Ownership And Conveyances Flashcards
COURSE OVERVIEW
CONCEPT OF HOME OWNERSHIP
METHODS OF PROPERTY OWNERSHIP
HOW PROPERTIES CAN BE CONVEYED AND REVIEWED
- Discuss history of land ownership
- Summarize hawaii laws relating to private ownership of land:
Elective Share Concept
Tenancy by Entirety; Adverse Possession; escheat;
and in case of homeowner
Homeowner default
Foreclosure
Forfeiture
How property ownership is recorded including records in Land Court and Regulat System
Recite ways in which property may be legally described
Hawaii Land Ownership
Ahupua’a
Ili
Koehler. Farmland
Great Mahele. 1848. The great divide abolished the feudal system of land tenure in Hawaii
Government rights Today
Mineral Rights. Mining leases issued by Dept of land and Natural Resources on a royalty basis
Water Rights the Commission of Water Resource Management ( the commission) attached to Dept. Of Land and Natural Resources, administers the Water Code of 1987. In general they are to protect and enhance the water resources of HI State.
Dept. Of Health administers Water Quality Plan.
Branches of The Commission: Surveying Planning Groundwater Regulation Stream Protection and Management Branches
Gov. Rights Today
State v. Federal Law
Even though the State has power to protect the environment through reasonable regulation, its Dept of Land and Resources must comply with federal law.
HAWAII’s Fishing Ponds
Are fed through percolation from water table.
Fishing ponds that are on private land, however, may be modified at will.
Legal Description TMK
Division # (1)-Zone#- Section#- Plat#(PPP)- Parcel# (ppp)- CPR# (CCCC
DIVISION NUMBER REFERS TO TAX DIVISION:
Oahu= division 1
Maui Cty= division2
Big Island= division3
Kauai Cty= division4
Cpr# is the condo unit number
A colon within a dash indicates multiple parcels
Researching parcels using TMK numbers:
No division number is shown
Zone and Section numbers are one digit
Plat and Parcel numbers will be 3 digits
The CP R number will be 4 digits
Subdivision Plats are recorded in PLAT BOOKS
Used frequently as part of a legal description.
A recorded plat is now called a file plan.
Metes and Bounds is more accurate method of describing boundaries of the property.
This measure describes the land by providing the measurement and direction or course or bearing of each boundary line.
Contains specific length and direction of eac side of the property measured from north to south points to east or west points.
Have a definite point of beginning and definite corners
Start and finish is at the same identifiable point
Monument is the point of beginning. If property is not bounded by point of beginning, the description will indicate the distance and direction from the point of beginning to a corner of the property called the” true point of beginning (TPOB)
This is the principal method of describing boundaries in legal descriptions in Hawaii.
ENCROACHMENTS is when the legal description describes and what is physically on the property differs. If the difference exists on a property line where a fence, gate, driveway or shed crosses the actual property line, it is called an encroachment.
Hawaii law specifies , whethe position or structure results in minor, or de minimus, discrepancy, it is not considered an encroachment and will be allowed to remain until it is removed or substantially damaged.
The discrepancy is de minimus, for improvements:
For commercial,industrial or multi-family property is 3 inches or less.
Other residential properties, is is 6 inches or less
Agricultural and rural properties, it is 9 inches or less.
Conservation properties is 18 inches or less.
GOVERNMENT SURVEY Aka. Survey method or section and township system
Used extensively on the mainland but not used in Hawaii.
It is used to divide land into squares and rectangles, called townships and sections.
The elective share concept replaced dower and curtesy for property acquired after July 1, 1977
A surviving spouse or reciprocal beneficiary, not satisfied with an inheritance can claim elective share, ranging from3-50% of the deceased estate.
The amount of the claim is based :
On the length of the relationship.
The maximum amount would be for a relationship of 15 years or more.
In Hawaii, to claim title by adverse possession or a prescriptive easement, a person must be able to show continuous adverse for a 20 yr. period.
When a person dies intestate and no heirs can be found, after 15 years the property will reverted the government through Escheat.
In Hawaii, there is no statutory right of redemption except for a one year right of redemption if a property is lost through a tax sale.
All maps surveys and documents are recorded at the Bureau of Conveyances in Honolulu.
Only fee simple ownership and encumbrances relating to such property may be registered in the Land Court.
Generally land Court will not accept leasehold land for registration.
Land registered under the Land Court is described by
It’s lot number, map number and a reference to transfer certificate of title (TCT) rather than metes and bounds.
Properties which are held as fee simple and/or leasehold are recorded at the Bureau of Conveyances through the Regular System.
Sunce1980 documents are numbered by the year, followed by a sequential number fr each document recorded.
