§501-106  Entry of new certificate.  (a)  No new certificate of title shall be entered, and no memorandum shall be made upon any certificate of title by the registrar or assistant registrar, except:

     (1)  In pursuance of any deed or other voluntary instrument;

     (2)  Upon the recording of a certificate of merger that merges two or more condominium projects as provided by section 514B-46;

     (3)  Upon the recording of an amendment to a declaration of condominium property regime which alters the percentage interest of the respective apartment or unit owners in the common elements;

     (4)  In cases expressly provided for in this chapter; or

     (5)  Upon the order of the court, for cause shown.

     (b)  The new certificate or memorandum shall be binding upon the registered owner and upon all persons claiming under the registered owner, in favor of every purchaser for value and in good faith; provided that in all cases of registration procured by fraud the owner may pursue all the owner's remedies against the parties to the fraud, without prejudice however to the rights of any innocent holder for value of a certificate of title; and provided further that after the transcription of the decree of registration on the original application any subsequent registration under this chapter procured by the presentation of a forged deed or other instrument, shall be void. [L 1903, c 56, §55; RL 1925, §3244; RL 1935, §5054; RL 1945, §12654; RL 1955, §342-55; HRS §501-106; am L 1972, c 91, §1(u); gen ch 1985; am L 1988, c 346, §8; am L 1993, c 18, §3; am L 2004, c 164, §18; am L 2008, c 28, §12; am L 2017, c 181, §23]


Rules of Court


  New certificate of title, see RLC rule 59.


Case Notes


  Issuance of new certificate to reflect acquisition by condemnation may be compelled.  31 H. 781 (1931), aff'd 61 F.2d 896 (1932).

  Cited:  79 H. 56 (App.), 897 P.2d 983 (1995).