§501-41 Notice of application. If, in the opinion of the examiner, the applicant has a good title as alleged, and proper for registration, or, if the applicant after an adverse opinion of the examiner, elects to proceed further, the registrar shall, immediately upon the filing of the examiner's opinion, or the applicant's election, cause notice of the filing of the application to be published in some newspaper of general circulation. The notice shall be issued by the order of the court, attested by the registrar, and shall be in form substantially as follows:
Registration of Title. Land Court. No....
State of Hawaii.
To (insert and classify the names of all persons known to have an adverse interest, and the adjoining owners and occupants, so far as known), and to all whom it may concern:
Whereas, an application has been presented to the court by (name or names and address in full) to register and confirm title in the following described land (insert description):
You are hereby cited to appear at the land court to be held at....in the Island of........on the....day of......A.D..... at....o'clock....M., to show cause, if any you have, why the prayer of the application should not be granted. And unless you appear at the court at the time and place aforesaid your default will be recorded, and the application will be taken as confessed, and you will be forever barred from contesting the application or any decree entered thereon.
Witness, the Presiding Judge of the court. Dated: .........
Attest:
.......................
Registrar.
The description included in the notice in addition to the number of award, patent, and grant and name of awardee or original grantee need not be by metes and bounds, but may be a brief general description of the land sufficient to identify the same. The notice shall contain a statement that the map of the land and the description thereof by metes and bounds are on file in the land court and are open to inspection. [L 1903, c 56, §31; am L 1907, c 43, §3; am L 1913, c 21, §1; RL 1925, §3220; am L 1933, c 22, §1; RL 1935, §5024; RL 1945, §12624; RL 1955, §342-25; HRS §501-41; am L 2006, c 38, §12]
Rules of Court
Notices, see RLC rule 12.
Case Notes
Cited: 34 H. 93, 99 (1937).
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.