicable, the
grantee in such deed, the mortgage is signed by the mortgagor, or the other
voluntary instrument is signed by the party or parties to such instrument,
which signature or signatures must be either wet-ink or electronic (as
permitted by Hawaiʻi Administrative Rules Chapter 13-16), and:
(1)
It contains or has indorsed upon it the full name(s) or name(s) of the
grantee(s) or other person(s) acquiring or claiming an interest under the
instrument, marital status and, if married, the full name(s) of the spouse(s),
and the address of the grantee(s) or other person(s) acquiring or claiming an
interest under the instrument;
(2)
The assistant registrar has verified the existence and good standing of any
grantee, assignee, lessee or mortgagee which is a corporation, partnership,
limited liability partnership, limited liability company, or other legal entity
incorporated or organized in the state; or there is presented as to any
grantee, assignee, lessee or mortgagee which is a foreign corporation,
partnership, limited liability partnership, limited liability company or other
legal entity: (a) evidence that such foreign entity is registered to do
business and in good standing in the state; or (b) evidence in the form of a
certification issued by the government official or agency with jurisdiction
over the registration of the entity in the state or country of incorporation or
organization, or an opinion of counsel, that such foreign entity is in good
standing in its state or country of incorporation or organization. Evidence
must include the date of incorporation or organization of the foreign entity.
For the purposes of this subsection (b), such evidence will not be accepted by
the assistant registrar more than 1 year after the last anniversary of the date
of incorporation or organization of the entity.
(3)
It contains a reference to the proper number of the certificate affected or, in
the case of documents recorded concurrently with the deed or other instrument
conveying a fee simple interest, a space is provided for the assistant
registrar to write, type or otherwise include the proper number of the new
certificate of title;
(4)
Except as otherwise provided by Hawaiʻi Revised Statutes, Sections 502-50 to
502-52, there is indorsed, subjoined or attached thereto a certificate of
acknowledgment in the form provided or authorized in any of Hawaiʻi Revised
Statutes, Sections 502-41, 502-42, 502-43, 502-45 or 502-47 and Hawaiʻi
Administrative Rules Chapter 5-11;
(5)
Every notary public to the instrument places the notary's initials in the
margin of the instrument opposite each interlineation, erasure, or change
contained in the instrument, if any; and
(6)
The instrument can be reproduced legibly under photographic or electrostatic
methods, is of a size not larger than 8-1/2 inches by 11 inches, and does not
contain any exhibit having sheets in excess of such size.
In
addition:
(7)
On all instruments to be recorded, the top 3-1/2 inches of space of the first
page shall be reserved for recording information for the assistant registrar on
the left half of that space, and for the registrar of conveyances on the right
half of that space. The following 1 inch of space shall be reserved for
information showing to whom the documents should be returned. (See Rule
67 of these Rules for the form of the first page of a document.) Each
instrument shall be stapled once in the upper left-hand corner and shall not
have a cover or backer attached. Nonconforming documents may have a fly sheet
that conforms with Rule 58.5 of these Rules. Any document recorded in the
office of the assistant registrar shall contain a reference to the number(s) of
the certificate of title of the land affected, which may be accomplished by
endorsement on a conforming fly sheet, as provided by Hawaiʻi Revised Statutes,
Section 501-108(b); and
(8)
All names of signatories in the instrument must be typewritten, stamped or
manually or electronically printed beneath all signatures. No discrepancy in
the name shall exist between the printed name as it appears in the body of the
instrument, beneath the signature, and in the notary's certificate of
acknowledgment. The provisions of this paragraph shall not apply to any deed or
conveyance instrument executed prior to January 1, 1990.
(Amended
October 6, 1998, effective November 6, 1998; further amended December 21, 2016,
effective January 1, 2017; further amended November 6, 2019, effective November
17, 2019.)
Rule
58.5. FLY SHEET; DEFINITION AND
PURPOSE.
A
fly sheet is a single sheet of paper affixed onto the first page of a voluntary
instrument covered by Rule 58 of these Rules or an involuntary instrument
covered by Rule 62(a) to 62(d) of these Rules to be recorded in the bureau of
conveyances or office of the assistant registrar of the land court. The fly
sheet is counted as a page in the page count of the instrument, but except for
the information required or permitted to be shown on the fly sheet by statute
or rule the fly sheet shall not be considered a part of the instrument itself
and the instrument shall control in the event of any inconsistency. Except as
specifically permitted by this Rule, a fly sheet may not be used to change,
correct or add to any information that is not otherwise contained in the
instrument being presented for recordation.
Any
indorsement permitted by statute or by these rules shall be stated only on a
fly sheet in conformance with this Rule.
(a)
Form. A fly sheet shall be 8 ½ inches by 11 inches in size with printing on
only one side. The fly sheet shall conform to the format and information
requirements of Hawaiʻi Revised Statutes §§ 501-108, 502-31; Haw. Admin. Rule
13-16-4; and Rules 3 and 58(7) of the Rules of the Land Court:
(1)
the top 3 ½ inches of space shall be reserved for recording information for the
assistant registrar on the left half of that space and for the registrar of
conveyances on the right half of that space; and
(2)
the following 1 inch of space shall be reserved for information indicating to
whom the instrument should be returned. A suggested, but not required, form of
a fly sheet is appended to the Appendix of Forms of these Rules as Form LD Form
B.
(b)
Other Information Permitted to be Shown on a Fly Sheet.
Provided
that the instrument itself shall control in the event of any inconsistency, the
following information is permitted to be shown on a fly sheet:
(1)
the name, address, and telephone number of the person to whom the instrument
should be returned; this information shall be included within the 1 inch space
described above;
(2)
the total number of pages of the instrument including the fly sheet;
(3)
if an instrument contains an abbreviation or abbreviations of an initial or
initials in place of the first or middle names(s) of an individual who is a
party to the instrument, the full legal name of the individual may be stated on
the fly sheet by spelling out the name designated by the abbreviation or
initial. No name may be added by indorsement on the fly sheet if there is no
abbreviation or initial designated in the instrument, and no name may be added
or changed by indorsement on the fly sheet if the abbreviation or initial
contained in the instrument is incomplete or incorrect;
(4)
the fly sheet shall not be used to clarify or add any portion of a name of a
corporation, partnership, limited liability company, or other legal entity
which is a party to the instrument;
(5)
if no marital status is contained in the instrument for any party to the
instrument, the party’s marital status may be specified for that party. A
marital status that is contained in the instrument may not be changed by
indorsement on the fly sheet;
(6)
if the instrument does not contain the state or jurisdiction of incorporation
or organization of a corporation, partnership, limited liability company, or
other legal entity which is a party to the instrument, it may be added by
indorsement on the fly sheet if authoritative verification of the information
is submitted to the Assistant Registrar by way of evidence of good standing
which meets the requirements of Rule 58(2) of these Rules;
(7)
if the certificate number contained in the instrument is not current, then the
current certificate of title number shall be stated by indorsement on the fly
sheet; and
(8)
the current address of a grantee, assignee, or transferee.
(Adopted
December 21, 2016, effective January 1, 2017.)
Rule
59. ENTRY OF NEW CERTIFICATE.
The
assistant registrar shall enter a new certificate upon any transfer of an
estate in fee simple from the owner or some of the registered owners. All
interests in registered land less than an estate in fee simple shall be
registered by recording with the assistant registrar the instrument creating or
transferring or claiming such interest, and by a brief memorandum thereof made
by the assistant registrar upon the certificate. When land is transferred in
fee, the grantor or grantee may record the instrument of transfer with the
assistant registrar. The assistant registrar shall thereupon, in accordance
with the rules and instructions of the court, enter a new certificate in the
name of the grantee, and upon certification by the assistant registrar, a
certification date shall be noted on the certificate. Any outstanding duplicate
certificate shall be surrendered, and the word "canceled" stamped
upon it. The instrument of conveyance shall be indorsed with the number of the
certificate of the land conveyed, provided that the assistant registrar may
limit the number of lots covered by any one certificate. A new certificate
shall be entered in the following cases:
(a) Conveyance of Fee. When an owner desiring to
convey in fee registered land or any portion thereof executes a deed of
conveyance, made in compliance with this Part, which the owner or the grantee
records with the assistant registrar;
(b) Portion of Registered Fee. When a deed in
fee is for part only of the land described in a certificate, the assistant
registrar may enter a new certificate to the grantor for the part of the land
not included in the deed, or enter on the grantor's certificate a memorandum of
the deed of transfer;
(c) Foreclosure by Action. When a
certified copy of the final judgment of the circuit court confirming the sale
which contains the proper number of the certificate affected and also contains
or has endorsed upon it a full memorandum of all encumbrances affecting the
land, if any, or a statement that there are no outstanding encumbrances
affecting the land, is recorded with the assistant registrar, pursuant to
Hawaiʻi Revised Statutes, Section 667-1.5;
(d) Foreclosure Under Power of Sale. When the
affidavit required by Hawaiʻi Revised Statutes, Section 667-32 is recorded with
the assistant registrar pursuant to Hawaiʻi Revised Statutes, Section 667-33,
and the purchaser records the conveyance document pursuant to Hawaiʻi Revised
Statutes, Section 667-33, and such conveyance document contains the proper
number of the certificate of the land affected and also contains or has
endorsed upon it a full memorandum of all encumbrances affecting the land, if
any, or a statement that there are no outstanding encumbrances affecting the
land, under the power of sale;
(e) Subdivisions. When land is subdivided
or when 2 or more parcels of land are consolidated, or consolidated and
resubdivided, a new certificate will be entered when the assistant registrar
(at the request of the owner) determines that such would be clearer, but not
otherwise;
(f) New Trustee. When a new or successor
trustee is appointed by any court or otherwise, provided that the assistant
registrar may, instead of entering a new certificate to a new or successor
trustee, make a memorandum of such appointment on the certificate issued in the
name of the existing or prior trustee;
(g) Enforcement of Lien. When 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
the lien, petitions the court for the entry of a new certificate and the
petition is granted;
(h) Bankruptcy Proceedings. When a trustee in
bankruptcy records 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 which contains the proper number of the certificate
affected and also contains or has endorsed upon it a full memorandum of all
encumbrances affecting the land, if any, or a statement that there are no
outstanding encumbrances affecting the land, the new certificate shall state
that it is issued to the trustee in bankruptcy;
(i) Descent and Devise, Testate. When the
owner of registered land dies having devised the same by will and the person or
persons entitled thereto records with the assistant registrar a correct
statement containing the full names of the devisees, the devisees’ addresses,
marital status, and, if married, the full names of the devisees’ spouses, and a
reference to the number of the certificate affected, and records a certified
copy of the will, a certified copy of an order of the circuit court admitting
it to probate or a certified copy of the written statement of the registrar of
the circuit court admitting it to informal probate, and a certified copy of an
order of the circuit court determining the persons entitled to distribution of
the land;
(j) Descent and Devise, Intestate. When
the owner of registered land dies not having devised the same by will, the
person or persons entitled thereto records with the assistant registrar a
correct statement signed by the person’s attorney of record and containing the
full names of the heirs, the heirs’ addresses, marital status, and, if married,
the full names of the heirs’ spouses and a reference to the number of the
certificate affected, and records a certified copy of the judgment of the
circuit court determining the heirs or a certified copy of an order of the
circuit court determining the persons entitled to distribution of the land;
(k) Personal Representative's Deed.
(1) Upon
recordation of a conveyance document executed by a personal representative to
heirs and devisees who are entitled to the estate in accordance
with the
terms of the probated will or the laws of intestate succession;
(2) Upon
recordation of a conveyance document executed by a personal representative if
the personal representative is authorized by the terms of any will to grant,
bargain, sell, convey, mortgage, or otherwise deal with the land, before any
instrument executed by the personal representative, pursuant to such authority,
is recorded with the assistant registrar, there shall be first recorded a
certified copy of the order of the circuit court admitting the same to probate
or a certified copy of the written statement of the registrar of the circuit
court admitting it to informal probate, and a certified copy of the letters, on
which shall be listed all orders of the circuit court relating to the personal
representative's authority to grant, bargain, sell, convey, mortgage, lease or
otherwise deal with the property and a certified copy of each such order;
(l) Eminent Domain. Whenever any land is
taken by eminent domain, the state or body politic or corporate or other
authority exercising the right shall record with the assistant registrar a
description of the land so taken, giving the name of each owner thereof and
referring by number to each certificate affected. A new certificate may be
issued in the name of the owner for the land remaining to the owner after the
taking;
(m) 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,
shall order the entry of the new certificate in the owner's name;
(n) Discharge of Proceedings in Bankruptcy. If a
new certificate has been entered to the trustee in bankruptcy, the debtor is
entitled to the entry of a new certificate in the owner's name, the court of
bankruptcy orders a reconveyance of land to the debtor, and a certified copy of
the order or decree is recorded;
(o) Conveyance of Real Property Upon Merger or
Consolidation of Corporations or Other Entities. Whenever any domestic or
foreign corporation, limited liability company or other entity having any real
property in the state merges or consolidates with another domestic or foreign
corporation, limited liability company or other entity, and a certified copy of
the merger or consolidation agreement, referring by number to each certificate
of title affected, together with a certificate of any duly authorized official
of the jurisdiction under the laws of which the surviving or consolidated
corporation, limited liability company or other entity is organized, that the
merger or consolidation has been effected in accordance with the laws of the
jurisdiction, is recorded; and
(p) Partition. When, after the entry of the
final judgment of partition and the acceptance of the report of the
commissioners, if any, a certified copy of the judgment and of the return of
the commissioners, referring by number to each certificate of title affected,
is recorded with the assistant registrar, if the land is ordered by the court
to be sold, the purchaser or the purchaser's assigns may present the deed of
the commissioners for recordation; 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. The certificate's conclusive
effect as to title shall be as provided by law (see Hawaiʻi Revised
Statutes, Section 501-156).
(Amended
November 6, 2019, effective November 17, 2019.)
Rule
60. ENTRY BOOK; CERTIFIED
COPIES.
The
assistant registrar shall keep a record in which the assistant registrar shall
enter in the order of reception all deeds and other voluntary and involuntary
instruments recorded with the assistant registrar relating to registered land.
The assistant registrar shall note in the record the year, month and day of
reception of all instruments, in the order in which such instruments are
received. Each instrument shall be regarded as registered or recorded from the
date when the new certificate of title generated by that instrument is entered
by the assistant registrar and the memorandum of each instrument when made on
the certificate to which it refers shall bear the same date. Every instrument
so recorded with the assistant registrar shall be numbered and indexed, and
indorsed with a reference to the proper certificate of title. All records and
papers relating to registered land in the office of the assistant registrar
shall be open to the public, subject to such reasonable regulations as the
assistant registrar, under the direction of the court, may make. Certified
copies of all instruments recorded with the assistant registrar may be obtained
at any time on payment of the assistant registrar's fees.
(Amended
November 6, 2019, effective November 17, 2019.)
PROCEDURE;
POWERS TO BE
NOTED
ON CERTIFICATE.
(a) Whenever
any instrument is recorded for the purpose of transferring land in trust, or
for the purpose of creating or declaring a trust in land without transfer, the
particulars of the trust shall not be entered on the certificate; but a
memorandum thereon shall be entered by the words "in trust," and by a
reference by number to the instrument authorizing or creating the same. If the
instrument creating or declaring a trust 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
recorded by the assistant registrar.
(b) If
the instrument creating or declaring a trust contains an express power to sell,
mortgage, or deal with the land in any manner, the power shall be stated in the
certificate. No instrument transferring, mortgaging, or in any way dealing with
land held in trust shall be recorded, 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 shall be recorded with
the assistant registrar. If a trust instrument is recorded, then it shall be
indexed in the records of the assistant registrar and shall not require a
reference to a Certificate of Title Number.
(Amended
November 6, 2019, effective November 17, 2019.)
A
lien, attachment, order, decree, or other involuntary instrument which contains
or has indorsed upon a fly sheet conforming to Rule 58.5 of these Rules a
reference to the proper number of the certificate affected may be recorded in
the office of the assistant registrar in the bureau of conveyances. The effect
of such recordation shall be as provided by law (see Hawaiʻi Revised
Statutes, Section 501-102; see also Hawaiʻi Revised Statutes, Chapters
231 and 505 concerning state and federal tax liens).
(a) Attachment and Other Liens; Recording of.
When a writing of any description or a copy of any writ affecting land issued
by a judge of a circuit in which the land is situated is recorded to create or
preserve any lien, right, or attachment on land or interest therein, in
addition to any particulars required in such papers for recording with the
records of deeds, it shall also contain a reference to the number of the
certificate to be affected.
(b) Mechanic's Lien. When a mechanic's lien or
lien for labor and materials is claimed upon 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 a
fly sheet conforming to Rule 58.5 of these Rules a reference to the certificate
affected may be recorded with the assistant registrar. Any such lien may be
discharged as provided by law (see Hawaiʻi Revised Statutes, Section
507-45).
(c) Notice of Bankruptcy. Whenever a
certified copy of the petition in bankruptcy under a voluntary bankruptcy, or a
certified copy of the order for relief under involuntary bankruptcy filed in a
United States Bankruptcy Court for reorganization under Chapter 11 of the
bankruptcy code is recorded against the owner of registered land, and the
instrument contains or has indorsed upon a fly sheet conforming to Rule 58.5 of
these Rules the proper number of the certificate affected, the assistant
registrar shall note such fact by entry of an appropriate memorandum on the
certificate. After such memorandum has been entered on the certificate, no
conveyance by the registered owner shall be recorded unless the conveyance
recites that it is made subject to the rights of the trustee in bankruptcy.
(d) Recording Notice of Pendency of Action. In
any action concerning land or affecting the title or the right of possession of
land, the plaintiff may record with the assistant registrar a certified copy of
a notice of pendency of the action of a United States District Court or of a
state court, containing the names or designations of the parties, as set out in
the summons or pleading, the object of the action or claim for affirmative
relief, a description of the land affected thereby, and a reference to the number
of the proper certificate affected.
(e) Judgment Lien. Money judgments,
orders, or decrees of a Hawaiʻi state court or the United States District Court
for the District of Hawaiʻi, shall create a lien upon registered land if
certified copies of the same are recorded in the bureau of conveyances;
provided that only the monetary lien created by the recordation shall affect
the land; provided further that no other provision of a judgment, order, or
decree shall affect registered land unless recorded in compliance with Hawaiʻi
Revised Statutes, Chapter 501 and these Rules. Notwithstanding the foregoing
provision, any money judgment or decree of a state court or the United States
District Court for the District of Hawaiʻi, if certified as correct by a clerk
of the court where it is entered, may be recorded with the assistant registrar.
The effect of such recordation in the bureau of conveyances or the land court
and the duration of any lien created thereby shall be as provided by law (see
Hawaiʻi Revised Statutes, Section 636-3). A satisfaction of such money judgment
or a copy thereof, certified as correct by a clerk of the court where it is
entered, may be recorded in the bureau of conveyances or with the assistant
registrar, depending upon where the money judgment is recorded. Every judgment,
assignment of judgment or satisfaction of judgment recorded in the land court
shall contain a reference to the proper number of the certificate affected.
(f) Foreign Judgment. An exemplified copy
of any judgment, decree or order of a court of the United States or of any
other court which is entitled to full faith and credit in this state, when
filed in the office of the clerk of the appropriate court of this state, which
contains the proper number of the certificate affected may be recorded with the
assistant registrar. The effect of such recordation and the enforceability or
satisfaction of the judgment shall be as provided by law (see Hawaiʻi
Revised Statutes, Chapter 636C).
(g) Liens Upon Interests of Heirs and Devisees.
Proper papers relating to an involuntary lien, charge or lis pendens
against the interest of a relict, heir or devisee in the lands of a deceased registered
owner, prior to the registration of the title of such relict, heir or devisee,
may be recorded with the assistant registrar as in other cases, in which event
the assistant registrar shall make entry thereof as a memorial on the
certificate entered in the name of the deceased owner, giving the name and the
address of the relict, heir or devisee against whom the lien, charge or lis
pendens is sought to operate. (See Hawaiʻi Revised Statutes, Section
501-171(b) concerning the effect and necessity of such recordation.)
(Amended
December 21, 2016, effective January 1, 2017; further amended November 6, 2019,
effective November 17, 2019.)
Rule
63. DISCHARGE OR MODIFICATION OF LIENS.
The
continuation, reduction, discharge and dissolution of liens shall be as
provided by law (see HRS § 501-138). Every certificate or other instrument
which is 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, may in the
case of like liens upon registered land be recorded with the assistant
registrar, if it contains a reference to the number of the proper certificate
containing the memorandum of the attachment or other liens.
RECORDATION.
(a)
A power of attorney to procure land to be registered and convey or otherwise
deal with land shall be recorded with the assistant registrar. (See
Hawaiʻi Revised Statutes, Section 501-174.) A special power of attorney that is
limited to 1 or more parcels of registered land shall contain or have indorsed
on a fly sheet the current certificate number or numbers. A general power of
attorney, not so limited, need not contain a certificate number. In all other
respects, the format, names, signatures and acknowledgment contained in the
power of attorney shall be as set forth in these Rules for documents of
conveyance.
(b) Instruments
revoking powers of attorney may be recorded in like manner.
(c) The
effect of the death, disability or incapacity of the principal shall be as
provided by law (see Hawaiʻi Revised Statutes, Sections 560:5-501 and
560:5-502 and common law).
(Amended
November 6, 2019, effective November 17, 2019.)
REGISTRATION
BOOK
PROHIBITED;
AMENDMENTS TO
CERTIFICATES.
(a) No
erasure, alteration or amendment shall be made upon the registration book after
entry of a certificate or of a memorandum thereon and the attestation of the
same by the assistant registrar except by order of the court recorded with the
assistant registrar, provided that the assistant registrar may correct any
clerical error made by personnel of the assistant registrar's office.
(b) Any
registered owner or other person in interest may at any time apply by petition
to the court, upon the ground that registered interests of any description,
whether vested, contingent, expectant or inchoate have terminated and ceased;
or that new interests have arisen or been created which do not appear upon the
certificate; or that any error, omission or mistake was made in entering a
certificate or any memorandum thereon; or that the name of any person on the
certificate has been changed; or that the registered owner has been married, or
if registered as married, that the marriage has been terminated; or that a
corporation which owned registered land and has been dissolved has not conveyed
the same within 3 years after its dissolution; or upon any other reasonable
ground. The petition after approval by the court shall be recorded with the
assistant registrar.
(c) Initial
petitions filed pursuant to subsection (b) of this Rule shall be filed together
with a fully completed Land Court Information Sheet that substantially complies
with LD Form A, as shown in the Appendix.
(d) Any
ex parte petitions filed pursuant to subsection (b) of this Rule shall
be dismissed if the petitioning party takes no further action within 90 days
after the petition was denied.
(Amended
December 27, 2011, effective January 1, 2012; further amended November 6, 2019,
effective November 17, 2019.)
Rule
66. CERTIFICATE OF CONVEYANCE REQUIRED.
No
document or instrument, on account of which a certificate of conveyance is
required to be filed with the office of the director of taxation under HRS §
247-6, shall be accepted for recordation with the assistant registrar, unless
the certificate has been duly filed.
CONVEYANCES.
The
assistant registrar shall be authorized to accept uniform mortgage instruments
for registration and to incorporate the provisions by reference. Subject to the
information required to be included herein a conveyance of any interest in
registered land may be substantially in the following form:
After
Recordation Return by Mail ( ) Pick up ( ) to:
I, (here
insert the full name and whether married or unmarried, and if married the full
name of the husband or wife), GRANTOR (or MORTGAGOR, LESSOR, etc.), for and in
consideration of (here insert the consideration, if any), to me in hand paid,
do hereby grant, bargain, sell and convey to (here insert the full name and
address of grantee or mortgagee, lessee, etc., whether married or unmarried,
and if married full name of husband or wife, and the character of the interest
granted), GRANTEE (or MORTGAGEE, LESSEE, etc.), his heirs and assigns forever,
the following described land (here insert the description), same being
registered land, for which Certificate of Title No. ________ was duly issued.
WITNESS
my hand this ______ day of ____________, 20____.
(1)
No metes and bounds description will be allowed in any conveyance or other
instrument affecting registered land where a portion only of the land described
in a certificate is sought to be affected. The designation of land in any deed,
lease, mortgage, grant or other document shall be by lot number, unless the
land is described only by metes and bounds in the certificate. If a portion of
land is conveyed, leased, mortgaged or otherwise affected, the land shall first
be subdivided into lots and a memorandum of the subdivision noted on the
certificate.
(2)
Any deed conveying one or more but not all lots in a certificate shall contain
full memoranda relating to easements, right-of-way and all other encumbrances
affecting the particular lot or lots conveyed. If the deed affects all of the
land in a certificate of title, encumbrances may be referred to by reference,
such as, "subject to the encumbrances mentioned in Certificate of Title
No. ________, to which reference is hereby made."
REGIMES;
CONDOMINIUM
PROPERTY
REGIMES.
The
individual titles and interests corresponding to each apartment or unit
together with its common interest in the land appertaining thereto shall be
recordable with the assistant registrar in accordance with the provisions of
this Part where applicable and also in accordance with Hawaiʻi Revised
Statutes, Chapters 514A and 514B.
On
the conveyance in fee of an apartment or unit together with its appurtenant
undivided interest in the land, a new certificate shall be issued to the owners
describing the undivided interest in the land, setting forth the applicable
encumbrances, and noting the number of the apartment or unit to which the
undivided interest is appurtenant. When an apartment or unit is either leased
or conveyed together with a leasehold interest in the land, the lease or
conveyance of the apartment or unit and leasehold interest in the land shall be
noted on the certificate covering the fee interest in the land and no new
certificate shall be entered except that the assistant registrar may at any
time enter a new separate certificate to the fee owner of the land covering the
undivided interest appurtenant to at least 5 apartments or units, setting forth
the applicable encumbrances, and noting the numbers of the apartments or units
to which the undivided interests in the land are appurtenant.
(Amended
November 6, 2019, effective November 17, 2019.)
Declarations
creating a time-share plan shall be recordable with the assistant registrar in
accordance with the provisions of this Part where applicable and also in
accordance with Hawaiʻi Revised Statutes, Chapter 514E. Instruments assigning,
conveying, or otherwise affecting leasehold time-share interests and fee simple
time-share interests created pursuant to such Declaration shall not be
recordable with the assistant registrar.
(Amended
November 6, 2019, effective November 17, 2019.)
(a) Unless
otherwise ordered by the land court, the registrar of the land court is
entitled to demand and receive the following fees, in addition to any other
fees provided by law, except however, no fees shall be charged for any
documents or petitions offered for filing by any officer of the United States,
State of Hawaii, or any county of Hawaii, or by any officer or agent of any
agency or instrumentality thereof in their official capacity.
(1) For
filing of any petition for original registration, order to show cause,
citation, notice of hearing, application to register accretion, or corrections
to reflect erosion - $315.
(2) For
filing a petition after original registration with an order for a suggestion of
death, (other than a trustee), fact of marriage, termination of marriage,
notice of issue of an order in bankruptcy, change of name, or amendment to
correct an error, omission, mistake, or memorandum entered on the certificate -
$50 plus $10 per exhibit.
(3) For
filing a petition after original registration with an order for suggestion of
death of a trustee, removal of a trustee, incapacity of a trustee, appointment
by a successor trustee, or acceptance of a successor trustee - $100 plus $10
per exhibit.
(4) For
filing any petition for subdivision, consolidation, resubdivision, designation
of easements, or cancellation of easements - $200.
(5)
For filing any petition for any other matter not covered in items 2 thru and 4,
inclusive, above after original registration - $300 plus $10 per exhibit.
(6) For
an uncertified copy of any instrument filed in the Office of the Registrar of
the Land Court, when the copy is not authenticated by the seal of office
and the copy is made by court personnel - $2 per page or as provided by law.
(7) For
certification under seal of the registrar of the land court or its designee a
copy of a pleading or other paper subsequent to the initial filing of the
pleading or paper except the record on appeal - $5 per document.
(8) For
filing of any motion - $30.
(9) For
filing of any other document not addressed above - $5.
(10)
For retrieval of files (including a document or documents within a case file)
from off-site storage - $10 per case file.
(b) The
supreme court, by rule of court, from time to time, may revise, amend, add to,
or eliminate any fees payable under subsection (a), or create additional fees
as it deems reasonable, for services provided by the Office of the Registrar of
the Land Court.
The
new Rule 70 shall take effect on July 1, 2015.
(Amended
June 13, 1997, effective July 1, 1997; further amended May 24, 2002, effective
July 1, 2002; further amended June 24, 2015, effective July 1, 2015.)
Rule
101. SURVEYS, DESCRIPTIONS, AND
MAPS.
(1)
The field survey made for the purpose of registering title to, or subdividing
registered land, shall be made on the ground by or under the direct supervision
of a registered professional surveyor duly licensed under the laws of the state
who shall also have been found qualified by the judge and registered to
practice in the land court, and whose registration to practice therein remains
unrevoked.
(2)
The description of survey filed with an application for registration or title
shall be prepared from a recent actual field survey and shall be printed or
typewritten on unruled white paper with a flyleaf in the manner directed in
Rule 3 of these Rules, shall be filed in duplicate, and shall be dated and
signed by the surveyor making the field survey, or under whose supervision the
field survey was executed.
(3) Unless
elsewhere specifically referred to, the surveying instruments to be used,
degree of accuracy, extent, manner, form, and other matters covering the
procedure and things to be done in executing field surveys, compiling
descriptions and preparing maps, shall be in accordance with practices heretofore
obtaining in the land court subject to modifications from time to time by the
state land surveyor with the approval of the judge of the land court.
(4) The
map filed with the original application for registration of title or for any
subsequent purpose shall be in electronic format, though the original shall be
of one of the following sizes, figures indicating inches: 10x15, 15x21, 21x32,
30x36, 36x42 or any length thereof up to 72, or 42x42 or any length thereof up
to 72. There shall be a 1/2-inch border along the edges of all the maps. The
lettering and the representation of the boundaries and other features of the
survey, as well as the surveyor's electronic signature, registration stamp and
Land Court Registration number, shall be in black ink and the plat shall be
drawn to one of the following scales: 10, 20, 30, 40, 50, 60 feet to the inch,
or any power of ten times the above mentioned scales. Letters I and O shall not
be used to designate lots and when letters are combined with numbers, I and O
shall be skipped. A hyphen or dash shall not be used between degrees, minutes
or seconds or between courses and distances.
(5) The
map shall be in 2 parts showing as far as practicable the drawing of the plat
of the land on the left-hand side with true north pointing towards the top on
the right-hand side near the top of the map, the title of the court, the number
and title of the cause and reference to the locality in which the land is
situated which shall include the number of the award and name of awardee, or
the number of the patent or grant, or other class of original title, and the
name of the patentee or grantee, the ili, and ahupuaʻa, district and island,
and any local name in common use together with a brief general description of
the land sufficient to identify the same; all writing shall have a space not
less than 2/10 of an inch between the written lines. The scale to which the plat
is drawn shall also be noted. Beneath this, sufficient space, approximately 2
1/2 inches, shall be reserved for signatures, certificates, orders of the court
and other writings.
(6)
The map shall be wet-ink or electronically signed by the applicant, or by the
applicant’s attorney or authorized agent, in black ink, and shall also have
endorsed thereon and properly filled in, as indicated by the text, a
certificate reading substantially as follows:
This
map is from an actual survey on the ground made by, or under the direct
supervision of the undersigned, between the dates ____________ and ____________
and may be checked by the state land surveyor with my field book number
__________, calculation book number ____________, and working sheet number
________.
Date:
__________________
Address: ________________
______________________________
Registered
Professional Surveyor
Certificate
Number ________
(7) As
noncontiguous lands may be registered under 1 application, more than 1 map may
be filed under the same number or the several parcels of land may be shown in
separate panels in the same map. Insert maps delineating in more detail or on a
different scale particular features of the land sought to be registered may be
inserted and shown in panels on the map. One or more supplementary maps may be
filed with the original map or at any time prior to the issuance of the decree
and shall be indicated by letters of the alphabet, as "Supplemental Map
A," "Supplemental Map B," etc. When 2 or more maps are filed,
each map shall carry in the lower right-hand corner the notation: "Sheet
____ of ____ Sheets," with the appropriate figures inserted in the blank
spaces.
(8) Unless
otherwise ordered by the court, the description and map shall be referred for
check as to form and mathematical correctness to the state land surveyor who
shall then make a report of the state land surveyor’s findings by written
return. In the event it is found that certain changes or corrections are to be
made prior to the date of the return, applicant's surveyor in consultation with
the state land surveyor may correct the description and map without order of
the court where such correction is found necessary to adjust the survey, but no
alteration shall be made after the return has issued except by the state land
surveyor on an order of the court, and in such case the description and map shall
be marked "Amended" and subsequent amendments by orders of the court
shall be indicated by the notation "Second Amendment," "Third
Amendment," etc., as the case may be. These expressions are to be used
only up to the date of the decree. Thereafter, references to the application
shall be solely by its number. In new applications, adjacent registered titles
(completed cases) noted on the map or referred to in the description shall be
designated by the application number only; but adjacent pending applications,
if amended, shall be designated with the number and the kind of amendment, to
which shall be added the word "Pending" in parentheses. Example: Land
Court Application 1000 - 2nd Amendment (Pending). Adjacent pending applications,
if unamended, shall have added after the number the word "Pending" in
parentheses. Example: Land Court Application 1200 (Pending). In preparing
subdivisions of registered titles (completed cases), the fact that the
application had been amended before final decree, shall no longer be noted and
the caption of a subdivision map shall designate the application by its number
only. The notation "Re-Amended" shall not be used. The state land
surveyor shall revise the description and engross on the map the subject matter
contained in the order of the court which shall be authenticated by a suitable
certificate written on the description and engrossed on the map. If there be
more than 1 map, each map shall have thereon a statement referring to the order
of the court and the subject matter thereof.
(9) If
an order of the court amending the survey contains a description which cannot
be reconciled to the survey in the application, or which is mathematically
incorrect, the state land surveyor in consultation with the applicant's
surveyor shall make the necessary corrections and report the facts to the
court. Applicant on being notified thereof shall by motion in writing secure
the approval of the court, but after final decree has issued, no change shall
be made under any circumstance except by an order of the court.
(10)
Where it is desired to withdraw a description or a map from registration and
substitute others in place thereof, the originals shall not be withdrawn from
the records but shall be cancelled by an order of the court and the
substitutions designated "Amended" or "Amendment" in the
manner directed in this Rule.
(11)
The state land surveyor may require applicant's surveyor to file temporarily
the original field notes, calculations and working sheets while an application
is being examined. Such original records shall be returned when the state land
surveyor makes his final report.
(12)
Exceptions to this Rule may be made in specific instances by order of the court
upon good cause being shown therefor.
(13)
Previous to entry of decree and the recording of same on map, no print or other
form of reproduction shall be furnished to any person, unless such copy shall
have marked thereon in large type letters the notation: ADVANCE SHEET - SUBJECT
TO CHANGE.
(14)
Unless otherwise requested or ordered, only 2 prints shall be furnished the
land court and said prints shall have marked thereon the notation referred to
above, viz: ADVANCE SHEET - SUBJECT TO CHANGE. A similar print on paper shall
be retained for the files of the survey office with an added certificate
reading as follows:
I hereby
certify this print to be a true and correct copy of the map filed with Land
Court Application ________ and returned, ____________.
Honolulu,
Hawaiʻi, ________, 20___
______________________________
Surveyor,
State of Hawaiʻi
(15)
When an original application is ready for report to the land court, there shall
be written on the map the following certificate for the state land surveyor's
signature:
I hereby
certify that the description of survey and map hereon have been examined and
the boundaries checked and verified on the ground and found to be in accord.
Honolulu,
Hawaiʻi, __________, 20___
________________________
Surveyor,
State of Hawaiʻi
(16)
Upon the entry of decree, the map will be returned to the survey office and the
following certificate shall be written thereon:
I hereby
certify that Decree of Registration dated ____________, and numbered
____________, has been issued to __________________ covering the land described
hereon and that Owner's(s') Certificate of Title No. ____________ has been
transcribed therefrom.
Honolulu,
Hawaiʻi, __________, 20___
__________________________
Surveyor,
State of Hawaiʻi
When
the above certificate is filled in and signed, prints will then be distributed
without the notation in (14) above or other certificates, except that 1 print
shall be made for the files of the survey office bearing the following
certificate:
I
hereby certify this print to be a true and correct copy of the map filed with
Land Court Application ____________ on which Decree of Registration has been
entered.
Honolulu,
Hawaiʻi, __________, 20___
_________________________
Surveyor,
State of Hawaiʻi
(17)
When a subdivision map is filed and referred to the state land surveyor for
examination before decree is entered, the certificate of the state land
surveyor shall read as follows:
I
hereby certify that the map hereon being a subdivision of Land Court
Application __________ (NOW PENDING) as herein entitled has been examined and
checked as to form and mathematical correctness and found to be in accord.
Honolulu,
Hawaiʻi, __________, 20___
________________________
Surveyor,
State of Hawaiʻi
NOTE:
There shall be endorsed on such a map ADVANCE SHEET - SUBJECT TO CHANGE, which
legend shall not be removed until the subdivision is approved by the judge of
the land court.
Approval
by the judge of the land court will be withheld until final decree is entered
and original certificate of title issued, upon which appropriate order shall be
issued and the subdivision map endorsed with a certificate bearing the same
date as the decree, as follows:
Approved
by order of the Judge of the Land Court dated ____________.
Honolulu,
Hawaiʻi, __________, 20___
____________________________
Surveyor,
State of Hawaiʻi
NOTE: The
legend ADVANCE SHEET - SUBJECT TO CHANGE shall then be erased.
If
a resubdivision is wanted during pendency of an application, the first
subdivision should be withdrawn and cancelled and a substitute map offered.
Previous
to issuance of order of approval by the judge of the land court and the
recording of same on the subdivision map, no print or other form of
reproduction of the map shall be furnished to any person, unless such copy
shall have marked thereon in large type letters, the notation: ADVANCE SHEET -
SUBJECT TO CHANGE.
The
map shall be retained in the survey office, but a report of the findings of the
state land surveyor shall be forwarded to the land court, and upon receipt back
of a certified copy of the Order of Approval, the spaces provided for dates
shall be filled in and the certificate signed by the surveyor.
The
map shall then be forwarded to the land court with the number of prints
requested in the Order of Reference and prints shall then be prepared for
distribution. All such prints shall no longer bear the notation: ADVANCE SHEET
- SUBJECT TO CHANGE, and no other certificate is required thereon, except that
1 print on paper shall be made for the files of the survey office and shall
have thereon the following certificate:
I
hereby certify this print to be a true and correct copy of the map filed with
subdivision of Land Court Application _________ and approved _____________.
Honolulu,
Hawaiʻi, ____________, 20____
_________________________
Surveyor,
State of Hawaiʻi
Rule 102. INSTRUCTIONS TO SURVEYORS.
(1)
The instrument used in making field surveys shall be a surveyor's transit or
theodolite with horizontal circle graduated from 0ø to 360ø and vernier reading to minutes or seconds, with a vertical arc or
circle graduated in a similar manner and with a magnetic needle and compass
plate divided into quadrants. No instrument shall be used which has not been
subjected from time to time to the usual tests required for field adjustments.
(2)
The tape used shall be of steel made to bench standards certified accurate by
the U.S. Bureau of Standards, and of a make approved by the state land surveyor
and shall in whole or in part be graduated to feet, and to tenths and
hundredths of a foot. Tapes used by applicant's surveyor shall be regularly
tested by him with some recognized standard and a record kept of the
differences. All precise measurements of lines shall be made by the steel tape
or electronic distance measuring equipment that meets the accuracy standards as
set forth under (3) below. The transit and stadia may be used for general
location of cultural and topographical features.
(3) The
methods of plane surveying shall be used for all surveys for the registration
of title, and computations for traverses and closure shall be based on plane or
rectangular coordinates. A closed traverse may be made of the boundaries either
by direct traverse along the boundary lines or upon lines from which the
boundary points are directly located. The error of closure for field work
before adjustment shall not be greater than 1 in 20,000 for city property, 1 in
15,000 for residential suburban property, and 1 in 10,000 for farm,
agricultural or other rural property. The allowable error is based on the sum
of the measured lines of the closed traverse. All surveys shall be connected
with the government survey triangulation system.
(4) Adjoining
surveys which have been established by decree of the land court or other
recognized authority, as well as established street or road lines, shall be
adopted, unless applicant's surveyor determines conclusively their inaccuracy.
In such cases it is advisable that the surveyor consult with the state land
surveyor prior to making any change. If there is a land court survey within
convenient distance, some point of said survey shall be tied to some point on
the boundary of the land under survey.
(5)
Where a large tract of land is included in one survey, the origin of the
azimuths used shall be derived from a government survey triangulation station
and the name of the station recorded on the map and all coordinate references
shall be computed from said station. Supplementary stations may be used for
control but in any net of auxiliary stations, the angular measurement before
adjustment shall be such as not to contain an error greater than fifteen (15)
seconds of arc for any one triangle. In localities where triangulation control
is not feasible, a system of closed traverses may be used. (In surveys in which
old magnetic survey descriptions are involved, it is advisable that the
magnetic declination be observed at frequent intervals.)
(6)
In surveys of city and residential suburban property, street lines shall be
shown, and the initial point shall be referred to a government survey
triangulation station and also if possible connected to a city street monument,
or to some other survey monument of official record.
(7)
The description of survey of the exterior boundaries shall be described as
running from left to right (clockwise), true azimuths being used in designating
the courses with zero or 360ø
at true south, 90ø at true west,
180ø at true north and 270ø at true east: distances shall be given in
linear feet and decimals to two places and areas in square feet to the nearest
square foot or acres and decimals to three places thereof. The initial point
may be referred to the "origin of azimuth" station either by plane
coordinates or direct azimuth and distance with such supplementary references
to other stations or known monuments as are convenient or desirable. All
reservations, exclusions or exceptions of lands not sought to be registered
shall be described in a similar manner. Perpetual easements or easements
running for long terms or other permanent encumbrances shall also be described
by metes and bounds. Temporary or indefinite easements or encumbrances may be
described in general terms only. A meandering boundary such as a stream,
mountain ridge or the seashore, shall be described by direct azimuths and
distances between located points on said meandering line, locations being
spaced at sufficiently frequent intervals to make possible a relocation of the
described boundary.
(8)
The map shall show the exterior boundaries with lines and points thereon well
defined and clearly marked (as well as all reservations, exclusions and
exceptions), with the azimuths and distances along the bounds designated by the
same numbers as in the description of survey. Meandering boundaries shall be
shown and the courses indicated by the conventional methods in general use.
There shall also be delineated on the map all improvements, topographical,
cultural and other features of primary importance (e.g., so as to assist in
orienting persons using the map, to delineate the title or the boundary), original
titles and boundaries, and boundary marks and monuments, with the appropriate
conventional signs, symbols and writings. Connections to triangulation and
reference stations, and to contiguous land court or other adopted or official
surveys shall also be indicated.
(9)
It is recommended that the ends of all important courses or pivotal points in
the boundary be marked on the ground by a special marker and if possible
imbedded in concrete which shall have indicated thereon reference to the fact
that said marker is a land court boundary point. In addition, said markers
should also include the land court registration number of the land surveyors.
Specifications for a uniform type of marker and the manner in which it is to be
used shall be supplied by the state land surveyor.
(10)
Exceptions to this rule may be made in specific instances by order of the court
upon good cause being shown therefor.
Rule
103. GOVERNMENT EMPLOYEES
DISQUALIFIED
TO PRESENT
SURVEYS
FOR USE BY PRIVATE
PARTIES
IN THE LAND COURT.
No
person, while he is regularly employed in any capacity and paid by the
government or any subdivision thereof, shall, during the period of such
employment, actively associate himself directly or indirectly in the survey or
preparation of maps on behalf of and in the employment of any private persons
in connection with land court procedure and for use therein. No maps so
prepared shall be received in the land court on behalf of such private parties.
The clerk of the land court shall inform the judge of any attempted violation
of this rule.
The
certificate of registration as a land court surveyor of any person violating
the above rule shall be subject to revocation in the discretion of the judge of
the land court.
(1)
A subdivision map filed after the decree is entered and original certificate
issued shall delineate the metes and bounds and area of each lot or parcel of
land within the subdivision and shall conform to the requirements for a map
filed with an original application, eliminating however all reference to
conveyances from the government from which original title was derived; there
shall also be inscribed on the map the name of the owner of, and the number of
the certificate of title covering the land. Each lot or parcel of land shall be
given a definite designation either by a number or a letter or by a combination
of both and there shall be no duplication of such designations in the same
application. There shall be no writings on the subdivision map except those
requested in the petition for subdivision, or those taken from the map of the
original application or subsequent subdivision maps, or those authorized by
this rule. All setback lines, proposed streets, easements and encumbrances of a
like nature registered in the land court system and applicable to the
subdivision shall be placed on the map and those created in the petition shall
be shown and delineated on the map by metes and bounds. The area of easements
is to be shown at the bottom left corner of the map. If the easement is described
in the original application by center line description with a prescribed width,
or by metes and bounds, describing its exterior boundaries, the same method
shall be applied on the subdivision map as is followed in the original map. The
description shall be confined within the limits of the lots in the subdivision,
but the lines of the easement shall be extended for a short distance beyond the
lot boundaries to show the direction of the easement. Neither the area of the
easement nor that of any portion thereof shall be given. If the easement has
undefined boundaries except "as shown on map made a part of the original
application," such easement shall be indicated on the subdivision map in
the same manner as indicated on the original map, and no area is expected to be
given. Leases, mortgages and similar encumbrances need not be noted or referred
to if all lots in the subdivision are affected. When any of the encumbrances
affects one or more but not all of the lots created by such subdivision and it
is desired to confine such encumbrance or encumbrances to the lot or lots
affected, the petition shall clearly set forth the lot or lots affected. It is
not necessary, unless desired by the surveyor presenting the subdivision map,
to place on said map topographical features shown on the original map. A note
may be placed on the subdivision map, reading somewhat as follows: "For
topography see original map and original certificate of title." Topography
or other features not shown on the original map shall not be placed on a
subdivision map, except by petition properly presented to the judge of the land
court and confirmed by an order of court.
(2)
Every subdivision map shall have evidence on it of the approval of the
appropriate county agency or agencies, as indicated by a seal on the map or by
other accompanying proof of approval.
(3) In
preparing subdivision maps for the land court, there shall be added to the
title or heading of the descriptive part of the map, and immediately below the
present form, the name or names of the owner or owners of the land under
consideration and the number or numbers of owner's certificate(s) of title.
(4) A
resubdivision map is one in which the boundaries of a group of lots shown on a
prior approved subdivision map are altered or changed. This map must state the
conditions before and after the change, i.e., designation and numbering of
lots, and should show in light dotted lines (not even short dashes) the
boundaries and numbers of the lots of the previous subdivision.
(5)
Exceptions to this rule may be made in specific instances by order of the court
upon good cause being shown therefor.
Rule
105. REGISTRATION OF ACCRETION;
CORRECTION
TO REFLECT
EROSION.
The
map filed with the petition for registration of title to an accretion and/or
correction to reflect erosion, in addition to complying with all the rules and
statutes governing the preparation and filing of maps in the land court, shall
bear the legend:
LAND
COURT APPLICATION _____
ACCRETION
[AND/OR EROSION]
TO
LOT ____________ AS SHOWN
ON
MAP ________ AND THE
REDESIGNATION
OF SAID LOT _____
WITH
ACCRETION [AND/OR EROSION]
AS
LOT ______________
and shall
contain the following information:
(A)
The previous high-water mark as shown on Map ____________ (to be shown by
dotted lines) with the new high-water mark (to be shown by solid line, together
with the date of the determination thereof and a specification in parentheses
whether the mark reflects vegetation, upper reaches of the wash of waves,
debris, seaward face of seawall, top of rock ledge, etc.);
(B)
The old lot number shown by dotted lettering, the old lot area shown by solid
lettering enclosed by parentheses, the area of any accreted portion shown by
solid lettering enclosed by parentheses, the area of any eroded portion shown
by solid lettering enclosed in parentheses, the new lot to be designated by a
new number and shown by solid lettering and the total area to be shown by solid
lettering;
(C)
Location of pipes or other permanent marks set on the boundaries near the new
high-water mark with the distances from said permanent marks to the new
high-water mark;
(D)
The names of the landowners adjoining the lot as accreted and/or eroded;
(E)
The certificate of the surveyor stating substantially as follows: New
high-water mark as shown hereon is from an actual survey on the ground made
under the direction and supervision of the undersigned on ______________,
20____.
Rule
106. LAND COURT CONSOLIDATIONS.
An
owner of two or more contiguous or adjacent lots, as defined in HRS § 501-85,
covered by two or more separate land court applications, may combine them by
filing a petition therefor, which shall be called a Land Court Consolidation,
and be numbered consecutively in the same manner as original land court
applications in accordance with Rule 2 of these rules. Such petition shall be
accompanied by a map showing the land court application numbers and old lot
numbers in dotted lettering and old lot boundaries within the consolidation in
dotted lines. The title of the map shall contain provision for the
consolidation number, the old land court application numbers, old map numbers,
old lot numbers and areas, certificate of title numbers, and the total area of the
consolidation. The map shall conform to requirements of a map filed with a
petition for subdivision as set forth in Rule 104 of these rules.
Unless
the map contains a description of the exterior boundaries of the consolidation,
it shall be accompanied by a typed description thereof in triplicate. The
courses shall contain no reference to monuments at the ends thereof, either on
the map or in the description.
Lots
so combined in a Land Court Consolidation may be treated as follows:
(1) All
contiguous lots may be consolidated into a single lot;
(2) Individual
lots may be redesignated;
(3) Combinations
of contiguous lots may be consolidated into larger lots and redesignated;
(4)
All lots or combinations of contiguous or adjacent lots may be consolidated and
subdivided into new lots, in which case the provisions of Rule 104 shall be
followed.
The
official abbreviation for Land Court Consolidation shall be Ld. Ct. Cons.
|
(Instructions
on reverse side) |
RESERVED
FOR COURT USE
LD
CASE NO. _________________________________ |
|
I. PETITIONER(S)
RESPONDENT(S) |
I (a).PETITIONER’S ATTORNEY
INFORMATION (NAME,
HAWAII BAR #, ADDRESS, PHONE, EMAIL)
|
|
I
(b).PRIMARY CONTACT INFORMATION (NAME,
ADDRESS, PHONE, EMAIL)
|
|
|
I
(c).TITLE COMPANY INFORMATION (NAME,
ADDRESS, PHONE, EMAIL)
|
|
|
II.NATURE
OF PETITION (check one) ◯ 101 EX
PARTE ◯ 201 MAPS ◯ 301 OTHER
_____________________ |
|
|
III. APPLICATION
and/or CONSOLIDATION NUMBER(S)
________________________________ IV. TCT(S)
____________________________________ V. Is
the subject property a timeshare
interest? ◯
Yes ◯ No |
VI.SIGNATURE
OF PETITIONER or FILING PARTY __________________________________________________ NAME:
________________________________________________ (PRINT
NAME) DATE:
______/________/ 20_____ |
|
THIS FORM IS TO BE USED SOLELY
FOR DATA ENTRY PURPOSES AND THEN DESTROYED. In accordance with the
Americans with Disabilities Act and other applicable state and federal laws,
if you require reasonable accommodations for a disability, please contact the
ADA Coordinator at the Land Court at (808) 539-4777 or Fax (808) 539-4713, at
least 10 working days prior to your hearing or appointment date. For other
related matters please call (808) 539-4777. LD Form A |
|
INSTRUCTIONS
FOR COMPLETING THE LAND COURT INFORMATION SHEET
The filing party or parties or
their authorized representative is required to complete this form.
The information contained on the
Land Court Information Sheet does not replace or supplement the filings, the
service, pleadings or other papers as required by law.
If additional space is needed to
answer any item you may attach a separate continuation sheet.
I. PETITIONER(S)
and RESPONDENT(S).
List
the names of the petitioner(s) and respondent(s) exactly as they appear on the
petition.
I(a). PETITIONER’S
ATTORNEY INFORMATION.
If the petitioner is represented by
an attorney, list the attorney’s name, Hawaii Bar number, address, phone number
and email contact information.
Lawyers not licensed in Hawaii do
not qualify as a petitioner’s attorney but may be listed as a primary contact.
List the names of any additional
attorney(s), together with their Hawaii Bar number and contact information.
I(b). PRIMARY
CONTACT INFORMATION.
If the petitioner is
self-represented, list the name, address, phone number, and email contact
information for a person that the Land Court can contact about the petition.
I(c). TITLE
COMPANY INFORMATION.
If the petition is being submitted
by a title company, list its contact information, including the company name, addresses,
phone, and email contact information.
II. NATURE
OF PETITION.
Place
a ✔ in the
appropriate box that describes the subject matter of the petition.
Box
101 (Ex Parte) if the petition is to note
marriage, death, divorce, name change, or change of trustee.
Box
201 (Maps) if the petition relates to
designation of easement, subdivision, consolidation, accretion or erosion.
Box
301 (Other) if the subject matter of the
petition is not listed above, please specify the general nature of the
petition.
III. APPLICATION
and/or CONSOLIDATION NUMBER(S).
List the Land Court Application
and/or Consolidation number(s) for the subject property as stated on the
petition.
IV. TRANSFER
CERTIFICATE OF TITLE (TCT) NUMBER(S).
List the current Transfer
Certificate of Title (TCT) number or numbers if more than one TCT will be
affected by this petition.
V. IS
THE SUBJECT PROPERTY A TIMESHARE INTEREST? Check the appropriate box.
VI. SIGNATURE
OF PETITIONER OR FILING PARTY SUBMITTING THE PETITION.
The person who provided the
information for this Land Court Information Sheet should sign where indicated.
Print
or type name below signature and date.
LD Form A
|
The following items (a)
through (g) correspond to Land Court Rule 58.5. After Recording, return by mail
□ or pick-up □ (a) Name, address and phone
number to contact for pick-up
(b)
Total Pages: __________ (including
this fly sheet) |
(c) Name of a party to the instrument (first and middle
names may be spelled out but only if abbreviations or initials are indicated in
the instrument).
_____________________________________________________________________________________________
(d) Marital status, either “married” or “ummarried”
(marital status may be added but only if not stated in the instrument).
_____________________________________________________________________________________________
(e) If the interested party is an entity, state the
name of the entity and place of organization (place of organization may be
added if not stated in the instrument).
_____________________________________________________________________________________________
(f) Current Certificate of Title number (TCT
numbers may be updated but cannot be added if not stated in the instrument).
_____________________________________________________________________________________________
(g) If
applicable, current address of the grantee, assignee, or transferee, if not
stated in the instrument.
_____________________________________________________________________________________________
I
hereby certify that the information contained on this fly sheet is true and
correct to the best of my knowledge, information and belief.
________________________________________________ ________________________________
(Signature) (Date)
_________________________________________ _______________________________________
(Name
printed or
typed)
(State your relationship to interested party)
|
In accordance with the Americans
with Disabilities Act and other applicable state and federal laws, if you
require reasonable accommodations for a disability, please contact the ADA
Coordinator at the Land Court at (808) 539-4777 or Fax (808) 539-4713, at
least 10 working days prior to your hearing or appointment date. For other
related matters please call (808) 539-4777. LD Form B |
Attorney
Name (bar number)/Party Name
Address
Telephone Number
IN THE LAND COURT OF THE STATE OF HAWAIʻI
|
In the Matter of the Application of ________________________________ to register and confirm title to land situated at ________________________________ ____________________________________ _______________________________, Petitioner, vs. _______________________________, Respondent. |
) ) ) ) ) ) ) ) ) ) ) ) ))) ) ) ) ) ) ) ) |
Ld. Ct. App.
No.:______________________
1LD Case
No.:_____________________ TITLE OF DOCUMENT (OR INVENTORY OF MULTIPLE DOCUMENTS) Hearing: Date: Time: Judge: or Non-Hearing Petition/Motion |
TITLE OF DOCUMENT
LD Form C
Attorney
Name (bar number)/Party Name
Address
Telephone Number
IN THE LAND COURT OF THE STATE OF HAWAIʻI
|
In the Matter of the Application of ________________________________ to register and confirm title to land situated at ________________________________ ____________________________________ In the Matter of the Ex Parte Petition of _______________________________, Petitioner. |
) ) ) ) ) ) ) ) ) ) ) ) ))) ) ) ) |
Ld. Ct. App.
No.:______________________
1LD Case
No.:_____________________ TITLE OF DOCUMENT (OR INVENTORY OF MULTIPLE DOCUMENTS) |
EX PARTE TITLE
OF DOCUMENT
LD Form D
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