Hawaii Revised Statutes
501. Land Court Registration
501-101 Voluntary dealing with registered lands.

§501-101 Voluntary dealing with registered lands. An owner of registered land may convey, mortgage, lease, charge, or otherwise deal with the same as fully as if it had not been registered. The owner may use forms of deeds, mortgages, leases, or other voluntary instruments like those now in use and sufficient in law for the purpose intended. No deed, mortgage, or other voluntary instrument, except a will and a lease for a term not exceeding one year, purporting to convey or affect registered land, shall take effect as a conveyance or bind the land, but shall operate only as a contract between the parties, and as evidence of authority to the registrar or assistant registrar to make registration. The act of registration shall be the operative act to convey or affect the land, and in all cases under this chapter the registration shall be made in the office of the assistant registrar in the bureau of conveyances, during office hours prescribed in section 502-32. The rules of court may provide for forms of conveyances respecting registered land. [L 1903, c 56, §50; am L 1913, c 21, §1; RL 1925, §3239; RL 1935, §5049; RL 1945, §12649; RL 1955, §342-50; HRS §501-101; am L 1972, c 91, §1(t); am L 1974, c 13, §1; gen ch 1985]
Case Notes
Cited in holding that an agreement could operate as a contract between the parties and give rise to enforceable rights, although it could not affect the title situation because not noted on certificate. 324 F. Supp. 768 (1971).
Cited in holding that land was not subject to a trust in favor of a partnership when the trust was not noted on the certificate of title. 324 F. Supp. 768 (1971).
Bill of sale affecting registered land must be registered to take effect as a conveyance. 58 H. 580, 574 P.2d 524 (1978).
Unregistered instrument regarded only as a contract between the parties. 60 H. 40, 587 P.2d 294 (1978).
Where the date of registration of the assignment of assignor's interest in the land, pursuant to this section, acted as the time of conveyance and was nearly two years after the execution of the note and mortgage, and there was nothing in the record to indicate that title was not conveyed or that there was any legally relevant defect in the assignment, the note and mortgage were properly assigned by assignor to assignee. 117 H. 506 (App.), 184 P.3d 821 (2008).
See 33 H. 343 (1935); 39 H. 278 (1952); 44 H. 235, 246, 353 P.2d 1007 (1960); 50 H. 189, 436 P.2d 207 (1967).

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 28. Property

501. Land Court Registration

501-1 Court; jurisdiction; proceedings; location; rules, practice, etc.

501-2 Judges; assignment of cases.

501-3 Sessions.

501-4 Process.

501-5 REPEALED.

501-6 Registrar and assistants; appointment, tenure, powers, and duties.

501-7 Registrar; powers, duties.

501-8 Registrar may act in any circuit.

501-9 Assistant registrars; powers.

501-10 Registrar and assistants; oath, accounts, absence.

501-11 Examiners of title; appointment, removal.

501-12 Salaries and expenses.

501-13 Validity of facsimile signature.

501-20 Definitions.

501-20.5 Rules.

501-21 Registration application; by whom made.

501-22 Filing; memorandum to be recorded.

501-23 Application, form, and contents.

501-23.5 Disposition of fees received at the bureau of conveyances.

501-24 Agent for nonresident.

501-25 Application may include several parcels.

501-26 Amendments to application.

501-27 Land bounded on way.

501-28 Plans and muniments.

501-29 Land subject to mortgage or lease.

501-30 Additional facts.

501-31 Transfers pending application; temporary record; final record.

501-32 Reference to examiner; report; election to proceed.

501-33 Accretion to land.

501-41 Notice of application.

501-42 Service; return day; further notice.

501-43 Guardian ad litem; compensation.

501-44 Contests not otherwise represented; duty of attorney general; res adjudicata when.

501-45 Answer intervention; surveyor to be heard when.

501-46 Default; effect.

501-51 Reference to other judges or to master; maps, reference; subdivision; costs; etc.

501-52 Powers of the court.

501-53 Dismissal; effect; withdrawal, conditions.

501-61, 501-62 REPEALED.

501-63 REPEALED.

501-64 Enforcement of decrees; bailiff.

501-71 Decree of registration; conditional when; quieting title, exceptions; reopened when.

501-72 Types of nonabsolute title.

501-73 Removing clouds on title.

501-74 Decree, contents of.

501-75 Transcription of decree in registry; certificate of title.

501-81 Legal incidents of registered land.

501-82 Tenure of holder of certificate of title.

501-83 Certificate effective from transcription.

501-83.5 Outstanding owner's duplicate certificates.

501-84 Certificates, when two or more owners.

501-85 Substitution, one certificate for several, several for one; subdivisions, maps.

501-86 Registration runs with land.

501-87 No adverse possession or prescription.

501-88 Certificate as evidence.

501-89 Indexes, record books, etc.

501-101 Voluntary dealing with registered lands.

501-101.5 Agreements of sale; priority.

501-102 Filing liens, etc., notice.

501-103 Conveyances of less than fee simple.

501-104 Reference of doubtful questions.

501-105 Grantee's address, etc., to be stated.

501-106 Entry of new certificate.

501-107 Entry record; duplicates and certified copies.

501-108 Conveyance of fee; procedure.

501-109 Portion of registered fee.

501-110 Statement of encumbrances.

501-116 Mortgage registration necessary.

501-117 Procedure.

501-118 Foreclosure.

501-121 Leases; registration required.

501-131 Transfer in trust; procedure.

501-132 Powers to be noted on certificate; construction for court.

501-133 New trustee.

501-134 Trusts, implied or constructive.

501-135 Application by trustee.

501-136 Attachment and other liens; filing or recording of.

501-137 REPEALED.

501-138 Discharge or modification of liens to be recorded.

501-139 Assistant registrar as official recorder.

501-140 Indorsement of and notices to plaintiff's attorney.

501-141 Court orders to be recorded.

501-142 Mechanic's lien.

501-143 Enforcement of lien.

501-144 New certificate after enforcement of lien; tax sale.

501-151 Pending actions, judgments; recording of, notice.

501-152 Certificate of judgment for defendant.

501-153 Certificate of judgment for plaintiff.

501-154 Writ of possession, service, time limit for registration.

501-155 Judgment directing conveyance.

501-156 Partition.

501-157 Reregistration of mortgage or lease after partition.

501-158 Notice of bankruptcy proceedings.

501-159 Decree of discharge.

501-166 Eminent domain; recording procedure.

501-167 New certificate upon reverter of land.

501-171 Registration upon transfer by descent and devise.

501-172 License to sell or mortgage, not affected.

501-173 Purchaser acquiring title through personal representative may have the same registered.

501-174 Power of attorney; registration necessary.

501-181 REPEALED.

501-186 Registration of adverse claims; notice; hearing; costs.

501-191 REPEALED.

501-196 Alterations upon registration book prohibited when; court hearings; limitations.

501-201 Service of notice after registration; how made; effect.

501-211 Fees required for protection against loss or damage.

501-212 Actions for compensation for fraud, mistake, etc.

501-213 Action, parties defendant.

501-214 Judgments, how satisfied.

501-215 Subrogation in favor of State.

501-216 State, not liable when.

501-217 Limitation of actions.

501-218 Schedule of fees; authority to amend.

501-219 Sale of land court maps.

501-221 REPEALED.

501-231 Family child care homes; permitted use in residential areas.

501-232 Prohibition of transfer fees.

501-241 Leasehold time share interests.

501-242 Status of leasehold time share interest as real property.

501-243 Dual recording involving leasehold time share interests.

501-244 Assignment of leasehold time share interest.

501-245 Reference to recorded instruments pertaining to leasehold time share interests.

501-246 Legal incidents of a leasehold time share interest.

501-247 Voluntary dealing with a leasehold time share interest.

501-248 Jurisdiction for matters pertaining to leasehold time share interests.

501-261 Deregistration of fee time share interests.

501-261.5 Deregistration of registered land other than fee time share interests.

501-262 Effect of deregistration.

501-263 Effect of deregistration in specific cases.

501-264 Chain of title of deregistered land.

501-265 Status of fee time share interest and other interest in deregistered land as real property.

501-266 Dual recording involving deregistered land.

501-267 Reference to prior recorded instrument.

501-268 Legal incidents of deregistered land.

501-269 Jurisdiction for matters pertaining to deregistered land.