rules of the land court - hawaii state judiciary · table of contents rules of the land court part...

RULES OFTHE LAND COURT

(SCRU-11-0001089)

Adopted and Promulgated bythe Supreme Court

of the State of Hawai#i

December 15, 1989With Amendments as Noted

The JudiciaryState of Hawai#i

RULES OF THE LAND COURT

Table of Contents

PART I. REGISTRATION IN THE LAND COURT PROPER

Rule 1. OFFICE HOURS; FILING ORIGINAL PAPERSRule 2. NUMBERING OF APPLICATIONS; ABBREVIATION OF LAND

COURT APPLICATIONRule 3. FORM AND STYLE OF ORIGINAL PAPERSRule 4. DEPOSITSRule 5. WITHDRAWAL OF PAPERSRule 6. REQUIREMENTS AS TO ORIGINAL APPLICATIONSRule 7. NOTICE OF FILING APPLICATIONRule 8. REQUIREMENTS AS TO ABSTRACTS OF TITLERule 9. SURVEYS, DESCRIPTIONS AND MAPSRule 10. EXAMINERS OF TITLERule 11. PROOF OF PUBLICATIONRule 12. NOTICESRule 13. PETITIONS AND ORDERS OF AMENDMENTRule 14. NOTATION OF ENCUMBRANCESRule 15. SUBDIVISIONSRule 16. NOTICE TO ATTORNEYSRule 17. DEPOSITIONS AND DISCOVERYRule 18. RESERVEDRule 19. DEPOSITIONS, HOW DISPOSED OFRule 20. HEARING BEFORE MASTERRule 21. PROCEDURE BEFORE MASTERRule 22. EXCEPTIONS TO MASTER'S REPORTRule 23. RESERVEDRule 24. RESERVEDRule 25. ANSWERS AND PLEADINGS SUBSEQUENT TO ORIGINAL

APPLICATION; MOTIONS TO SET; DISCLAIMERS;REQUIREMENTS AS TO LAND COURT ORDERS

Rule 26. REGISTRATION OF TITLE TO ACCRETION; CORRECTIONS TOREFLECT EROSION

Rule 27. LAND COURT CONSOLIDATIONSRule 28. to 50. RESERVED

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Table of Contents RULES OF THE LAND COURT

PART II. RECORDATION OF INSTRUMENTS AND ENTRY OF CERTIFICATES OF TITLE

Rule 51. PURPOSE AND APPLICABILITYRule 52. DEFINITIONSRule 53. HOURS OF RECORDATIONRule 54. RECORD OF DISPOSITION OF APPLICATIONS FOR

REGISTRATIONRule 55. TRANSCRIPTION OF DECREE IN REGISTRY; CERTIFICATE OF

TITLERule 56. MATTERS NOT COVERED BY THESE RULESRule 57. RESERVEDRule 58. VOLUNTARY DEALING WITH LANDSRule 58.5 FLY SHEET; DEFINITION AND PURPOSERule 59. ENTRY OF NEW CERTIFICATE

(a) Conveyance of Fee(b) Portion of Registered Fee(c) Foreclosure by Action(d) Foreclosure Under Power of Sale(e) Subdivisions(f) New Trustee(g) Enforcement of Lien(h) Bankruptcy Proceedings(i) Descent and Devise, Testate(j) Descent and Devise, Intestate(k) Personal Representative's Deed(l) Eminent Domain(m) Reverter of Land(n) Discharge of Proceedings in Bankruptcy(o) Conveyance of Real Property Upon Merger or Consolidation of

Corporations(p) Partition

Rule 60. ENTRY BOOK; CERTIFIED COPIESRule 61. TRANSFER IN TRUST; PROCEDURE; POWERS TO BE NOTED ON

CERTIFICATERule 62. FILING LIENS, ETC.

(a) Attachment and Other Liens; Recording of(b) Mechanic's Lien(c) Notice of Bankruptcy(d) Recording Notice of Pendency of Action(e) Judgment Lien(f) Foreign Judgment(g) Liens Upon Interests of Heirs and Devisees

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RULES OF THE LAND COURT Table of Contents

Rule 63. DISCHARGE OR MODIFICATION OF LIENSRule 64. POWER OF ATTORNEY; RECORDATIONRule 65. ALTERATIONS UPON REGISTRATION BOOK PROHIBITED;

AMENDMENTS TO CERTIFICATESRule 66. CERTIFICATE OF CONVEYANCE REQUIREDRule 67. REQUIREMENTS AS TO CONVEYANCESRule 68. HORIZONTAL PROPERTY REGIMESRule 69. TIME SHARING PLANSRule 70. SCHEDULE OF FEESRule 71. to 100. RESERVED

PART III. SURVEYS

Rule 101. SURVEYS, DESCRIPTIONS AND MAPSRule 102. INSTRUCTIONS TO SURVEYORSRule 103. GOVERNMENT EMPLOYEES DISQUALIFIED TO PRESENT

SURVEYS FOR USE BY PRIVATE PARTIES IN THE LAND COURTRule 104. SUBDIVISION MAPSRule 105. REGISTRATION OF ACCRETION; CORRECTION TO REFLECT

EROSIONRule 106. LAND COURT CONSOLIDATIONSRule 107. REPEALED

APPENDIX OF FORMS

LD Form A. Land Court Information SheetLD Form B. Fly Sheet

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RULES OF THE LAND COURT Rule 6


PART I. REGISTRATION IN THE LANDCOURT PROPER

Rule 1. OFFICE HOURS; FILINGORIGINAL PAPERS.

The office of the land court shall be open from7:45 a.m. until 4:30 p.m. every day in the year,except on Saturdays, Sundays and holidaysestablished by law. Original papers presented forfiling shall be accepted from 8:00 a.m. until 4:00p.m. Rule 2. NUMBERING OF APPLICATIONS;

ABBREVIATION OF LAND COURTAPPLICATION.

The registrar shall, immediately upon the filingof an original application, assign to the same itsappropriate number. The numbers so assigned shallbe consecutive, and all papers and maps thereafterfiled in any application shall be numbered tocorrespond with the number assigned to theapplication in which the same is filed.

In numbering applications whole numbers onlyshall be used. Alphabetical characters opposite thenumbers of applications, such as Land CourtApplication 400-A and Land Court Application400-B shall not be used.

The official abbreviation for Land CourtApplication shall be Ld. Ct. App. Rule 3. FORM AND STYLE OF ORIGINAL

PAPERS.All original papers filed in the land court shall be

printed or typewritten on unruled white paper 11inches long by 8-1/2 inches wide. All papers filed,except forms printed and distributed by the court,shall include a flyleaf. The flyleaf shall contain thefollowing information:

(1) title of the court; (2) title of the cause in full;

(3) number of the cause; (4) character of the document; and (5) name or names of the attorney or attorneys

representing the party on whose behalf the same isfiled.

All original applications shall be entitled asfollows:

IN THE MATTER OF THE APPLICATION OF

________________________, to register title to real property.

All papers shall be free from interlineations and

erasures except as noted by the judge of the landcourt or the registrar, or as noted and initialed by theparty filing the paper.

Rule 4. DEPOSITS.Upon the filing of an original application, the

applicant shall deposit with the registrar the sum of$250.00 to be applied to the fees and expensespayable under the land registration act.

If any surplus remains after the requirements ofsaid act shall have been complied with, it shall bereturned to the applicant. If such deposit is notsufficient to meet such requirements, a furtherdeposit shall be made upon request of the registrar.

All petitions filed subsequent to originalregistration shall be accompanied by a depositsufficient to cover the fees and expenses of suchpetition. The registrar shall determine the amount ofsuch deposit.

Attorneys shall be liable for all fees and costsincurred by or on behalf of their clients. Rule 5. WITHDRAWAL OF PAPERS.

No abstract of title or map or document filed inthe land court may be withdrawn except with thewritten approval of the judge of the land court upona receipt form furnished by the registrar. Rule 6. REQUIREMENTS AS TO

ORIGINAL APPLICATIONS.The application shall be filed in quadruplicate. It

shall state on its face the number of blueprintsdesired and shall be accompanied by an abstract oftitle. In the absence of such notation, the registrarshall order one blueprint for the applicant. When anapplication is filed stating therein that the land issubject to an existing unrecorded mortgage or to anunrecorded lease for a term exceeding one year, theoriginal document shall be filed with the

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Rule 6 RULES OF THE LAND COURT

application together with one certified copy thereoffor delivery to the examiner.

Where it is the intent of the applicant to obtain aregistered title by proof of adverse possession, heshall aver the same in his application.

Where the application as filed mentions theoccupants of the land sought to be registered and theoccupants and owners of lands adjoining the landsought to be registered, and other parties in interestas required by law but does not mention theiraddresses or simply states them as "Honolulu,Hawai#i," the application shall be accompanied by anaffidavit stating what search was made to ascertainthe correct addresses of such parties.

The application shall set forth all interests orclaims affected thereby whether the applicant admitsor denies them. If further interests or claims come tothe attention of the judge or registrar, additionalnotices shall be issued, if deemed advisable.

Where an application is amended to includemore land than was included in the originalapplication, the applicant shall file an abstract of titlecovering the addition. Such abstract shall be referredto an examiner of title for check and report. Theapplicant may show the addition either by amendingthe map previously filed or by filing a supplementarymap. The map so amended or the map so filed shallbe referred to the state land surveyor for check andreport.

Amendments to the description in an applicationafter citation issues will be allowed without furthercitation only when it is proved to the satisfaction ofthe court that no new interests are involved. Rule 7. NOTICE OF FILING APPLICATION.

"Notice of Filing Application" shall be filed induplicate with the original application.

When the description in an application and mapis amended after the notice has been recorded in theoffice of the registrar of conveyances, the applicantshall file with the registrar of the land court, induplicate, an amended "Notice of FilingApplication," and the said amended notice shallcontain a reference to the liber and page of the recordof the original notice in the office of the registrar ofconveyances. The registrar, after checking thedescription in the amended notice with thedescription on the amended map and in the amendedapplication, shall send a copy of the same to the

office of the registrar of conveyances. Rule 8. REQUIREMENTS AS TO

ABSTRACTS OF TITLE.Portions or the whole of abstracts of title on file

in the land court may be incorporated by reference insubsequently filed abstracts, and in such case thereference shall set forth a clear identification of theprior abstract, the name of the abstractor, the periodcovered by the abstract, and the portion of theabstract incorporated if less than the whole.

Where a right-of-way or easement is claimed asappurtenant to a parcel of land sought to beregistered, an abstract of title to the servient estateshall be filed with the application unless waived bythe court upon cause shown.

Rule 9. SURVEYS, DESCRIPTIONS ANDMAPS.

Surveys, descriptions and maps filed in the landcourt shall be prepared in the manner provided inPart III of these rules.

Rule 10. EXAMINERS OF TITLE.An examiner of the land court shall file his report

in triplicate. He may appear and act as counsel forany applicant for the registration of any title notassigned to him for examination; but as to titlesassigned to him for examination, he shall not act ascounsel for any party interested or appearing therein.

Where an applicant files original muniments oftitles with his application which have been abstractedand contained in the applicant's filed abstract of title,they shall not be delivered to the examiner for checkbut shall remain with the record.

One month only shall be allowed for theexamination of an abstract unless further time shallbe allowed by the court on cause shown.

Rule 11. PROOF OF PUBLICATION.Where by law or by order of court, the

publication in a newspaper of any process, notice ororder, shall be required, evidence of such publicationshall be given by affidavit of the editor, publisher,manager, foreman, clerk or printer of suchnewspaper, not interested in the application forregistration to which such publication relates, towhich affidavit shall be attached a copy of suchprocess, notice or order, and which affidavit shall

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also specify the dates and times when and thenewspaper in which the publication was made. Andit will also be the duty of the publisher of suchprocess, notice or order, to duly file with the registrarsaid affidavit before the time fixed for hearing thematter to which the affidavit relates. Rule 12. NOTICES.

The citation shall be filed in duplicate. Theregistrar shall thereupon examine the application, theexaminer's report, the map and all papers filed withthe record to see that all persons interested in anyway in the title have been properly included in thecitation. After thus checking it, he shall file theoriginal with the record which shall be entitled"Original Citation" and the copy he shall send to thenewspaper designated to publish the same. A copy ofthe citation as printed shall be filed in the record andbe marked "Printed Citation." Any corrections madeby the registrar on the copy sent to the publisher shallalso be noted on the original filed with the record.The description of the property sought to beregistered contained in the citation shall be thecorrect description as found by the surveyor as givenin his final report.

All citations and other notices ordered to bepublished by the court shall be published once ineach of three consecutive weeks (three insertions).The date of the hearing shall be determined by theregistrar and inserted in the citation before sending itto the newspaper.

Notices by mail shall be by registered letter asprovided for by statute and a return receipt shall berequired in all cases; but in mailing such notices, theregistrar may require that the return receipt be signedby the addressee only.

Whenever, in any case, a notice given inaccordance with the land registration act or thegeneral forms of procedure or otherwise is held bythe court to be insufficient, it may order such furthernotice as the case requires. Rule 13. PETITIONS AND ORDERS OF

AMENDMENT.Petitions to amend maps and orders thereon, and

petitions to amend applications where acorresponding change on the map is necessary andorders thereon shall be filed in duplicate.

Rule 14. NOTATION OF ENCUMBRANCES.All encumbrances shall be set forth in detail in

the final decree and not by reference to otherdocuments.

Encumbrances may be noted on transfercertificates of title by reference, only when thedocument referred to is on file in the office of theassistant registrar of the land court. Rule 15. SUBDIVISIONS.

(1) A petition for the subdivision of land or forthe consolidation of lots of a previous subdivision orfor the designation of an easement or matters of alike nature shall be filed in duplicate and shall besigned and sworn to by the person in whose name thecertificate of title has issued or by his attorney or byan agent duly authorized by him. In the latter case,the power of attorney of the agent must be filed withthe petition. A map shall be filed with each petition.Leases, mortgages and similar encumbrances neednot be noted or referred to if all lots in thesubdivision are affected. When any of theencumbrances affects one or more but not all of thelots created by such subdivision and it is desired toconfine such encumbrance or encumbrances to thelot or lots affected, the petition shall clearly set forththe lot or lots affected.

(2) Where land is held in undivided interests byco-owners, no single co-owner shall subdivide theland, except with the written consent of the otherowners.

(3) The words "subdivision" and "re-subdivision"shall not be used interchangeably, one for the other,but shall be employed only in their strict grammaticalsense. Two or more contiguous lots or parcels of landin the same application may be consolidated andre-subdivided into lots having other dimensions andareas, in the same petition; provided that the totalarea of the first set of lots and the total area of thenewly created lots shall be the same.

(4) A petition for subdivision, or the mapaccompanying it, shall evidence any necessaryapproval by county agencies. (See Rule 104 of theserules.)

(5) A copy of the petition, the map, and thecertificate of title shall by order of court betransmitted to the state land surveyor for check andreport. Upon receipt of the return and report of thestate land surveyor and completion by the petitioner



of the additional things to be done, if any, an "Orderof Subdivision" shall issue under the seal of thecourt, which order shall reflect all changes caused bythe subdivision, in encumbrances, reservations,restrictions or otherwise. The map of the subdivisionshall also be endorsed as follows: "Authorized andapproved by order of the Judge of the Land Courtdated ______________. By Order of the Court" andbe signed by the registrar of the land court.

(6) After approval by the judge of the land court,a subdivision map may not be altered either byadding other matters thereto or deleting therefromany writings recorded thereon. Any change relatingto land delineated on a map previously approved mayonly be registered by the filing of a new petition andmap.

(7) Exceptions to the foregoing Rule 15 [sic]may be made at any time by order of the court upongood cause being shown therefor.

Rule 16. NOTICE TO ATTORNEYS.If a party shall change his attorney, pending any

proceeding, the name of the new attorney shall besubstituted on the docket for that of the formerattorney, and notice thereof given to any adverseparty; and until such notice of the change of anattorney, all notices given to or by the attorney firstappointed shall be considered in all respects as noticeto or from his client, except in cases in which by lawthe notice is required to be given to the partypersonally; provided, however, that nothing in theserules shall be construed to prevent any partyinterested from appearing for himself in the mannerprovided by law; and in such cases the party soappearing shall be subject to the same rules that areor may be provided for attorneys in like cases, so faras the same are applicable. Rule 17. DEPOSITIONS AND DISCOVERY.

As provided in Rule 81(g) of the Hawai#i Rulesof Civil Procedure, depositions and discovery in landcourt shall be governed by Chapter V of the Hawai#iRules of Civil Procedure, except that in anyproceeding: (1) the land court may by order directthat said Chapter V shall not be applicable to theproceeding if the court for good cause finds that theapplication thereof would not be feasible or wouldwork an injustice; and (2) if the proceeding be exparte any deposition therein upon oral examination

or upon written interrogatories shall be pursuant tomotion and order of court, rather than pursuant tonotice as set forth in subdivision (a) of Rule 30 orsubdivision (a) of Rule 31 of the Hawai#i Rules ofCivil Procedure, and in any such case the order ofcourt shall, for all purposes relating to said ChapterV, take the place of said notice. Rule 18. RESERVED.

Rule 19. D E P O S I T I O N S , H O WDISPOSED OF.

All depositions shall be opened and filed by theregistrar when received. The deposition shallafterwards be in his custody, subject to the order ofthe court, as other documents in the case; and if notread at the trial by the party taking it, it may be usedby any other party, if he sees fit, to the same extentthat it could be used by him if he had taken it, hepaying the cost of taking the same. Rule 20. HEARING BEFORE MASTER.

When any matter shall be referred to a master,the master shall assign a time and place for hearingwhich shall not be less than ten days thereafter; andthe party in whose behalf the reference is made shallserve the adverse party, at least seven days before thetime appointed for the hearing, with a summons, orsuch other notice as may be ordered by the court,requiring his attendance at such time and place, andmake proof thereof to the master; and thereupon, ifthe party summoned shall not appear to show causeto the contrary, the master may proceed ex parte; andif the party obtaining the reference shall not appearat the time or place or show cause why he does not,the master may proceed ex parte.



Rule 21. PROCEDURE BEFORE MASTER.When the master has prepared a draft copy of his

report, he shall notify the parties or their attorneys ofthe time and place, when and where they may attendto hear the same, and suggest such alterations, if any,as they may think proper; upon considerationwhereof, the master will finally settle the draft of hisreport, and give notice thereof to the parties or theirattorneys, whereupon, after examining the same, orbeing furnished with a copy thereof, if they sorequest, and pay the usual fees therefor, five daysshall be allowed for bringing in written objectionsthereto, which objections, if any, shall be appendedto the report. No exception to a master's report willbe allowed without a special order of the court unlessfounded upon an objection made before the master,and shown by his report, and unless filed with theregistrar within fourteen days from the filing of thereport. Notice of the filing of a master's report shallbe forthwith sent by the registrar to each party or hisattorney. Rule 22. EXCEPTIONS TO MASTER'S

REPORT.When exceptions shall be taken to the report of

a master, they shall be filed with the registrar, andnotice thereof shall forthwith be given to the adverseparty; and the exceptions shall then be set down forargument. In every case the exceptions shall brieflyand clearly specify the matter excepted to, and thecause thereof, and the exceptions shall not be valid asto any matter not so specified. Rule 23. RESERVED.

Rule 24. RESERVED.

Rule 25. ANSWERS AND PLEADINGSSUBSEQUENT TO ORIGINALAPPLICATION; MOTIONS TOS E T ; D I S C L A I M E R S ;REQUIREMENTS AS TO LANDCOURT ORDERS.

Answers and pleadings subsequent to originalapplication, and motions to set, shall not be acceptedby the registrar unless notation of service onopposing counsel or parties shall be indorsed on saiddocument either by signature or by certificate ofcounsel that proper delivery has been made.

Motions to set and other like matters will beheard only upon forty-eight hours written notice tothe adverse party.

All disclaimers filed in proceedings for originalregistration shall be sworn to and the identity of thedisclaiming party established by the signature ofcounsel or acknowledged before a notary public.

All orders to be entered in the land court shall bepresented to the registrar for approval as to formbefore being presented to the judge. Rule 26. REGISTRATION OF TITLE TO

ACCRETION; CORRECTIONS TOREFLECT EROSION.

Any owner of a lot or tract of land registered inthe land court bounded by the sea may personally orby someone duly authorized in his behalf seek toregister title to the natural accretion thereto and/ormay seek to have the oceanfront boundary correctedto reflect erosion by filing a petition thereforsubstantially in the following form:



In the Matter of the Application) ) A PPLICATION of ) NO. _______ ) (Name of Taxpayer) ) _________________________ )(Use title of original application)

IN THE LAND COURT OFTHE STATE OF HAWAI#I

PETITION FOR REGISTRATION OF TITLE TO ACCRETION [AND/ORCORRECTION OF BOUNDARY TO

REFLECT EROSION] TO THEPRESIDING JUDGE OF THE

LAND COURT OF THE STATE OF HAWAI#I:

COMES NOW __________________

and respectfully shows: That he is the owner of Lot ______ of

the above Application covered by TransferCertificate of Title No. ________, and thatsince the title to said lot was originallyregistered there has been a gradual andnatural accretion to said lot [and/or there hasbeen natural erosion to the lot] so that theboundary along high-water mark as of______________ is as shown on the mapprepared by ______________, and filedherewith.

That no other person has any interest inthe said accretion, and that the followingnamed are all the adjoining owners, thelocation of whose lands in reference to thesaid accretion [and/or erosion] is as shownby map attached hereto:

(Names and addresses)

WHEREFORE, it is prayed that saidmap be referred to the state land surveyor forcheck and report, that notice of this petitionbe served on the Attorney General and alladjoining owners and any others the Courtmap deem necessary and proper to be

served, and that upon approval of the map bythe said surveyor and due proof of matterscontained herein, the Court adjudge thepetitioner to be the owner of said accretion[and/or decree correction of the oceanfrontboundary to reflect erosion], approve saidmap and order the Assistant Registrar of theLand Court to endorse on said Certificate amemorandum of the Decree so adjudgingand approving said map.

DATE: (etc.) (OATH) (Signature)

Said petition shall be signed and sworn to by the

petitioner or by someone duly authorized in hisbehalf and shall be accompanied by a deposit of$15.00.

The petition shall be accompanied by a map. Sufficient copies of the petition and map shall be

filed to serve copies thereof on the state landsurveyor, the attorney general and all of the adjoiningowners and any other party which the petition mayshow to be interested.

Upon filing of the petition, the registrar shallforward a certified copy thereof and the map to thestate land surveyor, who shall check the accretionand/or erosion on the ground. He shall, in addition tomaking the usual return on the accuracy of the map,report to the court whether, in his opinion, theaccretion and/or erosion is or is not natural accretionand/or erosion. He shall transmit to the attorneygeneral a copy of his return to the court.

After the return of the surveyor has been filedwith the court, the registrar shall serve certifiedcopies of the petition and map upon the attorneygeneral, the adjoining owners and such other partiesas the court may deem to be interested.

Such service shall be by registered mail withreturn receipt requested or by personal service if thecourt so directs. The return date shall be not less thanone week in case of personal service and not lessthan two weeks in case of service by mail.

In lieu of service personally or by mail, thepetitioner may secure and file written disclaimersfrom the attorney general and the adjoining ownersor they may join in the petition waiving notice.



Where notices have been served and a return dateset and no answers have been filed or appearancesnoted before or on said return date, the court mayenter a general default and immediately file itsdecision if the surveyor has filed a returnrecommending the registration of said accretionand/or correction of oceanfront boundary.

Where appearances have been noted, the courtwill grant persons so appearing a reasonable timewithin which to file an answer. When answers havebeen filed, the court shall set the case for speedydisposition.

Where the court grants such petition on therecord, its decision and decree shall be insubstantially the following form:

FINDINGS OF FACT AND DECISION

The records show that the petition of______________ for registration of title toaccretion to Lot ______ and/or correction ofboundary to reflect erosion of Lot ______,as shown on Map ______ of the aboveapplication, being the lot, or one of the lots,described in Certificate of Title ______issued to the petitioner, was filed on____________, 20____, and it, together withthe map showing such accretion and/orerosion filed with said petition, was referredto the State Land Surveyor, who hasapproved said map and found said accretionand/or erosion to be natural; that due noticeswere served on the Attorney General, theadjoining owners and all other interestedparties as required by law and the rules ofthis Court and that no answers have beenfiled or appearances noted; therefore theCourt finds:

(1) That the high-water mark which isthe seaward boundary of said lot as of____________, 20____ the date of the mapfiled with said petition, is as shown on saidmap, and that said lot together with saidaccretion or reflecting said erosion has beendesignated as said new Lot ______;

(2) That the change in location of theseaward boundary has been due entirely tonatural accretion or erosion of said originallot on the seaward side;

(3) That the petitioner is the owner ofsaid new Lot ______.

A decree shall be entered in conformityherewith and the Assistant Registrar of thisCourt is authorized and directed to endorseon said certificate of title a reference to saiddecree.

DATED: Honolulu, Hawai # i ,____________, 20____.

____________________________ Judge of the Land Court of the State of Hawai#i

DECREE

In conformity with the Decision enteredherein on ____________, 20____, IT ISHEREBY ORDERED, ADJUDGED ANDDECREED that:

(1) The map of new Lot ______ of theabove application be and the same is herebyapproved;

(2) The high-water mark, being theseaward boundary of said new Lot ______,as of ____________, 20____, is as shown onsaid map;

(3) __________________, the petitionerherein, is the owner of said new lot as shownon said map;

(4) The Assistant Registrar of the LandCourt is hereby authorized and directed toendorse on said certificate of title a referenceto this decree and to said map.

DATED: Honolulu, Hawai # i ,____________, 20____.

____________________________ Registrar of the Land Court

The decree shall be filed in triplicate with theregistrar who shall immediately transmit a certifiedcopy thereof and the map filed with the petition tothe state land surveyor who shall thereupon place onthe map the following certificate:



I hereby certify that Decreere-establishing high-water mark as of______________, 20____, of new Lot ____of the herein application has been noted onOwner's Transfer Certificate of Title No.____________. Honolulu, Hawai#i, ______________, 20____.

____________________________ Registrar of the Land Court

Upon procuring the signature of the registrarthereto, the surveyor shall forward the map with hisreturn to the court, together with as many prints asmay be required. The registrar shall thereupontransmit a certified copy of the decree, the transfercertificate of title, the map and one print thereof tothe assistant registrar of the land court forcompliance with said decree.

Rule 27. LAND COURT CONSOLIDATIONS.An owner of two or more contiguous or adjacent

lots, as defined in HRS § 501-85, covered by two ormore separate land court applications, may combinethem by filing a petition therefor, which shall becalled a Land Court Consolidation, and be numberedconsecutively in the same manner as original landcourt applications in accordance with Rule 2 of theserules. Such petition shall be accompanied by a mapprepared in accordance with Rule 106 of Part III ofthese rules. On approval a new certificate of titleshall be issued covering the area consolidated. Rule 28. to 50. RESERVED.

PART II. RECORDATION OFINSTRUMENTS AND ENTRY OF

CERTIFICATES OF TITLE

Rule 51. PURPOSE AND APPLICABILITY.The purpose of this Part is to regulate the

recordation of instruments required to be registeredin the office of the assistant registrar and the entry ofcertificates of title by the assistant registrar.

This Part shall apply to all persons recordinginstruments in the office of the assistant registrar.

Rule 52. DEFINITIONS.As used in this Part unless context requires

otherwise: "Assistant Registrar" means the registrar in the

bureau of conveyances, department of land andnatural resources, and the registrar's deputy and suchother assistants as may be sworn before the judge.

"Certificate" means a certificate of title showingthe owner's name, a description of the land and asummary of encumbrances affecting the land, if any.

"File," "filed" or "filing" means to accept,maintain and preserve any instrument required to befiled.

"HRS" means Hawai#i Revised Statutes. "Instrument" means a document or map required

to be registered, recorded or filed. "Judge" means the administrative judge of the

circuit court of the first circuit, civil division, or ajudge of the circuit court of the first circuit assignedby the administrative judge to hear land court matterspursuant to HRS § 501-2.

"Land" means land, title to which is registered inthe land court.

"Record," "recorded," "recordation," or"recording" means to make an entire literal copy ofany instrument presented for registration. Rule 53. HOURS OF RECORDATION.

The office of the assistant registrar shall be openfrom 7:45 a.m. until 4:30 p.m. every day of the year,except on Saturdays, Sundays and holidaysestablished by law, but instruments shall only berecorded between 8:00 a.m. and 3:29 p.m. Everyinstrument presented for recordation shall beexamined for recordation by the assistant registrar inthe order it is presented for that purpose and if theinstrument is entitled by law to be recorded, shall berecorded:

(1) At 8:01 a.m. if the instrument was presentedto the assistant registrar before 8:01 a.m.;

(2) As of the time it is accepted by the assistantregistrar;

(3) At 8:01 a.m. the next day the assistantregistrar's office is open if the person requestingrecordation so requests;

(4) At 8:01 a.m. the next day the assistantregistrar's office is open if the instrument waspresented after 3:29 p.m.; or



(5) On the date and at a time between 8:01 a.m.and 3:29 p.m. pursuant to the terms contained in anywritten agreement with the assistant registrar relatingto prechecking and recordation of instruments. Rule 54. RECORD OF DISPOSITION OF

A P P L I C A T I O N S F O RREGISTRATION.

As soon as an application for registration of titleis disposed of, the registrar shall make amemorandum stating the disposition of the case andshall send the same to the assistant registrar, whoshall record and index it with the records of deeds inthe bureau of conveyances, and in the index ofapplications. If the proceedings upon the applicationend in a decree of registration of title, the landincluded therein shall become registered land.Thereafter instruments relating to such land shall berecorded and indexed with the records anddocuments relating to registered land, and shall notbe recorded with the records of deeds relating tounregistered land except to the extent that suchinstruments also involve unregistered land. Rule 55. TRANSCRIPTION OF DECREE IN

REGISTRY; CERTIFICATE OFTITLE.

Immediately upon the entry of the decree ofregistration, the registrar shall send a certified copythereof, under the seal of the court, to the assistantregistrar in the bureau of conveyances, who shalltranscribe the decree in a book to be called theregistration book, in which a leaf or leaves inconsecutive order shall be devoted exclusively toeach title. The entry made by the assistant registrar inthis book in each case shall be the original certificateand shall be signed by the registrar and sealed withthe seal of the court. All certificates shall benumbered consecutively, beginning with number one. Rule 56. MATTERS NOT COVERED BY

THESE RULES.HRS chapter 501 and other applicable chapters

shall govern matters relating to recordation andregistration not covered by these rules. Rule 57. RESERVED.

Rule 58. VOLUNTARY DEALING WITHLANDS.

The assistant registrar shall not record any deed,mortgage or other voluntary instrument unless:

(1) It contains or has indorsed upon it the fullname or names of the grantees or other personacquiring or claiming an interest under theinstrument, their marital status and if married, thefull names of their spouses, and the address of thegrantee or other person acquiring or claiming aninterest under the instrument;

(2) The assistant registrar has verified theexistence and good standing of any grantee, assignee,lessee or mortgagee which is a corporation,partnership, limited liability company, or other legalentity incorporated or organized in the state; or thereis presented as to any grantee, assignee, lessee ormortgagee which is a foreign corporation, partnership, limited liability company or other legalentity: (a) evidence that such foreign entity isregistered to do business and in good standing in thestate; or (b) evidence (which may be in the form ofan opinion of counsel) that such foreign entity is ingood standing in its state or country of incorporationor organization;

(3) It contains a reference to the proper numberof the certificate affected or in the case of documentsfiled concurrently with the deed or other instrumentconveying a fee simple interest, a space is providedfor the assistant registrar to enter the proper numberof the new certificate of title;

(4) Except as otherwise provided by HRS §§502-50 to 502-52, there is indorsed, subjoined orattached thereto a certificate of acknowledgment inthe form provided or authorized in any of HRS §§502-41, 502-42, 502-43, 502-45 or 502-47;

(5) Every notary public to the instrument placesthe notary's initials in the margin of the instrumentopposite each interlineation, erasure, or changecontained in the instrument, if any; and

(6) The instrument can be reproduced legiblyunder photographic or electrostatic methods, is of asize not larger than 8-1/2 inches by 11 inches, anddoes not contain any exhibit having sheets in excessof such size.



In addition: (7) On all instruments to be recorded, the top

3-1/2 inches of space of the first page shall bereserved for recording information for the assistantregistrar on the left half of that space, and for theregistrar of conveyances on the right half of thatspace. The following one inch of space shall bereserved for information showing to whom thedocuments should be returned. (See Rule 67 for theform of the first page of a document.) Eachinstrument shall be stapled once in the upperleft-hand corner and shall not have a cover or backerattached. Nonconforming documents may have a flysheet that conforms with Rule 58.5 of these Rules. Any document entered in the office of the assistantregistrar shall contain a reference to the number(s) ofthe certificate of title of the land affected, which maybe accomplished by indorsement on a conforming flysheet, as provided by Hawai#i Revised Statutes § 501-108(b); and

(8) All names of signatories in the instrumentmust be typewritten, stamped or printed beneath allsignatures. No discrepancy in the name shall existbetween the printed name as it appears in the body ofthe instrument and in the notary's certificate ofacknowledgment. The provisions of this paragraphshall not apply to any deed or conveyance instrumentexecuted prior to January 1, 1990.

(Amended October 6, 1998, effective November6, 1998; further amended December 21, 2016,effective January 1, 2017.)

Rule 58.5. FLY SHEET; DEFINITION ANDPURPOSE.

A fly sheet is a single sheet of paper affixedonto the first page of a voluntary instrument coveredby Rule 58 of these Rules or an involuntaryinstrument covered by Rule 62(a) to 62(d) of theseRules to be recorded in the bureau of conveyances oroffice of the assistant registrar of the land court. Thefly sheet is counted as a page in the page count of theinstrument, but except for the information required orpermitted to be shown on the fly sheet by statute orrule the fly sheet shall not be considered a part of theinstrument itself and the instrument shall control inthe event of any inconsistency. Except as specificallypermitted by this Rule, a fly sheet may not be used tochange, correct or add to any information that is not

otherwise contained in the instrument beingpresented for recordation.

Any indorsement permitted by statute or by theserules shall be stated only on a fly sheet inconformance with this Rule.

(a) Form. A fly sheet shall be 8 ½ inches by 11inches in size with printing on only one side. The flysheet shall conform to the format and informationrequirements of Hawai#i Revised Statutes §§ 501-108, 502-31; Haw. Admin. Rule 13-16-4; and Rules3 and 58(7) of the Rules of the Land Court:

(1) the top 3 ½ inches of space shall be reservedfor recording information for the assistant registraron the left half of that space and for the registrar ofconveyances on the right half of that space; and

(2) the following 1 inch of space shall bereserved for information indicating to whom theinstrument should be returned. A suggested, but notrequired, form of a fly sheet is appended to theAppendix of Forms of these Rules as Form LD FormB.

(b) Other Information Permitted to be Shownon a Fly Sheet.

Provided that the instrument itself shall controlin the event of any inconsistency, the followinginformation is permitted to be shown on a fly sheet:

(1) the name, address, and telephone number ofthe person to whom the instrument should bereturned; this information shall be included withinthe 1 inch space described above;

(2) the total number of pages of the instrumentincluding the fly sheet;

(3) if an instrument contains an abbreviation orabbreviations of an initial or initials in place of thefirst or middle names(s) of an individual who is aparty to the instrument, the full legal name of theindividual may be stated on the fly sheet by spellingout the name designated by the abbreviation orinitial. No name may be added by indorsement onthe fly sheet if there is no abbreviation or initialdesignated in the instrument, and no name may beadded or changed by indorsement on the fly sheet ifthe abbreviation or initial contained in the instrumentis incomplete or incorrect;

(4) the fly sheet shall not be used to clarify oradd any portion of a name of a corporation,partnership, limited liability company, or other legalentity which is a party to the instrument;



(5) if no marital status is contained in theinstrument for any party to the instrument, the party’smarital status may be specified for that party. Amarital status that is contained in the instrument maynot be changed by indorsement on the fly sheet;

(6) if the instrument does not contain the state orjurisdiction of incorporation or organization of acorporation, partnership, limited liability company, orother legal entity which is a party to the instrument,it may be added by indorsement on the fly sheet ifauthoritative verification of the information issubmitted to the Assistant Registrar by way ofevidence of good standing which meets therequirements of Rule 58(2) of these Rules;

(7) if the certificate number contained in theinstrument is not current, then the current certificateof title number shall be stated by indorsement on thefly sheet; and

(8) the current address of a grantee, assignee, ortransferee.

(Adopted December 21, 2016, effective January1, 2017.)

Rule 59. ENTRY OF NEW CERTIFICATE.The assistant registrar shall enter a new

certificate upon any transfer of an estate in fee simplefrom the owner or some one of the registered owners.All interests in registered land less than an estate infee simple shall be registered by recording with theassistant registrar the instrument creating ortransferring or claiming such interest, and by a briefmemorandum thereof made by the assistant registrarupon the certificate. When land is transferred in fee,the grantor or grantee may record the instrument oftransfer with the assistant registrar. The assistantregistrar shall thereupon, in accordance with the rulesand instructions of the court, enter a new certificatein the name of the grantee. Any outstanding duplicatecertificate shall be surrendered, and the word"canceled" stamped upon it. The instrument ofconveyance shall be indorsed with the number of thecertificate of the land conveyed, provided that theassistant registrar may limit the number of lotscovered by any one certificate. A new certificateshall be entered in the following cases:

(a) Conveyance of Fee. When an owner desiringto convey in fee registered land or any portionthereof executes a deed of conveyance, made incompliance with this Part, which the owner or the

grantee records with the assistant registrar; (b) Portion of Registered Fee. When a deed in

fee is for part only of the land described in acertificate, the assistant registrar may enter a newcertificate to the grantor for the part of the land notincluded in the deed, or enter on the grantor'scertificate a memorandum of the deed of transfer;

(c) Foreclosure by Action. When a certifiedcopy of the final judgment of the circuit courtconfirming the sale which contains the propernumber of the certificate affected and also containsor has endorsed upon it a full memorandum of allencumbrances affecting the land, if any, or astatement that there are no outstanding encumbrancesaffecting the land, is recorded with the assistantregistrar, pursuant to HRS § 667-1;

(d) Foreclosure Under Power of Sale. Whenthe affidavit required by HRS § 667-5 is recordedwith the assistant registrar, and the purchaserpresents the deed which contains the proper numberof the certificate of the land affected and alsocontains or has endorsed upon it a full memorandumof all encumbrances affecting the land, if any, or astatement that there are no outstanding encumbrancesaffecting the land, under the power of sale to theassistant registrar for recordation;

(e) Subdivisions. When land is subdivided orwhen two or more parcels of land are combined, orcombined and resubdivided, a new certificate will beentered when the assistant registrar (at the request ofthe owner) determines that such would be clearer,but not otherwise;

(f) New Trustee. When a new trustee isappointed by any court or otherwise, provided thatthe assistant registrar may, instead of entering a newcertificate to a new trustee, make a memorandum ofsuch appointment on the certificate issued in thename of the old trustee;

(g) Enforcement of Lien. When land has beensold on any execution, or taken or sold for theenforcement of any lien of any description, theperson claiming under an execution or under anydeed or other instrument made in the course ofproceedings to levy the execution or enforce the lien,petitions the court for the entry of a new certificateand the application is granted;

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(h) Bankruptcy Proceedings. When a trustee inbankruptcy records a certified copy of either thepetition in bankruptcy (the schedules may beomitted), or the decree of adjudication of bankruptcy,or the order approving the trustee's bond, whichcontains the proper number of the certificate affectedand also contains or has endorsed upon it a fullmemorandum of all encumbrances affecting the land,if any, or a statement that there are no outstandingencumbrances affecting the land. The new certificateshall state that it is issued to the trustee inbankruptcy;

(i) Descent and Devise, Testate. When theowner of registered land dies having devised thesame by will and the person or persons entitledthereto records with the assistant registrar a correctstatement containing the full names of the devisees,their addresses, their marital status, and if married thefull names of their spouses and a reference to thenumber of the certificate affected, and records acertified copy of the will, a certified copy of an orderof the circuit court admitting it to probate or acertified copy of the written statement of the registrarof the circuit court admitting it to informal probate,and a certified copy of an order of the circuit courtdetermining the persons entitled to distribution of theland;

(j) Descent and Devise, Intestate. When theowner of registered land dies not having devised thesame by will, the person or persons entitled theretorecords with the assistant registrar a correct statementsigned by their attorney of record and containing thefull names of the heirs, their addresses, their maritalstatus, and if married the full names of their spousesand a reference to the number of the certificateaffected, and records a certified copy of the judgmentof the circuit court determining the heirs or acertified copy of an order of the circuit courtdetermining the persons entitled to distribution of theland;

(k) Personal Representative's Deed.(1) Upon recordation of a conveyance document

executed by a personal representative to heirs anddevisees who are entitled to the estate in accordancewith the terms of the probated will or the laws ofintestate succession;

(2) Upon recordation of a conveyance documentexecuted by a personal representative if the personalrepresentative is authorized by the terms of any will

to grant, bargain, sell, convey, mortgage, orotherwise deal with the land. Before any instrumentexecuted by the personal representative, pursuant tosuch authority, is recorded with the assistantregistrar, there shall be first recorded a certified copyof the order of the circuit court admitting the same toprobate or a certified copy of the written statement ofthe registrar of the circuit court admitting it toinformal probate, and a certified copy of the letters,on which shall be listed all orders of the circuit courtrelating to the personal representative's authority togrant, bargain, sell, convey, mortgage, lease orotherwise deal with the property and a certified copyof each such order;

(l) Eminent Domain. Whenever any land istaken by eminent domain, the state or body politic orcorporate or other authority exercising the right shallrecord with the assistant registrar a description of theland so taken, giving the name of each owner thereofand referring by number to each certificate affected.A new certificate may be issued in the name of theowner for the land remaining to him after the taking;

(m) Reverter of Land. When for any reason, byoperation of law, land which was taken for a publicuse reverts to the owner from whom it was taken orto his heirs or assigns, the court, upon the petition ofthe person entitled to the benefit of reversion, afternotice and hearing, orders the entry of the newcertificate in the owner's name;

(n) Discharge of Proceedings in Bankruptcy.If a new certificate has been entered to the trustee inbankruptcy, the debtor is entitled to the entry of anew certificate in the owner's name, the court ofbankruptcy orders a reconveyance of land to thedebtor, and a certified copy of the order or decree isrecorded;



(o) Conveyance of Real Property UponMerger or Consolidation of Corporations.Whenever any domestic or foreign corporationhaving any real property in the state merges orconsolidates with another domestic or foreigncorporation, and a certified copy of the merger orconsolidation agreement, referring by number to eachcertificate of title affected, together with a certificateof any duly authorized official of the jurisdictionunder the laws of which the surviving orconsolidated corporation is organized, that themerger or consolidation has been effected inaccordance with the laws of the jurisdiction, isrecorded; and

(p) Partition. When, after the entry of the finaljudgment of partition and the acceptance of thereport of the commissioners, if any, a certified copyof the judgment and of the return of thecommissioners, referring by number to eachcertificate of title affected, is recorded with theassistant registrar. In case the land is ordered by thecourt to be sold, the purchaser or the purchaser'sassigns may present the deed of the commissionersfor recordation; provided that any new certificateentered in pursuance of partition proceedings,whether by way of set-off or of sale, shall contain areference to the final judgment of partition. Thecertificate's conclusive effect as to title shall be asprovided by law (see HRS § 501-156). Rule 60. ENTRY BOOK; CERTIFIED

COPIES.The assistant registrar shall keep a record in

which the assistant registrar shall enter in the orderof their reception all deeds and other voluntary andinvoluntary instruments recorded with the assistantregistrar relating to registered land. The assistantregistrar shall note in the record the year, month andday of reception of all instruments, in the order inwhich they are received. They shall be regarded asregistered from the date so noted, and thememorandum of each instrument when made on thecertificate to which it refers shall bear the same date.Every instrument so recorded with the assistantregistrar shall be numbered and indexed, andindorsed with a reference to the proper certificate oftitle. All records and papers relating to registeredland in the office of the assistant registrar shall beopen to the public, subject to such reasonable

regulations as the assistant registrar, under thedirection of the court, may make. Certified copies ofall instruments recorded with the assistant registrarmay be obtained at any time on payment of theassistant registrar's fees. Rule 61. T R A N S F E R I N T R U S T ;

PROCEDURE; POWERS TO BENOTED ON CERTIFICATE.

(a) Whenever any instrument is recorded for thepurpose of transferring land in trust, or for thepurpose of creating or declaring a trust in landwithout transfer, the particulars of the trust shall notbe entered on the certificate; but a memorandumthereon shall be entered by the words "in trust," andby a reference by number to the instrumentauthorizing or creating the same. If the instrumentcreating or declaring a trust is already recorded in thebureau of conveyances or admitted to probate, or anyorder of a federal court creating or declaring a trustin real property has been made, a certified copy maybe recorded by the assistant registrar.

(b) If the instrument creating or declaring a trustcontains an express power to sell, mortgage, or dealwith the land in any manner, the power shall bestated in the certificate. No instrument transferring,mortgaging, or in any way dealing with land held intrust shall be recorded, unless the power theretoenabling is expressly conferred in the instrument oftrust, or unless the judgment of a court of competentjurisdiction has construed the instrument in favor ofthe power, in which case a certified copy of thejudgment shall be recorded with the assistantregistrar. Rule 62. FILING LIENS, ETC.

A lien, attachment, order, decree, or otherinvoluntary instrument which contains or hasindorsed upon a fly sheet conforming to Rule 58.5 ofthese Rules a reference to the proper number of thecertificate affected may be recorded in the office ofthe assistant registrar in the bureau of conveyances.The effect of such recordation shall be as providedby law (see HRS § 501-102; see also HRS chapters231 and 505 concerning state and federal tax liens).



(a) Attachment and Other Liens; Recordingof. When a writing of any description or a copy ofany writ affecting land issued by a judge of a circuitin which the land is situated is recorded to create orpreserve any lien, right, or attachment on land orinterest therein, in addition to any particularsrequired in such papers for recording with therecords of deeds, it shall also contain a reference tothe number of the certificate to be affected.

(b) Mechanic's Lien. When a mechanic's lien orlien for labor and materials is claimed upon land, andthe notice required by law is filed in the circuit courtwhere the land is situated, an attested copy of theorder directing the lien to attach which contains orhas indorsed upon a fly sheet conforming to Rule58.5 of these Rules a reference to the certificateaffected may be recorded with the assistant registrar.Any such lien may be discharged as provided by law(see HRS § 507-45).

(c) Notice of Bankruptcy. Whenever a certifiedcopy of the petition in bankruptcy under a voluntarybankruptcy, or a certified copy of the order for reliefunder involuntary bankruptcy filed in a United StatesBankruptcy Court for reorganization under Chapter11 of the bankruptcy code is recorded against theowner of registered land, and the instrument containsor has indorsed upon a fly sheet conforming to Rule58.5 of these Rules the proper number of thecertificate affected, the assistant registrar shall notesuch fact by entry of an appropriate memorandum onthe certificate. After such memorandum has beenentered on the certificate, no conveyance by theregistered owner shall be recorded unless theconveyance recites that it is made subject to therights of the trustee in bankruptcy.

(d) Recording Notice of Pendency of Action.In any action concerning land or affecting the title orthe right of possession of land, the plaintiff mayrecord with the assistant registrar a certified copy ofa notice of pendency of the action of a United StatesDistrict Court or of a state court, containing thenames or designations of the parties, as set out in thesummons or pleading, the object of the action orclaim for affirmative relief, a description of the landaffected thereby, and a reference to the number of theproper certificate affected.

(e) Judgment Lien. Any money judgment ordecree of a state court or the United States DistrictCourt for the District of Hawai#i, if certified as

correct by a clerk of the court where it is entered,may be recorded with the assistant registrar. Theeffect of such recordation and the duration of anylien created thereby shall be as provided by law (seeHRS § 636-3). A satisfaction of judgment or a copythereof, certified as correct by a clerk of the courtwhere it is entered, may be recorded with theassistant registrar. Every judgment, assignment ofjudgment or satisfaction of judgment shall contain areference to the proper number of the certificateaffected.

(f) Foreign Judgment. An exemplified copy ofany judgment, decree or order of a court of theUnited States or of any other court which is entitledto full faith and credit in this state, when filed in theoffice of the clerk of the appropriate court of thisstate, which contains the proper number of thecertificate affected may be recorded with theassistant registrar. The effect of such recordation andthe enforceability or satisfaction of the judgmentshall be as provided by law (see HRS chapter 636C).

(g) Liens Upon Interests of Heirs andDevisees. Proper papers relating to an involuntarylien, charge or lis pendens against the interest of arelict, heir or devisee in the lands of a deceasedregistered owner, prior to the registration of the titleof such relict, heir or devisee, may be recorded withthe assistant registrar as in other cases, in whichevent the assistant registrar shall make entry thereofas a memorial on the certificate entered in the nameof the deceased owner, giving the name and theaddress of the relict, heir or devisee against whomthe lien, charge or lis pendens is sought to operate.(See HRS § 501-171(b) concerning the effect andnecessity of such recordation.)

(Amended December 21, 2016, effective January1, 2017.)

Rule 63. DISCHARGE OR MODIFICATIONOF LIENS.

The continuation, reduction, discharge anddissolution of liens shall be as provided by law (seeHRS § 501-138). Every certificate or otherinstrument which is permitted or required by law tobe recorded in the bureau of conveyances to giveeffect to the continuance, reduction, discharge ordissolution of attachments or other liens uponunregistered lands, or to give notice of suchcontinuance, reduction, discharge or dissolution, may



in the case of like liens upon registered land berecorded with the assistant registrar, if it contains areference to the number of the proper certificatecontaining the memorandum of the attachment orother liens.

Rule 64. P O W E R O F A T T O R N E Y ;RECORDATION.

(a) A power of attorney to procure land to beregistered and convey or otherwise deal with landmay be recorded with the assistant registrar. (SeeHRS § 501-174.)

(b) Instruments revoking powers of attorney maybe recorded in like manner.

(c) The effect of the death, disability orincapacity of the principal shall be as provided bylaw (see HRS §§ 560:5-501 and 560:5-502 andcommon law).

Rule 65. A L T E R A T I O N S U P O NR E G I S T R A T I O N B O O KPROHIBITED; AMENDMENTS TOCERTIFICATES.

(a) No erasure, alteration or amendment shall bemade upon the registration book after entry of acertificate or of memorandum thereon and theattestation of the same by the assistant registrarexcept by order of the court recorded with theassistant registrar, provided that the assistantregistrar may correct any clerical error made bypersonnel of the assistant registrar's office.

(b) Any registered owner or other person ininterest may at any time apply by petition to thecourt, upon the ground that registered interests of anydescription, whether vested, contingent, expectant orinchoate have terminated and ceased; or that newinterests have arisen or been created which do notappear upon the certificate; or that any error,omission or mistake was made in entering acertificate or any memorandum thereon; or that thename of any person on the certificate has beenchanged; or that the registered owner has beenmarried, or if registered as married, that the marriagehas been terminated; or that a corporation whichowned registered land and has been dissolved has notconveyed the same within three years after itsdissolution; or upon any other reasonable ground.The petition after approval by the court shall berecorded with the assistant registrar.

(c) Initial petitions filed pursuant to part (b)shall be filed together with a fully completed LandCourt Information Sheet that substantially complieswith LD Form A, as shown in the Appendix.

(Amended December 27, 2011, effective January1, 2012.)

Rule 66. CERTIFICATE OF CONVEYANCEREQUIRED.

No document or instrument, on account of whicha certificate of conveyance is required to be filedwith the office of the director of taxation under HRS§ 247-6, shall be accepted for recordation with theassistant registrar, unless the certificate has beenduly filed. Rule 67. R E Q U I R E M E N T S A S T O

CONVEYANCES.The assistant registrar shall be authorized to

accept uniform mortgage instruments for registrationand to incorporate the provisions by reference.Subject to the information required to be includedherein a conveyance of any interest in registered landmay be substantially in the following form:

After Recordation Return by Mail ( ) Pickup ( ) to:

I, (here insert the full name and whethermarried or unmarried, and if married the fullname of the husband or wife), GRANTOR(or MORTGAGOR, LESSOR, etc.), for andin consideration of (here insert theconsideration, if any), to me in hand paid, dohereby grant, bargain, sell and convey to(here insert the full name and address ofgrantee or mortgagee, lessee, etc., whethermarried or unmarried, and if married fullname of husband or wife, and the characterof the interest granted), GRANTEE (orMORTGAGEE, LESSEE, etc.), his heirsand assigns forever, the following describedland (here insert the description), same beingregistered land, for which Certificate of TitleNo. ________ was duly issued.

WITNESS my hand this ______ day of____________, 20____.

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(1) No metes and bounds description will beallowed in any conveyance or other instrumentaffecting registered land where a portion only of theland described in a certificate is sought to beaffected. The designation of land in any deed, lease,mortgage, grant or other document shall be by lotnumber, unless the land is described only by metesand bounds in the certificate. If a portion of land isconveyed, leased, mortgaged or otherwise affected,the land shall first be subdivided into lots and amemorandum of the subdivision noted on thecertificate.

(2) Any deed conveying one or more but not alllots in a certificate shall contain full memorandarelating to easements, right-of-way and all otherencumbrances affecting the particular lot or lotsconveyed. If the deed affects all of the land in acertificate of title, encumbrances may be referred toby reference, such as, "subject to the encumbrancesmentioned in Certificate of Title No. ________, towhich reference is hereby made." Rule 68. HORIZONTAL PROPERTY

REGIMES.The individual titles and interests corresponding

to each apartment together with its common interestin the land appertaining thereto shall be recordablewith the assistant registrar in accordance with theprovisions of this Part where applicable and also inaccordance with HRS chapter 514A.

On the conveyance in fee of an apartmenttogether with its appurtenant undivided interest in theland, a new certificate shall be issued to the ownersdescribing the undivided interest in the land, settingforth the applicable encumbrances, and noting thenumber of the apartment to which the undividedinterest is appurtenant. When an apartment is eitherleased or conveyed together with a leasehold interestin the land, the lease or conveyance of the apartmentand leasehold interest in the land shall be noted onthe certificate covering the fee interest in the landand no new certificate shall be entered except thatthe assistant registrar may at any time enter a newseparate certificate to the fee owner of the landcovering the undivided interest appurtenant to atleast five apartments, setting forth the applicableencumbrances, and noting the numbers of theapartments to which the undivided interests in theland are appurtenant.

Rule 69. TIME SHARING PLANS.Time share interests shall be recordable with the

assistant registrar in accordance with the provisionsof this Part where applicable and also in accordancewith HRS chapter 514E.

Rule 70. SCHEDULE OF FEES.(a) Unless otherwise ordered by the land court,

the registrar of the land court is entitled to demandand receive the following fees, in addition to anyother fees provided by law, except however, no feesshall be charged for any documents or petitionsoffered for filing by any officer of the United States,State of Hawaii, or any county of Hawaii, or by anyofficer or agent of any agency or instrumentalitythereof in their official capacity.

(1) For filing of any petition for originalregistration, order to show cause, citation, notice ofhearing, application to register accretion, orcorrections to reflect erosion - $315.

(2) For filing a petition after original registrationwith an order for a suggestion of death, (other than atrustee), fact of marriage, termination of marriage,notice of issue of an order in bankruptcy, change ofname, or amendment to correct an error, omission,mistake, or memorandum entered on the certificate -$50 plus $10 per exhibit.

(3) For filing a petition after original registrationwith an order for suggestion of death of a trustee,removal of a trustee, incapacity of a trustee,appointment by a successor trustee, or acceptance ofa successor trustee - $100 plus $10 per exhibit.

(4) For filing any petition for subdivision,consolidation, resubdivision, designation ofeasements, or cancellation of easements - $200.

(5) For filing any petition for any other matternot covered in items 2 thru and 4, inclusive, aboveafter original registration - $300 plus $10 perexhibit.

(6) For an uncertified copy of any instrumentfiled in the Office of the Registrar of the Land Court,when the copy is not authenticated by the seal ofoffice and the copy is made by court personnel - $2per page or as provided by law.



(7) For certification under seal of the registrar ofthe land court or its designee a copy of a pleading orother paper subsequent to the initial filing of thepleading or paper except the record on appeal - $5per document.

(8) For filing of any motion - $30.(9) For filing of any other document not

addressed above - $5.(10) For retrieval of files (including a document

or documents within a case file) from off-site storage- $10 per case file.

(b) The supreme court, by rule of court, fromtime to time, may revise, amend, add to, or eliminateany fees payable under subsection (a), or createadditional fees as it deems reasonable, for servicesprovided by the Office of the Registrar of the LandCourt.

The new Rule 70 shall take effect on July 1,2015.

(Amended June 13, 1997, effective July 1, 1997;further amended May 24, 2002, effective July 1,2002; further amended June 24, 2015, effective July1, 2015.)

Rule 71. to 100. RESERVED.

PART III. SURVEYS

Rule 101. SURVEYS, DESCRIPTIONS ANDMAPS.

(1) The field survey made for the purpose ofregistering title to, or subdividing registered land,shall be made on the ground by or under the directsupervision of a registered professional surveyorduly licensed under the laws of the state who shallalso have been found qualified by the judge andregistered to practice in the land court, and whoseregistration to practice therein remains unrevoked.

(2) The description of survey filed with anapplication for registration or title shall be preparedfrom a recent actual field survey and shall be printedor typewritten on unruled white paper with a flyleafin the manner directed in Rule 3 of these rules, shallbe filed in duplicate, and shall be dated and signedby the surveyor making the field survey, or underwhose supervision the field survey was executed.

(3) Unless elsewhere specifically referred to, thesurveying instruments to be used, degree of accuracy,extent, manner, form, and other matters covering the

procedure and things to be done in executing fieldsurveys, compiling descriptions and preparing maps,shall be in accordance with practices heretoforeobtaining in the land court subject to modificationsfrom time to time by the state land surveyor with theapproval of the judge of the land court.

(4) The map filed with the original applicationfor registration of title or for any subsequent purposeshall be on tracing cloth of good quality or othermaterial approved by the state surveyor and shall beof one of the following sizes, figures indicatinginches: 10x15, 15x21, 21x32, 30x36, 36x42 or anylength thereof up to 72, or 42x42 or any lengththereof up to 72. There shall be a 1/2-inch borderalong the edges of all the maps. The lettering and therepresentation of the boundaries and other features ofthe survey, as well as the surveyor's signature,registration stamp and Land Court Registrationnumber, shall be in black india drafting ink and theplat shall be drawn to one of the following scales: 10,20, 30, 40, 50, 60 feet to the inch, or any power often times the above mentioned scales. Letters I and Oshall not be used to designate lots and when lettersare combined with numbers, I and O shall beskipped. A hyphen or dash shall not be used betweendegrees, minutes or seconds or between courses anddistances. Two white print copies shall be filed withthe map.

(5) The map shall be in two parts showing as faras practicable the drawing of the plat of the land onthe left-hand side with true north pointing towardsthe top on the right-hand side near the top of themap, the title of the court, the number and title of thecause and reference to the locality in which the landis situated which shall include the number of theaward and name of awardee, or the number of thepatent or grant, or other class of original title, and thename of the patentee or grantee, the ili, and ahupuaa,district and island, and any local name in commonuse together with a brief general description of theland sufficient to identify the same; all writing shallhave a space not less than 2/10 of an inch betweenthe written lines. The scale to which the plat is drawnshall also be noted. Beneath this, sufficient space,approximately 21/2 inches, shall be reserved forsignatures, certificates, orders of the court and otherwritings.



(6) The map shall be signed by the applicant, orby his attorney, or by his authorized agent, in blackindia drafting ink, and shall also have engrossedthereon and properly filled in, as indicated by thetext, a certificate reading substantially as follows:

This map is from an actual survey on theground made by, or under the directsupervision of the undersigned, between thedates ____________ and ____________ andmay be checked by the state land surveyorwith my field book number __________,calculation book number ____________,and working sheet number ________.

Date: __________________ Address: ________________ ______________________________

Registered Professional Surveyor Certificate Number ________

(7) As noncontiguous lands may be registeredunder one application, more than one map may befiled under the same number or the several parcels ofland may be shown in separate panels in the samemap. Insert maps delineating in more detail or on adifferent scale particular features of the land soughtto be registered may be inserted and shown in panelson the map. One or more supplementary maps maybe filed with the original map or at any time prior tothe issuance of the decree and shall be indicated byletters of the alphabet, as "Supplemental Map A,""Supplemental Map B," etc. When two or more mapsare filed, each map shall carry in the lowerright-hand corner the notation: "Sheet ____ of ____Sheets," with the appropriate figures inserted in theblank spaces.

(8) Unless otherwise ordered by the court, thedescription and map shall be referred for check as toform and mathematical correctness to the state landsurveyor who shall then make a report of his findingsby written return. In the event it is found that certainchanges or corrections are to be made prior to thedate of the return, applicant's surveyor inconsultation with the state land surveyor may correctthe description and map without order of the courtwhere such correction is found necessary to adjustthe survey, but no alteration shall be made after thereturn has issued except by the state land surveyor on

an order of the court, and in such case the descriptionand map shall be marked "Amended" and subsequentamendments by orders of the court shall be indicatedby the notation "Second Amendment," "ThirdAmendment," etc., as the case may be. Theseexpressions are to be used only up to the date of thedecree. Thereafter, references to the application shallbe solely by its number. In new applications,adjacent registered titles (completed cases) noted onthe map or referred to in the description shall bedesignated by the application number only; butadjacent pending applications, if amended, shall bedesignated with the number and the kind ofamendment, to which shall be added the word"Pending" in parentheses. Example: Land CourtApplication 1000 - 2nd Amendment (Pending).Adjacent pending applications, if unamended, shallhave added after the number the word "Pending" inparentheses. Example: Land Court Application 1200(Pending). In preparing subdivisions of registeredtitles (completed cases), the fact that the applicationhad been amended before final decree, shall nolonger be noted and the caption of a subdivision mapshall designate the application by its number only.The notation "Re-Amended" shall not be used. Thestate land surveyor shall revise the description andengross on the map the subject matter contained inthe order of the court which shall be authenticated bya suitable certificate written on the description andengrossed on the map. If there be more than one map,each map shall have thereon a statement referring tothe order of the court and the subject matter thereof.

(9) If an order of the court amending the surveycontains a description which cannot be reconciled tothe survey in the application, or which ismathematically incorrect, the state land surveyor inconsultation with the applicant's surveyor shall makethe necessary corrections and report the facts to thecourt. Applicant on being notified thereof shall bymotion in writing secure the approval of the court,but after final decree has issued, no change shall bemade under any circumstance except by an order ofthe court.

(10) Where it is desired to withdraw adescription or a map from registration and substituteothers in place thereof, the originals shall not bewithdrawn from the records but shall be cancelled byan order of the court and the substitutions designated"Amended" or "Amendment" in the manner directed



in this rule. (11) The state land surveyor may require

applicant's surveyor to file temporarily the originalfield notes, calculations and working sheets while anapplication is being examined. Such original recordsshall be returned when the state land surveyor makeshis final report.

(12) Exceptions to this rule may be made inspecific instances by order of the court upon goodcause being shown therefor.

(13) Previous to entry of decree and therecording of same on map, no blueprint or other formof reproduction shall be furnished to any person,unless such copy shall have marked thereon in largetype letters the notation: ADVANCE SHEET -SUBJECT TO CHANGE.

(14) Unless otherwise requested or ordered, onlytwo (2) blueprints shall be furnished the land courtand said blueprints shall have marked thereon thenotation referred to above, viz: ADVANCE SHEET- SUBJECT TO CHANGE. A similar blueprint onpaper shall be retained for the files of the surveyoffice with an added certificate reading as follows:

I hereby certify this print to be a true andcorrect copy of tracing map filed with LandCourt Application ________ and returned,____________.

Honolulu, Hawai#i, ____________,20____

______________________________ Surveyor, State of Hawai#i

(15) When an original application is ready forreport to the land court, there shall be written on themap the following certificate for the state landsurveyor's signature:

I hereby certify that the description ofsurvey and map hereon have been examinedand the boundaries checked and verified onthe ground and found to be in accord.

Honolulu, Hawai#i, ____________,20____

________________________ Surveyor, State of Hawai#i

(16) Upon the entry of decree, the tracing mapwill be returned to the survey office and thefollowing certificate shall be written thereon:

I hereby certify that Decree ofRegistration dated ____________, andnumbered ____________, has been issued to__________________ covering the landdescribed hereon and that Owner's(s')Certificate of Title No. ____________ hasbeen transcribed therefrom.

Honolulu, Hawai#i, ____________,20____

__________________________ Surveyor, State of Hawai#i

When the above certificate is filled in andsigned, blueprints will then be distributed without thenotation in (14) above or other certificates, exceptthat one (1) blueprint shall be made for the files ofthe survey office bearing the following certificate:

I hereby certify this print to be a true andcorrect copy of tracing map filed with LandCourt Application ____________ on whichDecree of Registration has been entered.

Honolulu, Hawai#i, ____________,20____

_________________________ Surveyor, State of Hawai#i

(17) When a subdivision map is filed and

referred to the state land surveyor for examinationbefore decree is entered, the certificate of the stateland surveyor shall read as follows:

I hereby certify that the map hereonbeing a subdivision of Land CourtApplication __________ (NOW PENDING)as herein entitled has been examined andchecked as to form and mathematicalcorrectness and found to be in accord.

Honolulu, Hawai#i, ____________,20____

________________________ Surveyor, State of Hawai#i



NOTE: There shall be endorsed on such amap in heavy penciled letters the legendADVANCE SHEET - SUBJECT TOCHANGE, which legend shall not beremoved until the subdivision is approved bythe judge of the land court.

Approval by the judge of the land court will be

withheld until final decree is entered and originalcertificate of title issued, upon which appropriateorder shall be issued and the subdivision mapendorsed with a certificate bearing the same date asthe decree, as follows:

Approved by order of the Judge of theLand Court dated ____________.

Honolulu, Hawai#i, ____________,20____

____________________________Surveyor, State of Hawai#i

NOTE: The legend ADVANCE SHEET -SUBJECT TO CHANGE shall then beerased.

If a resubdivision is wanted during pendency of

an application, the first subdivision should bewithdrawn and cancelled and a substitute mapoffered.

Previous to issuance of order of approval by thejudge of the land court and the recording of same onthe subdivision map, no blueprint or other form ofreproduction of the map shall be furnished to anyperson, unless such copy shall have marked thereonin large type letters, the notation: ADVANCESHEET - SUBJECT TO CHANGE.

The tracing shall be retained in the survey office,but a report of the findings of the state land surveyorshall be forwarded to the land court, and upon receiptback of a certified copy of the Order of Approval, thespaces provided for dates shall be filled in and thecertificate signed by the surveyor.

The tracing shall then be forwarded to the landcourt with the number of blueprints requested in theOrder of Reference and blueprints shall then beprepared for distribution. All such blueprints shall nolonger bear the notation: ADVANCE SHEET -SUBJECT TO CHANGE, and no other certificate is

required thereon, except that one (1) blueprint onpaper shall be made for the files of the survey officeand shall have thereon the following certificate:

I hereby certify this print to be a true andcorrect copy of tracing map filed withsubdivision of Land Court Application_________ and approved _____________.

Honolulu, Hawai#i, ____________,20____

_________________________Surveyor, State of Hawai#i

Rule 102. INSTRUCTIONS TO SURVEYORS.(1) The instrument used in making field surveys

shall be a surveyor's transit or theodolite withhorizontal circle graduated from 0ø to 360ø andvernier reading to minutes or seconds, with a verticalarc or circle graduated in a similar manner and witha magnetic needle and compass plate divided intoquadrants. No instrument shall be used which has notbeen subjected from time to time to the usual testsrequired for field adjustments.

(2) The tape used shall be of steel made to benchstandards certified accurate by the U.S. Bureau ofStandards, and of a make approved by the state landsurveyor and shall in whole or in part be graduated tofeet, and to tenths and hundredths of a foot. Tapesused by applicant's surveyor shall be regularly testedby him with some recognized standard and a recordkept of the differences. All precise measurements oflines shall be made by the steel tape or electronicdistance measuring equipment that meets theaccuracy standards as set forth under (3) below. Thetransit and stadia may be used for general location ofcultural and topographical features.

(3) The methods of plane surveying shall be usedfor all surveys for the registration of title, andcomputations for traverses and closure shall be basedon plane or rectangular coordinates. A closedtraverse may be made of the boundaries either bydirect traverse along the boundary lines or upon linesfrom which the boundary points are directly located.The error of closure for field work before adjustmentshall not be greater than 1 in 20,000 for city property,1 in 15,000 for residential suburban property, and 1in 10,000 for farm, agricultural or other ruralproperty. The allowable error is based on the sum of


Rule 102RULES OF THE LAND COURT

the measured lines of the closed traverse. All surveysshall be connected with the government surveytriangulation system.

(4) Adjoining surveys which have beenestablished by decree of the land court or otherrecognized authority, as well as established street orroad lines, shall be adopted, unless applicant'ssurveyor determines conclusively their inaccuracy. Insuch cases it is advisable that the surveyor consultwith the state land surveyor prior to making anychange. If there is a land court survey withinconvenient distance, some point of said survey shallbe tied to some point on the boundary of the landunder survey.

(5) Where a large tract of land is included in onesurvey, the origin of the azimuths used shall bederived from a government survey triangulationstation and the name of the station recorded on themap and all coordinate references shall be computedfrom said station. Supplementary stations may beused for control but in any net of auxiliary stations,the angular measurement before adjustment shall besuch as not to contain an error greater than fifteen(15) seconds of arc for any one triangle. In localitieswhere triangulation control is not feasible, a systemof closed traverses may be used. (In surveys in whichold magnetic survey descriptions are involved, it isadvisable that the magnetic declination be observedat frequent intervals.)

(6) In surveys of city and residential suburbanproperty, street lines shall be shown, and the initialpoint shall be referred to a government surveytriangulation station and also if possible connected toa city street monument, or to some other surveymonument of official record.

(7) The description of survey of the exteriorboundaries shall be described as running from left toright (clockwise), true azimuths being used indesignating the courses with zero or 360ø at truesouth, 90ø at true west, 180ø at true north and 270ø attrue east: distances shall be given in linear feet anddecimals to two places and areas in square feet to thenearest square foot or acres and decimals to threeplaces thereof. The initial point may be referred tothe "origin of azimuth" station either by planecoordinates or direct azimuth and distance with suchsupplementary references to other stations or knownmonuments as are convenient or desirable. All

reservations, exclusions or exceptions of lands notsought to be registered shall be described in a similarmanner. Perpetual easements or easements runningfor long terms or other permanent encumbrancesshall also be described by metes and bounds.Temporary or indefinite easements or encumbrancesmay be described in general terms only. Ameandering boundary such as a stream, mountainridge or the seashore, shall be described by directazimuths and distances between located points onsaid meandering line, locations being spaced atsufficiently frequent intervals to make possible arelocation of the described boundary.

(8) The map shall show the exterior boundarieswith lines and points thereon well defined and clearlymarked (as well as all reservations, exclusions andexceptions), with the azimuths and distances alongthe bounds designated by the same numbers as in thedescription of survey. Meandering boundaries shallbe shown and the courses indicated by theconventional methods in general use. There shall alsobe delineated on the map all improvements,topographical, cultural and other features of primaryimportance (e.g., so as to assist in orienting personsusing the map, to delineate the title or the boundary),original titles and boundaries, and boundary marksand monuments, with the appropriate conventionalsigns, symbols and writings. Connections totriangulation and reference stations, and tocontiguous land court or other adopted or officialsurveys shall also be indicated.

(9) It is recommended that the ends of allimportant courses or pivotal points in the boundarybe marked on the ground by a special marker and ifpossible imbedded in concrete which shall haveindicated thereon reference to the fact that saidmarker is a land court boundary point. In addition,said markers should also include the land courtregistration number of the land surveyors.Specifications for a uniform type of marker and themanner in which it is to be used shall be supplied bythe state land surveyor.

(10) Exceptions to this rule may be made inspecific instances by order of the court upon goodcause being shown therefor.



Rule 103. GOVERNMENT EMPLOYEESDISQUALIFIED TO PRESENTSURVEYS FOR USE BY PRIVATEPARTIES IN THE LAND COURT.

No person, while he is regularly employed in anycapacity and paid by the government or anysubdivision thereof, shall, during the period of suchemployment, actively associate himself directly orindirectly in the survey or preparation of maps onbehalf of and in the employment of any privatepersons in connection with land court procedure andfor use therein. No maps so prepared shall bereceived in the land court on behalf of such privateparties. The clerk of the land court shall inform thejudge of any attempted violation of this rule.

The certificate of registration as a land courtsurveyor of any person violating the above rule shallbe subject to revocation in the discretion of the judgeof the land court. Rule 104. SUBDIVISION MAPS.

(1) A subdivision map filed after the decree isentered and original certificate issued shall delineatethe metes and bounds and area of each lot or parcelof land within the subdivision and shall conform tothe requirements for a map filed with an originalapplication, eliminating however all reference toconveyances from the government from whichoriginal title was derived; there shall also beinscribed on the map the name of the owner of, andthe number of the certificate of title covering theland. Each lot or parcel of land shall be given adefinite designation either by a number or a letter orby a combination of both and there shall be noduplication of such designations in the sameapplication. There shall be no writings on thesubdivision map except those requested in thepetition for subdivision, or those taken from the mapof the original application or subsequent subdivisionmaps, or those authorized by this rule. All setbacklines, proposed streets, easements and encumbrancesof a like nature registered in the land court systemand applicable to the subdivision shall be placed onthe map and those created in the petition shall beshown and delineated on the map by metes andbounds. The area of easements is to be shown at thebottom left corner of the map. If the easement isdescribed in the original application by center linedescription with a prescribed width, or by metes and

bounds, describing its exterior boundaries, the samemethod shall be applied on the subdivision map as isfollowed in the original map. The description shallbe confined within the limits of the lots in thesubdivision, but the lines of the easement shall beextended for a short distance beyond the lotboundaries to show the direction of the easement.Neither the area of the easement nor that of anyportion thereof shall be given. If the easement hasundefined boundaries except "as shown on map madea part of the original application," such easementshall be indicated on the subdivision map in the samemanner as indicated on the original map, and no areais expected to be given. Leases, mortgages andsimilar encumbrances need not be noted or referredto if all lots in the subdivision are affected. Whenany of the encumbrances affects one or more but notall of the lots created by such subdivision and it isdesired to confine such encumbrance orencumbrances to the lot or lots affected, the petitionshall clearly set forth the lot or lots affected. It is notnecessary, unless desired by the surveyor presentingthe subdivision map, to place on said maptopographical features shown on the original map. Anote may be placed on the subdivision map, readingsomewhat as follows: "For topography see originalmap and original certificate of title." Topography orother features not shown on the original map shallnot be placed on a subdivision map, except bypetition properly presented to the judge of the landcourt and confirmed by an order of court.

(2) Every subdivision map shall have evidenceon it of the approval of the appropriate countyagency or agencies, as indicated by a seal on the mapor by other accompanying proof of approval.

(3) In preparing subdivision maps for the landcourt, there shall be added to the title or heading ofthe descriptive part of the map, and immediatelybelow the present form, the name or names of theowner or owners of the land under consideration andthe number or numbers of owner's certificate(s) oftitle.

(4) A resubdivision map is one in which theboundaries of a group of lots shown on a priorapproved subdivision map are altered or changed.This map must state the conditions before and afterthe change, i.e., designation and numbering of lots,and should show in light dotted lines (not even shortdashes) the boundaries and numbers of the lots of the



previous subdivision. (5) Exceptions to this rule may be made in

specific instances by order of the court upon goodcause being shown therefor. Rule 105. REGISTRATION OF ACCRETION;

CORRECTION TO REFLECTEROSION.

The map filed with the petition for registration oftitle to an accretion and/or correction to reflecterosion, in addition to complying with all the rulesand statutes governing the preparation and filing ofmaps in the land court, shall bear the legend:

LAND COURT APPLICATION _____ ACCRETION [AND/OR EROSION]TO LOT ____________ AS SHOWN

ON MAP ________ AND THEREDESIGNATION OF SAID LOT _____

WITH ACCRETION [AND/OR EROSION]AS LOT ______________

and shall contain the following information:

(A) The previous high-water mark as shown onMap ____________ (to be shown by dotted lines)with the new high-water mark (to be shown by solidline, together with the date of the determinationthereof and a specification in parentheses whetherthe mark reflects vegetation, upper reaches of thewash of waves, debris, seaward face of seawall, topof rock ledge, etc.);

(B) The old lot number shown by dottedlettering, the old lot area shown by solid letteringenclosed by parentheses, the area of any accretedportion shown by solid lettering enclosed byparentheses, the area of any eroded portion shown bysolid lettering enclosed in parentheses, the new lot tobe designated by a new number and shown by solidlettering and the total area to be shown by solidlettering;

(C) Location of pipes or other permanent marksset on the boundaries near the new high-water markwith the distances from said permanent marks to thenew high-water mark;

(D) The names of the landowners adjoining thelot as accreted and/or eroded; (E) The certificate of the surveyor statingsubstantially as follows: New high-water mark as

shown hereon is from an actual survey on the groundmade under the direction and supervision of theundersigned on ______________, 20____. Rule 106. LAND COURT CONSOLIDATIONS.

An owner of two or more contiguous or adjacentlots, as defined in HRS § 501-85, covered by two ormore separate land court applications, may combinethem by filing a petition therefor, which shall becalled a Land Court Consolidation, and be numberedconsecutively in the same manner as original landcourt applications in accordance with Rule 2 of theserules. Such petition shall be accompanied by a mapshowing the land court application numbers and oldlot numbers in dotted lettering and old lot boundarieswithin the consolidation in dotted lines. The title ofthe map shall contain provision for the consolidationnumber, the old land court application numbers, oldmap numbers, old lot numbers and areas, certificateof title numbers, and the total area of theconsolidation. The map shall conform torequirements of a map filed with a petition forsubdivision as set forth in Rule 104 of these rules.

Unless the map contains a description of theexterior boundaries of the consolidation, it shall beaccompanied by a typed description thereof intriplicate. The courses shall contain no reference tomonuments at the ends thereof, either on the map orin the description.

Lots so combined in a Land Court Consolidationmay be treated as follows:

(1) All contiguous lots may be consolidated intoa single lot;

(2) Individual lots may be redesignated; (3) Combinations of contiguous lots may be

consolidated into larger lots and redesignated; (4) All lots or combinations of contiguous or

adjacent lots may be consolidated and subdividedinto new lots, in which case the provisions of Rule104 shall be followed.

The official abbreviation for Land CourtConsolidation shall be Ld. Ct. Cons.



Rule 107. REPEALED.



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RULES OF THE LAND COURT Appendix

LAND COURT INFORMATION SHEET

(Instructions on reverse side)

RESERVED FOR COURT USE

LD CASE NO. _________________________________

I. PETITIONER(S)

RESPONDENT(S)

I (a). PETITIONER’S ATTORNEY INFORMATION(NAME, HAWAII BAR #, ADDRESS, PHONE, EMAIL)

I (b). PRIMARY CONTACT INFORMATION(NAME, ADDRESS, PHONE, EMAIL)

I (c). TITLE COMPANY INFORMATION(NAME, ADDRESS, PHONE, EMAIL)

II. NATURE OF PETITION (check one)

F 101 EX PARTE

F 201 MAPS

F 301 OTHER _____________________

III. APPLICATION and/or CONSOLIDATION NUMBER(S) _______________________

IV. TCT(S) ____________________________

V. Is the subject property a timeshare interest? F Yes F No

VI. SIGNATURE OF PETITIONER or FILING PARTY

_________________________________________

NAME: ________________________________________________(PRINT NAME)

DATE: ______/________/ 20_____

THIS FORM IS TO BE USED SOLELY FOR DATA ENTRY PURPOSES AND THEN DESTROYED.

In accordance with the Americans with Disabilities Act and other applicable state and federal laws, if you require reasonable accommodations

for a disability, please contact the ADA Coordinator at the Land Court at (808) 539-4777 or Fax (808) 539-4713, at least 10 working days

prior to your hearing or appointment date. For other related matters please call (808) 539-4777.

LD Form A



INSTRUCTIONS FOR COMPLETING THE LAND COURT INFORMATION SHEET

The filing party or parties or their authorized representative is required to complete this form.

The information contained on the Land Court Information Sheet does not replace or supplement the filings, the

service, pleadings or other papers as required by law.

If additional space is needed to answer any item you may attach a separate continuation sheet.

I. PETITIONER(S) and RESPONDENT(S).

List the names of the petitioner(s) and respondent(s) exactly as they appear on the petition.

I(a). PETITIONER’S ATTORNEY INFORMATION.

If the petitioner is represented by an attorney, list the attorney’s name, Hawaii Bar number, address, phone

number and email contact information.

Lawyers not licensed in Hawaii do not qualify as a petitioner’s attorney but may be listed as a primary

contact.

List the names of any additional attorney(s), together with their Hawaii Bar number and contact information.

I(b). PRIMARY CONTACT INFORMATION.

If the petitioner is self-represented, list the name, address, phone number, and email contact information

for a person that the Land Court can contact about the petition.

I(c). TITLE COMPANY INFORMATION.

If the petition is being submitted by a title company, list its contact information, including the company name,

addresses, phone, and email contact information.

II. NATURE OF PETITION.

Place a U in the appropriate box that describes the subject matter of the petition.

Box 101 (Ex Parte) if the petition is to note marriage, death, divorce, name change, or change of trustee.

Box 201 (Maps) if the petition relates to designation of easement, subdivision, consolidation, accretion

or erosion.

Box 301 (Other) if the subject matter of the petition is not listed above, please specify the general nature

of the petition.

III. APPLICATION and/or CONSOLIDATION NUMBER(S).

List the Land Court Application and/or Consolidation number(s) for the subject property as stated on the

petition.

IV. TRANSFER CERTIFICATE OF TITLE (TCT) NUMBER(S).

List the current Transfer Certificate of Title (TCT) number or numbers if more than one TCT will be affected

by this petition.

V. IS THE SUBJECT PROPERTY A TIMESHARE INTEREST? Check the appropriate box.

VI. SIGNATURE OF PETITIONER OR FILING PARTY SUBMITTING THE PETITION.

The person who provided the information for this Land Court Information Sheet should sign where indicated.

Print or type name below signature and date.


RULES OF THE LAND COURT Appendix

Fly Sheet

The following items (a) through (g) correspond to Land Court Rule 58.5.After Recording, return by mail G or pick-up G(a) Name, address and phone number to contact for pick-up

(b) Total Pages: __________ (including this fly sheet)

(c) Name of a party to the instrument (first and middle names may be spelled out but only if abbreviations or initialsare indicated in the instrument).

_____________________________________________________________________________________________

(d) Marital status, either “married” or “ummarried” (marital status may be added but only if not stated in theinstrument).

_____________________________________________________________________________________________

(e) If the interested party is an entity, state the name of the entity and place of organization (place of organizationmay be added if not stated in the instrument).

_____________________________________________________________________________________________

(f) Current Certificate of Title number (TCT numbers may be updated but cannot be added if not stated in theinstrument).

_____________________________________________________________________________________________

(g) If applicable, current address of the grantee, assignee, or transferee, if not stated in the instrument._____________________________________________________________________________________________

I hereby certify that the information contained on this fly sheet is true and correct to the best of myknowledge, information and belief.

________________________________________________ ________________________________(Signature) (Date)

_________________________________________ _______________________________________(Name printed or typed) (State your relationship to interested party)

In accordance with the Americans with Disabilities Act and other applicable state and federal laws, if you require

e l banos ae raccommodations for a disability, please contact the ADA Coordinator at the Land Court at (808) 539-4777 or Fax (808)

, 3 1 7 4 - 9 3 5at least 10 working days prior to your hearing or appointment date. For other related matters please call (808) 539-4777.



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