§501-108 Conveyance of fee; procedure. (a) An owner desiring to convey in fee registered land or any portion thereof shall execute a deed of conveyance, which the grantor or the grantee may present to the assistant registrar in the bureau of conveyances; provided that no deed, mortgage, lease, or other voluntary instrument shall be accepted by the assistant registrar for registration unless a reference to the number of the certificate of title of the land affected by such instrument is incorporated in the body of the instrument tendered for registration. If the certificate reference in the instrument is not current, an endorsement of the current certificate of title shall be required.
The assistant registrar shall note upon all instruments filed or recorded concurrently with the recorded instrument the document number, the certificate of title number, and, in the case of deregistered land, the bureau of conveyances document number in the spaces provided therefor wherever required.
Except as otherwise provided in part II of this chapter:
(1) The assistant registrar shall thereupon, in accordance with the rules and instructions of the court, make out in the registration book a new certificate of title to the grantee;
(2) The assistant registrar shall note upon the original certificate the date of transfer, and a reference by number to the last prior certificate;
(3) The original certificate shall be stamped "canceled"; and
(4) The deed of conveyance shall be filed or recorded and endorsed with the number and place of registration of the certificate of title of the land conveyed.
(b) On all instruments to be filed or recorded, the top three and one-half 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 one inch of space shall be reserved for information showing to whom the document should be returned. In addition, the first page shall identify and include, if possible, all names of the grantors and all names and addresses of the grantees, the type of document, and the tax map key number. Endorsements, if any, may be made on a conforming fly sheet. If an instrument consists of more than one page, each page shall be single-sided sheets of written text numbered consecutively, beginning with number one, and shall be stapled once in the upper left corner. No instrument shall have a cover or backer attached. The assistant registrar shall be permitted to remove any rivets affixed to any instrument.
(c) All names of all natural persons signing in their individual capacity in the instrument shall be typewritten, stamped, legibly printed by hand, or by a mechanical or electrical printing method beneath all signatures. No discrepancy in any name shall exist between the printed name, as it appears either in the body of the instrument, beneath the signature, or in the notary's certificate of acknowledgment. The provisions of this subsection shall not apply to any deed or conveyance instrument executed prior to July 1, 1989.
(d) The assistant registrar may refuse to file or record any instrument that will not reproduce legibly under photographic, electronic, or electrostatic methods, or that is of a size larger than eight and one-half inches by eleven inches, or that contains a schedule, inventory sheet, or map in excess of that size. Notwithstanding any other law to the contrary, the assistant registrar may accept an electronic instrument in lieu of an original instrument with original signatures subject to the requirements set forth in rules adopted by the supreme court of the State of Hawaii consistent with this section and chapter 489E. [L 1903, c 56, §57; am L 1913, c 16, §1; RL 1925, §3246; RL 1935, §5056; RL 1945, §12656; RL 1955, §342-57; am L 1961, c 86, §1; HRS §501-108; gen ch 1985; am L 1986, c 246, §8; am L 1988, c 346, §9; am L 1989, c 51, §2; am L 1992, c 197, §4; am L 2000, c 178, §4; am L 2001, c 23, §1; am L 2009, c 120, §8; am L 2013, c 119, §5]
Rules of Court
New certificate of title, see RLC rule 59(a).
Case Notes
Infant, right to disaffirm conveyance after reaching majority. 41 H. 490 (1956), remanded 256 F.2d 208 (1958), modified 42 H. 661 (1958), app. dism'd 267 F.2d 449 (1959).
Structure Hawaii Revised Statutes
501-1 Court; jurisdiction; proceedings; location; rules, practice, etc.
501-2 Judges; assignment of cases.
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.
501-13 Validity of facsimile signature.
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.
501-25 Application may include several parcels.
501-26 Amendments to application.
501-29 Land subject to mortgage or lease.
501-31 Transfers pending application; temporary record; final record.
501-32 Reference to examiner; report; election to proceed.
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.
501-51 Reference to other judges or to master; maps, reference; subdivision; costs; etc.
501-53 Dismissal; effect; withdrawal, conditions.
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.
501-75 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.
501-121 Leases; registration required.
501-131 Transfer in trust; procedure.
501-132 Powers to be noted on certificate; construction for court.
501-134 Trusts, implied or constructive.
501-135 Application by trustee.
501-136 Attachment and other liens; filing or recording of.
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.
501-144 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.
501-157 Reregistration of mortgage or lease after partition.
501-158 Notice of bankruptcy proceedings.
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.
501-186 Registration of adverse claims; notice; hearing; costs.
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.
501-231 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.