PROPERTY RIGHTS AND INTERESTS

Question 1

Rights in Properties (real or personal ) can arise by agreement or by law.

Answer 1

1) . Marital Rights
2) . Native Hawaiian Rights
3) . Water Rights
4) . Land Rights
5) . Non-Rights

Question 2

Marital Rights

Answer 2

1). Dower.
Dower is right of wife to take ⅓ of all real property owned by her husband.
Abolished in 7/1/1977 . Property owned prior to 1977 and married prior to 1977
Then wife may be entitled to dower

2). Curtesy common law that entitled husband to all wife’s property but abolished in
1977 but has no effect today

3). Right of Election. Allows the spouse or reciprocal beneficiary to elect against the will.
Spouse can choose to receive amount as per the spouse’s will or amount allowed under the elective share determined by HRS 560:2-202

Elective share depends on yrs married. If married 1-10 years spouse can claim 3% for every year. ( 3 years x 3%=. 9%)
If married 11-15 years = 4%

So, 14 years of marriage is
10 years / 3%/yr=. 30%
4%/yr= 16%
30% + 16%=46%
The most a surviving spouse can claim is 50% so 15 years or more

Question 3

Community Property

Answer 3

Property acquired during the marriage

Question 4

Native Hawaiian Rights

Answer 4

1). Hawaiian Homelands
1921 hawaiian Homes Commission Act
200,000 acres of land trust.
99 year homestead lease at annual lease of $1

2). Private Access Rights
1995 lawsuit, Public Access to Shoreline (PASH)

Question 5

Water Rights

Answer 5

HRS7-1
1). Riparian rights belong to riparian owner
Property abutting a stream, river or creek (flowing water)
2 ways to determine

Question 6

2 ways to determine Riparian Rights

Answer 6

A). Reasonable use:

B). Prior appropriation means the use of water remains the same as how its always been used

Question 7

Water Rights can also be

Answer 7

2). Littoral land bordering (non flowing water). Such as a lake, ocean or sea
Owners are littoral owners

Question 8

Land Rights are called

Answer 8

Accretion land is added to existing land slowly by action of ocean waves or streams .
Title to accreted property can be quieted if it has been in existence for20 years when the suit was filed.

Accreted property ( other than lava). Can belong to a riparian or littoral owner.

Question 9

Non-Right what are the 2 types

Answer 9

1) . New Lava Land: lava land is owned by Hawaii State

2) . Mineral Rights in Hawaii

Question 10

Property interest TERMS

Answer 10

Avulsion is the sudden and violent alteration of the shoreline as the product of volcanic and seismic activity.

Avulsion does not change the boundary line.