REPORT TITLE:
Land Court Registration


DESCRIPTION:
Standardizes land court registration with Probate Code and bureau
of conveyance procedures.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1983
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE LAND COURT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 501-20, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read as follows:
 
 4      ""State" means the State of Hawaii."
 
 5      SECTION 2.  Section 501-21, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "501-21  Registration application; by whom made.
 
 8 Application for registration of title may be made by the
 
 9 following persons:
 
10      The persons who claim, singly or collectively, to own the
 
11 legal estate or easements or rights in land held and possessed in
 
12 fee simple, either as a whole or as owner or owners of an
 
13 undivided part;
 
14      The persons who claim, singly or collectively, to have the
 
15 power of appointing or disposing of the legal estate or easements
 
16 or rights in land held and possessed in fee simple, either as a
 
17 whole or as owners of an undivided part;
 
18      Infants and other persons under disability, by their legally
 
19 appointed guardians;
 

 
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 1      A corporation by its proper officer or by an agent duly
 
 2 authorized by the board of directors;
 
 3      An unincorporated nonprofit association by a person
 
 4 authorized in a statement of authority recorded in the office of
 
 5 the assistant registrar of the land court or with the registrar
 
 6 of conveyances in the bureau of conveyances;
 
 7      Any personal representative duly appointed by the proper
 
 8 probate court, and duly authorized so to do by an order of court.
 
 9 For the purpose of registering title, such representative shall
 
10 be a trustee of any title registered for the heirs of the estate,
 
11 and be subject to the decree of distribution of the court of
 
12 probate;
 
13      Any political subdivision of the State by its mayor, after
 
14 resolution duly passed by its council so directing; the State, by
 
15 the board of land and natural resources; or the government of the
 
16 United States by any proper officer thereof thereunto duly
 
17 authorized.
 
18      The basis for determining the fees payable in the
 
19 registration of the easements and rights above stated shall,
 
20 instead of the assessed valuation, be the value of the same as
 
21 found by the land court and instead of the fee for examination of
 
22 title chargeable under section 501-218, the fee shall be the
 
23 actual amount allowed by the court to the examiner therefor.
 

 
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 1      The provisions relative to the registration and conveyance
 
 2 of registered land shall apply to the registration and conveyance
 
 3 of easements and rights."
 
 4      SECTION 3.  Section 501-102, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "501-102  Filing liens, etc., notice.  Every conveyance,
 
 7 lien, attachment, order, decree, instrument, or entry affecting
 
 8 registered land, which would under existing laws, if recorded,
 
 9 filed, or entered in the bureau of conveyances, affect the real
 
10 estate to which it relates, shall, if registered, filed, or
 
11 recorded, or entered in the office of the assistant registrar in
 
12 the bureau of conveyances, be notice to all persons from the time
 
13 of such registering, filing, recording, or entering[.] and shall
 
14 contain a reference to the number of the certificate of title and
 
15 an indorsement of the current certificate of title, if
 
16 applicable, of the land to be affected.  This section shall not
 
17 be construed to relate to state or federal tax liens or child
 
18 support liens that are created pursuant to order or judgment
 
19 filed through judicial or administrative proceeding in this State
 
20 or in any other state, the recording of which shall be as
 
21 provided by chapters 231, 505, and 576D, respectively.  The
 
22 recordation of the child support order or judgment in the bureau
 
23 of conveyances shall be deemed, at such time, for all purposes
 

 
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 1 and without any further action, to place a lien on land
 
 2 registered in the land court under this chapter."
 
 3      SECTION 4.  Section 501-108, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "501-108  Conveyance of fee; procedure.  An owner desiring
 
 6 to convey in fee registered land or any portion thereof shall
 
 7 execute a deed of conveyance, which the grantor or the grantee
 
 8 may present to the assistant registrar in the bureau of
 
 9 conveyances; provided that the assistant registrar shall not
 
10 accept for registration any deed, mortgage, lease, or other
 
11 voluntary instrument, unless a reference to the number of the
 
12 certificate of title and an indorsement of the current
 
13 certificate of title, if applicable, of the land affected by such
 
14 instrument is incorporated in the body of the instrument tendered
 
15 for registration.
 
16      The assistant registrar shall note upon all instruments
 
17 filed or recorded concurrently with the recorded instrument the
 
18 document number and the certificate of title number in the spaces
 
19 provided therefor wherever required.
 
20      The assistant registrar shall thereupon, in accordance with
 
21 the rules and instructions of the court, make out in the
 
22 registration book a new certificate of title to the grantee.  The
 
23 assistant registrar shall note upon the original certificate the
 

 
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 1 date of transfer, and a reference by number to the last prior
 
 2 certificate.  The original certificate shall be stamped
 
 3 "canceled."  The deed of conveyance shall be filed or recorded
 
 4 and indorsed with the number and place of registration of the
 
 5 certificate of title of the land conveyed.
 
 6      On all instruments to be filed or recorded, the top three
 
 7 and one-half inches of space of the first page shall be reserved
 
 8 for recording information for the assistant registrar on the left
 
 9 half of that space, and for the registrar of conveyances on the
 
10 right half of that space.  The following one inch of space shall
 
11 be reserved for information showing to whom the document should
 
12 be returned.  In addition, the first page shall identify and
 
13 include, all names of the grantors and all names and addresses of
 
14 the grantees, the type of document, and the tax map key number.
 
15 Indorsements, if any, shall be made on a conforming fly sheet.
 
16 If an instrument consists of more than one page, [it] each page
 
17 shall be single-sided sheets of written text numbered
 
18 consecutively, beginning with number one, and shall be stapled
 
19 once in the upper left corner.  No instrument shall have a cover
 
20 or backer attached.  The assistant registrar shall be permitted
 
21 to remove any rivets affixed to any instrument.
 
22      All names of all natural persons signing in their individual
 
23 capacity in the instrument shall be typewritten, stamped, or
 

 
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 1 printed by some other mechanical or electrical printing method
 
 2 beneath all signatures.  No discrepancy in any name shall exist
 
 3 between the printed name, as it appears either in the body of the
 
 4 instrument, beneath the signature, or in the notary's certificate
 
 5 of acknowledgment.  The provisions of this paragraph shall not
 
 6 apply to any deed or conveyance instrument executed prior to
 
 7 July 1, 1989.
 
 8      The assistant registrar may refuse to file or record any
 
 9 instrument that will not reproduce legibly under photographic or
 
10 electrostatic methods, or that is of a size larger than eight and
 
11 one-half inches by fourteen inches, or that contains a schedule,
 
12 inventory sheet, or map in excess of that size."
 
13      SECTION 5.  Section 501-171, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  When the owner of registered land, or of any estate or
 
16 interest therein, dies, having devised the same by will, the
 
17 person or persons entitled thereto [may] shall file or record
 
18 with the assistant registrar of the land court a correct
 
19 statement of the full names of the devisees, the residence or
 
20 post office address of each and their marital status and a
 
21 reference to the number of the certificate of title of the land
 
22 affected, a certified copy of the [will, either a certified copy
 
23 of the order of the circuit court admitting it to probate or a
 

 
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 1 certified copy of the written statement of the registrar of the
 
 2 circuit court admitting it to informal probate,] letters
 
 3 appointing the personal representative showing the powers of the
 
 4 personal representative, and either a certified copy of an order
 
 5 of the circuit court determining the persons entitled to
 
 6 distribution of the registered land and directing or approving
 
 7 distribution[,] or a deed from the personal representative to the
 
 8 devisee or devisees, and thereupon the assistant registrar shall
 
 9 cancel the certificate issued to the testator, and enter a new
 
10 certificate [or certificates] to the devisee or devisees.  When
 
11 the owner of registered land or of any estate or interest therein
 
12 dies, not having devised the same, the persons entitled thereto
 
13 by law [may] shall file or record with the assistant registrar a
 
14 correct statement of the full names of the heirs, the residence
 
15 or post office address of each, and their marital status, a
 
16 certified copy of the [judgment of the circuit court in an action
 
17 determining the heirs, or] letters appointing the personal
 
18 representative showing the powers of the personal representative,
 
19 and either a certified copy of an order of the circuit court in
 
20 probate proceedings determining the persons entitled to
 
21 distribution of the registered land and directing or approving
 
22 distribution[,] or a deed from the personal representative to the
 
23 heir or heirs, and thereupon the assistant registrar shall cancel
 

 
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 1 the certificate issued to the intestate, and enter a new
 
 2 certificate [or certificates] to the heir or heirs entitled
 
 3 thereto."
 
 4      SECTION 6.  Section 501-173, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "501-173  Purchaser acquiring title through personal
 
 7 representative may have the same registered.  If any personal
 
 8 representative is authorized by the terms of any will to grant,
 
 9 bargain, sell, convey, mortgage, or otherwise deal with
 
10 registered land, the personal representative may do so in the
 
11 same manner as if the land were registered in the
 
12 representative's name as personal representative.  Before any
 
13 instrument executed by the personal representative, pursuant to
 
14 such authority, is filed or recorded with the assistant registrar
 
15 of the land court, there shall be first filed or recorded with
 
16 the assistant registrar [a certified copy of the will together
 
17 with a certified copy of the order of the circuit court admitting
 
18 the same to probate or a certified copy of the written statement
 
19 of the registrar of the circuit court admitting it to informal
 
20 probate, and] a certified copy of the letters[, on which shall be
 
21 listed all orders of the circuit court relating to the personal
 
22 representative's authority to grant, bargain, sell, convey,
 
23 mortgage, lease, or otherwise deal with real property,]
 

 
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 1 appointing the personal representative showing the powers of the
 
 2 personal representative, or a certified copy of an order granting
 
 3 the ex-parte petition for authority or a certificate of
 
 4 authority, and either a certified copy of [each such order.] the
 
 5 order of the circuit court confirming the sale of the affected
 
 6 land or a certified copy of an affidavit filed in the circuit
 
 7 court of the personal representative or the attorney for the
 
 8 estate of the decedent made at the time of the deed, mortgage,
 
 9 lease, or other conveyance, attesting that the decedent's will
 
10 does not require confirmation of the transaction and that no
 
11 devisee or heir has demanded the confirmation.  Any person who
 
12 acquired title or any interest in registered land through or by
 
13 virtue of the execution of the power vested in the personal
 
14 representative may have the title or interest registered."
 
15      SECTION 7.  This Act shall not affect rights and duties that
 
16 matured, penalties that were incurred, and proceedings that were
 
17 begun, prior to its effective date.
 
18      SECTION 8.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 9.  This Act shall take effect upon its approval.
 
21 
 
22                           INTRODUCED BY:_________________________