LEGAL INCIDENTS OF REGISTERED LAND

 

501-81 Legal incidents of registered land. Registered land, and ownership therein, shall in all respects be subject to the same burdens and incidents which attach by law to unregistered land. Nothing in this chapter shall in any way be construed to relieve registered land or the owners thereof from any rights incident to the relation of husband and wife; or from liability to attachment or mesne process or levy on execution; or from liability to any lien of any description established by law on land and the buildings thereon, or in the interest of the owner in land or buildings; or to change the laws of descent except as provided in section 501-71; or the rights of partition between coparceners and other cotenants; or the right to take the same by eminent domain; or to relieve such land from liability to be recovered by a trustee in bankruptcy under the provisions of law relating to preferences; or to change or affect in any way any other rights or liabilities created by law and applicable to unregistered land; except as otherwise expressly provided in this chapter. [L 1903, c 56, 70; RL 1925, 3259; RL 1935, 5040; RL 1945, 12640; RL 1955, 342-41; HRS 501-81; am L 1972, c 91, 1(p)]

 

Case Notes

 

Civil rights action involving courts' relocation of seaward boundary of registered land. 402 F. Supp. 95 (1975).

Easements of ingress and egress, creation of by subdivision map filed in land court. 34 H. 881 (1939); 39 H. 608 (1952). See 37 H. 270 (1945). Dedication of streets. 39 H. 514 (1952).

Rights incident to relation of husband and wife affect registered land as well as unregistered. 35 H. 816, 825 (1941).

Registered land, like unregistered land, is subject to erosion. 55 H. 176, 517 P.2d 57 (1973).

Mentioned: 130 H. 183 (App.), 307 P.3d 163 (2013).

Referred to: 44 H. 235, 246, 353 P.2d 1007 (1960); 50 H. 189, 436 P.2d 207 (1967).

 

 

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