§502-82 Record or copy as evidence. The record of an instrument duly recorded, or a transcript thereof, duly certified, may also be read in evidence, with like force and effect as the original instrument. Neither the certificate of acknowledgment, nor the proof of any instrument, is conclusive, but may be rebutted, and the force and effect thereof may be contested by any party affected thereby. If the party contesting the proof of an instrument makes it appear that the proof was taken upon the oath of an interested or incompetent witness, neither the instrument nor the record thereof shall be received in evidence until established by other competent proof. [CC 1859, §1259; RL 1925, §3169; RL 1935, §5155; RL 1945, §12755; RL 1955, §343-48; HRS §502-82]
Case Notes
Record may be offered to impeach original by showing alteration in description after recording. 14 H. 276, 278 (1902).
Record or certified copy admissible though original produced. 14 H. 276, 277 (1902).
Certificate not conclusive. 16 H. 294, 300 (1904). See 18 H. 412, 413 (1907).
Presumption of regularity raised by acknowledgment. 25 H. 470, 473 (1920); 49 H. 62, 73, 412 P.2d 326 (1966).
Structure Hawaii Revised Statutes
502. Bureau of Conveyances; Recording
502-1 Registrar; appointment; tenure; salary.
502-3 Deputy registrar, appointment, duties.
502-8 Bureau of conveyances special fund.
502-13 Names of parties indexed.
502-14 Entries where one transfers another's real estate; in partition cases.
502-17 Filing of; data on plans; monuments; metes and bounds descriptions.
502-18 Description; lot subdivisions.
502-19 Plans on tracing cloth; size; scale.
502-21 Recording of plans unlawful.
502-22 Copies of plans furnished by registrar.
502-23 Sale or lease by reference to lots or blocks without filing of plans; penalty.
502-26 Copies of instruments, certificates.
502-31.5 Reference in other sections.
502-32 Instrument recorded as of time of delivery; office hours.
502-33 Identification of reference to registration of original.
502-34 Grantee's address in deed.
502-41 Certificate of acknowledgment; natural persons, corporations.
502-43 Form when person unknown.
502-45 Acknowledgments without the State.
502-46 Same; certificate of authority of officer.
502-48 Identification of person making.
502-49 Certificate of officer, or judge, necessary.
502-50 How made; proof if not made.
502-51 Exemption of instruments offered on behalf of United States.
502-52 Signatures of certain state officers, acknowledgments not required.
502-54 Penalty for false certificate.
502-61 Changes noted in instrument.
502-62 Penalty for not noting changes.
502-63 Not recorded unless initialed.
502-71 Record of acknowledgments to be kept.
502-72 Disposition of records.
502-73 Same, open to inspection.
502-74 Penalty for not keeping.
502-81 Instruments may be recorded; as evidence.
502-82 Record or copy as evidence.
502-83 Effect of not recording deeds, leases, etc.
502-84 Powers of attorney, etc.
502-85 Agreements of sale; priority.
502-93 Retyping judgment registers.
502-94 Translation of Hawaiian documents, recording.
502-95 Validation of defective certificates.
502-101 Veterans certificates.
502-111 Family child care homes; permitted uses in residential areas.
502-112 Prohibition of transfer fees.
502-122 Electronic document and electronic signature; validity.
502-123 Recording of documents.
502-124 Uniformity of application and construction.
502-125 Relation to federal Electronic Signatures in Global and National Commerce Act.