Recording Documents And Recording Systems In Hawaii Flashcards
All recorded documents are where in Hawaii?
The Bureau of Conveyances, a division of the Land and Natural Resources
(DLNR)
Hawaii Recording Law
Recording statute in Hawaii is a race-notice statute so
A subsequent Bona Fide purchaser is protected ONLY if she records before the prior grantee.
What is a Bona Fide Purchaser (BFP)
A person who purchases property for value, without any notice of any defects in title must
1). Record the transfer
2) . Pay valuable consideration ( property cannot be received via transfer by gift, devise or descent)
3) have no notice that grantor had previously transferred the same property ( can be actual notice, constructive notice, or inquiry notice).
What is Land Court
Land Court is a pure race.
Whoever first records prevails whether given notice or not.
Recording does not validate an invalid conveyance like a forged deed or undelivered deed.
What is not protected by recordation?
Does not protect vs dower, prescriptive or implied easements or adverse possessions.
Researching a recorded deed is done how?
Searching for the GRANTOR or GRANTEE index.
What are the 2 recording systems in Hawaii?
Regular System (abstract System: HRS502)
Land Court. (HRS 501)
Regular system contains what important info?
1). Recoded at Bureau of Conveyances
2). Recorded documents are followed by letter “A”
Then by doc. Number. A-432109
Recorded prior to 2011, identified by year and then sequential number
90-001234 or 2001-004567
Recorded prior to 2009 identified by page and number
3) . Regular System under Executive Branch
4) . Researching regular system requires researching entire chain of title
5) . On first page of conveyance document has stamp on upper right hand side is evidence that property recorded in regular system
6) . Legal description for Regular System is metes and bounds. Other acceptable legal descriptions are TMK; and lot,map and file plan
7) . TRANSFER of real property occurs when conveyance doc is delivered.
What about Land Court?
Originates from Australian Torrens System.
In 1903 land court system implemented.
It functions as a registration system.
A grantee receives a conveyance document and a Transfer Certificate of Title (TCT)
Which is a 7 digit #.
What is important information concerning Land Court?
1) . Title search back to last grantor.
2) . Conveyance docs are recorded and TCT is registered at Asst. Registrars office at Bureau of Conveyances
3) . Land Court is under the Judicial Branch.
4) . If grantor changes name, gets married, divorces or dies, then the TCT must be amended at Land Court office to be approved first prior to registering a new conveyance doc at the Asst Registrars office at the Bureau of Conveyances
5) . The complete land court property description includes: land court application #, map #, lot #, and the TCT #
6) . Land court does not use metes and bounds.
7) . State of Hawaii guarantees title but does not defend it.
8) . Land Court is not subject to adverse possession.
9) . Property transfers in Land Court upon REGISTRATION of the property, not delivery of the deed
10). Initial Land Court registration must go through a lengthy process of judicial review
Of the parcel survey, title abstract, and ownership determination.
11). Recent legislation allows fee simple owners to request de-registration of a property from land court system to the regular system.
Property Registration in Land Court is approx. what percentage per island?
99% of Lanai’i
45%. Oahu
35%. Molokai’i
10%. Hawaii
10%. Kauai’s
3% maui
Lien letter
Unique to Land Court
Supplements matters in the Certificate of Title
Usually issued by venders in agreement of sale or
Lessees of lease hold properties since title company may not issue a certificate of title.
What is a double system aka dual system?
Property recorded in both systems.
Usually when a land court property is consolidated for development with a regular system property.
Lis pendent
Pending lawsuit.
Title is unmarketable until lis pendent is removed
