§441-13 Sale of plots after dedication; sale of encumbered plots prohibited unless encumbrance subordinate to dedication. After property is dedicated pursuant to this chapter, a cemetery authority may sell, transfer, and convey plots, crypts, or niches thereof, which plots, crypts, or niches shall be described by reference to the map or plat, or amended map or plat, filed in accordance with section 441-3 or 441-8. No plot, crypt, or niche shall be sold, transferred, conveyed, or otherwise disposed of, or offered for sale, transfer, conveyance, or other disposition, unless the property on or in which the plot, crypt, or niche is included has been dedicated pursuant to this chapter, nor shall any plot, crypt, or niche be sold, transferred, conveyed, or otherwise disposed of, or offered for sale, transfer, conveyance, or other disposition, unless the property on or in which the plot, crypt, or niche is included shall either be free and clear of all encumbrances or there has been recorded the written consent of every encumbrancer thereof that the encumbrancer's encumbrance shall be subject and subordinate to the dedication of the property to cemetery purposes and the title of any plot, crypt, or niche owner. [L 1967, c 199, pt of §1; HRS §441-13; gen ch 1985; am L 2007, c 188, §4]
Structure Hawaii Revised Statutes
Title 25. Professions and Occupations
441. Cemetery and Funeral Trusts
441-2 Certificate of dedication.
441-3 Map or plat required; unique identifier.
441-4 Subdivision law not applicable; approval of location and boundaries by council.
441-5 Securities law not applicable to sales of cemetery property.
441-6 When dedication complete; effect of dedication.
441-7 Constructive notice of dedication.
441-8 Resurvey; amended map or plat.
441-9 Dedicated property exempt from improvement assessment.
441-11 Use as cemetery may not be disturbed after dedication.
441-12 Mortgages and liens; consumer contracts; sales prohibited.
441-14 Dedication to cemetery purposes does not violate laws against perpetuities.
441-17 Existing cemeteries deemed dedicated; extension of existing cemeteries.
441-19 Powers and duties of director.
441-20 License required to act as cemetery or pre-need funeral authority.
441-20.5 Audit of records of cemetery or pre-need funeral authority.
441-20.6 Retaining consultants.
441-21 No cemetery or pre-need funeral authority license issued when.
441-22.2 Pre-need trusts required.
441-22.5 Mortuary, cemetery, or pre-need funeral authority; disclosure requirements.
441-22.6 Mortuary, cemetery, or pre-need funeral authority: price list to be furnished.
441-22.8 Cancellation; default and termination; refund.
441-23 Fine, revocation, suspension, and renewal of authority licenses.
441-24 Inspection of cemetery or pre-need funeral authority books.
441-24.5 Pre-need trusts and perpetual care funds; audited financial statements.
441-24.6 Pre-need trusts and perpetual care funds; actuarial studies.
441-24.7 Actuarial study, audited financial statement, trust agreement; available for review.
441-25 License not required to act as cemetery or pre-need funeral salesperson.
441-29 Application for license; fees.
441-31 Fees; biennial renewals.
441-32.5 Sales contracts; filing with the director.
441-35 Perpetual care fund expressly permitted.
441-36 Perpetual care required.
441-37 Trustee of perpetual care fund and pre-need trust.
441-38 Contributions and payments to the trustee.
441-39 Principal of fund or trusts; use of income, reserves.
441-40 Application of principal and income; responsibility of trustee.
441-41 Investment of perpetual care funds and pre-need trusts.
441-42 Trustee's compensation.
441-43 Inspection, regulation, and supervision of administrator.