§501-23 Application, form, and contents. The application shall be in writing, signed, and sworn to by the applicant or by some person duly authorized in the applicant's behalf. If there is more than one applicant, the application shall be signed and sworn to by, or in behalf of, each. The application shall contain a description of the land, with a statement of the estate or interest of the applicant in the land. The application shall state whether the applicant is married, and if married, the name in full of the wife or husband, the time and place of marriage, and the name and office of the officer performing the marriage ceremony; and if unmarried, whether the applicant has been married, and if so, when and how the marriage relation terminated; and if by divorce, when, where, and by what court the divorce was granted. The application shall also state the name in full and the address of the applicant and also the names and addresses of the adjoining owners and occupants, if known; and if not known, the application shall state what search has been made to find them. If the applicant has been known by more than one name, the applicant shall state all of the applicant's names in full. The application may be in form as follows:
State of Hawaii.
To the Honorable Judge of the Land Court:
I (or we), the undersigned, hereby apply to have the land herein described brought under the operation and provisions of chapter 501 of the Hawaii Revised Statutes and to have my (or our) title therein registered and confirmed as an absolute (qualified or possessory) title. And I (or we) declare:
(1) That I am (or we are) the owner (or owners) in fee simple of a certain parcel of land, with the buildings (if any, and if not, strike out the clause), situate in (here insert accurate description).
(2) That the land at the last assessment for taxation was assessed at....dollars; and the buildings (if any) at....dollars.
(3) That I (or we) do not know of any mortgage or encumbrance affecting the land, or that any other person has any estate or interest therein, legal or equitable, in possession, remainder, reversion, or expectancy. (If any, add "other than as follows," and set forth each clearly.)
(4) That I (or we) obtained title (if by deed, state name of grantor, date, and place of record, and file the deed, or state reason for not filing. If in any other way, state it).
(5) That the land is....occupied (state name in full, residence and post office address of occupant and the nature of the occupancy. If unoccupied, insert "not").
(6) That the names in full and addresses as far as known to me (or us) of the occupants of all lands adjoining the land are as follows: (give post office address, street, and number wherever possible. If names not known, state whether inquiry has been made, and what inquiry.)
(7) That the names and addresses so far as known to me (or us) of the owners of all lands adjoining above land are as follows: (same directions as above.)
(8) That I am (or we are) married (follow literally the directions given in section 501-23.)
(9) That my (or our) full name (or names), residence and post office address are as follows:
Dated: ............
(Schedule of documents.)
.......................
(Signature).
State of Hawaii } ss.
Dated: ...............
Then personally appeared the above named...................known to me to be the signer (or signers) of the foregoing application, and made oath before me that the statements made therein, so far as made of the signer's (or signers') own knowledge, are true and, so far as made upon information and belief, that the signer (or signers) believes them to be true.
..................., Notary Public.
[L 1903, c 56, §21; am L 1913, c 21, §1 and c 126, §2; RL 1925, §3210; RL 1935, §5014; RL 1945, §12614; RL 1955, §342-15; HRS §501-23; gen ch 1985; am L 2006, c 38, §11; am L 2019, c 111, §28]
Rules of Court
Applications, see RLC rule 6.
Case Notes
Form given is permissive. 21 H. 175, 178 (1912).
Where claim is for fee simple absolute but source of title given in the application is legally insufficient, in absence of objection to source of title raised before the hearing any evidence in support of fee simple title should be received and matter of amendment should be held in abeyance until evidence all in. 21 H. 175 (1912).
Cited, as to required information concerning marital status. 35 H. 816, 825 (1941).
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.