REPORT TITLE:
Land Court Registration


DESCRIPTION:
Streamlines the probate process by establishing consistency
between Land Court, Probate Code, and Bureau of Conveyances
procedures.  (HB1983 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1983
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE LAND COURT.



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

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

 
Page 2                                                     1983
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 1      (4)  A corporation by its proper officer or by an agent duly
 
 2           authorized by the board of directors;
 
 3      (5)  An unincorporated nonprofit association by a person
 
 4           authorized in a statement of authority recorded in the
 
 5           office of the assistant registrar of the land court or
 
 6           with the registrar of conveyances in the bureau of
 
 7           conveyances;
 
 8      (6)  Any personal representative duly appointed by the
 
 9           proper probate court, and duly authorized so to do by
 
10           an order of court.  For the purpose of registering
 
11           title, such representative shall be a trustee of any
 
12           title registered for the heirs of the estate, and be
 
13           subject to the decree of distribution of the court of
 
14           probate; and
 
15      (7)  Any political subdivision of the State by its mayor,
 
16           after resolution duly passed by its council so
 
17           directing; the State, by the board of land and natural
 
18           resources; or the government of the United States by
 
19           any proper officer thereof thereunto duly authorized.
 
20      The basis for determining the fees payable in the
 
21 registration of the easements and rights above stated shall,
 
22 instead of the assessed valuation, be the value of the same as
 
23 found by the land court and instead of the fee for examination of
 

 
Page 3                                                     1983
                                     H.B. NO.           H.D. 1
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 1 title chargeable under section 501-218, the fee shall be the
 
 2 actual amount allowed by the court to the examiner therefor.
 
 3      The provisions relative to the registration and conveyance
 
 4 of registered land shall apply to the registration and conveyance
 
 5 of easements and rights."
 
 6      SECTION 3.  Section 501-102, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "501-102  Filing liens, etc., notice.  (a)  Every
 
 9 conveyance, lien, attachment, order, decree, instrument, or entry
 
10 affecting registered land, which would under existing laws, if
 
11 recorded, filed, or entered in the bureau of conveyances, affect
 
12 the real estate to which it relates, shall, if registered, filed,
 
13 or recorded, or entered in the office of the assistant registrar
 
14 in the bureau of conveyances, be notice to all persons from the
 
15 time of such registering, filing, recording, or entering[.] and
 
16 shall contain a reference to the number of the certificate of
 
17 title and an indorsement of the current certificate of title, if
 
18 applicable, of the land to be affected.
 
19      (b)  This section shall not be construed to relate to state
 
20 or federal tax liens or child support liens that are created
 
21 pursuant to order or judgment filed through judicial or
 
22 administrative proceeding in this State or in any other state,
 
23 the recording of which shall be as provided by chapters 231, 505,
 

 
Page 4                                                     1983
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
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 1 and 576D, respectively.  The recordation of the child support
 
 2 order or judgment in the bureau of conveyances shall be deemed,
 
 3 at such time, for all purposes and without any further action, to
 
 4 place a lien on land registered in the land court under this
 
 5 chapter."
 
 6      SECTION 4.  Section 501-108, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "501-108  Conveyance of fee; procedure. (a)  An owner
 
 9 desiring to convey in fee registered land or any portion thereof
 
10 shall execute a deed of conveyance, which the grantor or the
 
11 grantee may present to the assistant registrar in the bureau of
 
12 conveyances; provided that the assistant registrar shall not
 
13 accept for registration any deed, mortgage, lease, or other
 
14 voluntary instrument, unless a reference to the number of the
 
15 certificate of title and an indorsement of the current
 
16 certificate of title, if applicable, of the land affected by such
 
17 instrument is incorporated in the body of the instrument tendered
 
18 for registration.
 
19      The assistant registrar shall note upon all instruments
 
20 filed or recorded concurrently with the recorded instrument the
 
21 document number and the certificate of title number in the spaces
 
22 provided therefor wherever required.
 

 
 
 
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                                     H.B. NO.           H.D. 1
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 1      The assistant registrar shall thereupon, in accordance with
 
 2 the rules and instructions of the court, make out in the
 
 3 registration book a new certificate of title to the grantee.  The
 
 4 assistant registrar shall note upon the original certificate the
 
 5 date of transfer, and a reference by number to the last prior
 
 6 certificate.  The original certificate shall be stamped
 
 7 "canceled."  The deed of conveyance shall be filed or recorded
 
 8 and indorsed with the number and place of registration of the
 
 9 certificate of title of the land conveyed.
 
10      (b)  On all instruments to be filed or recorded, the top
 
11 three and one-half inches of space of the first page shall be
 
12 reserved for recording information for the assistant registrar on
 
13 the left half of that space, and for the registrar of conveyances
 
14 on the right half of that space.  The following one inch of space
 
15 shall be reserved for information showing to whom the document
 
16 should be returned.  In addition, the first page shall identify
 
17 and include, if possible, all names of the grantors and all names
 
18 and addresses of the grantees, the type of document, and the tax
 
19 map key number.  Indorsements, if any, shall be made on a
 
20 conforming fly sheet.  If an instrument consists of more than one
 
21 page, [it] each page shall be single-sided sheets of written text
 
22 numbered consecutively, beginning with number one, and shall be
 
23 stapled once in the upper left corner.  No instrument shall have
 

 
Page 6                                                     1983
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 1 a cover or backer attached.  The assistant registrar shall be
 
 2 permitted to remove any rivets affixed to any instrument.
 
 3      (c)  All names of all natural persons signing in their
 
 4 individual capacity in the instrument shall be typewritten,
 
 5 stamped, or printed by some other mechanical or electrical
 
 6 printing method beneath all signatures.  No discrepancy in any
 
 7 name shall exist between the printed name, as it appears either
 
 8 in the body of the instrument, beneath the signature, or in the
 
 9 notary's certificate of acknowledgment.  The provisions of this
 
10 [paragraph] subsection shall not apply to any deed or conveyance
 
11 instrument executed prior to July 1, 1989.
 
12      (d)  The assistant registrar may refuse to file or record
 
13 any instrument that will not reproduce legibly under photographic
 
14 or electrostatic methods, or that is of a size larger than eight
 
15 and one-half inches by fourteen inches, or that contains a
 
16 schedule, inventory sheet, or map in excess of that size."
 
17      SECTION 5.  Section 501-171, Hawaii Revised Statutes, is
 
18 amended by amending subsection (a) to read as follows:
 
19      "(a)  When the owner of registered land, or of any estate or
 
20 interest therein, dies, having devised the same by will, the
 
21 person or persons entitled thereto [may] shall file or record
 
22 with the assistant registrar of the land court a correct
 
23 statement of the full names of the devisees, the residence or
 

 
Page 7                                                     1983
                                     H.B. NO.           H.D. 1
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 1 post office address of each and their marital status and a
 
 2 reference to the number of the certificate of title of the land
 
 3 affected, a certified copy of the [will, either a certified copy
 
 4 of the order of the circuit court admitting it to probate or a
 
 5 certified copy of the written statement of the registrar of the
 
 6 circuit court admitting it to informal probate,] letters
 
 7 appointing the personal representative showing the powers of the
 
 8 personal representative, and either a certified copy of an order
 
 9 of the circuit court determining the persons entitled to
 
10 distribution of the registered land and directing or approving
 
11 distribution[,] or a deed from the personal representative to the
 
12 devisee or devisees, and thereupon the assistant registrar shall
 
13 cancel the certificate issued to the testator, and enter a new
 
14 certificate [or certificates] to the devisee or devisees.  When
 
15 the owner of registered land or of any estate or interest therein
 
16 dies, not having devised the same, the persons entitled thereto
 
17 by law [may] shall file or record with the assistant registrar a
 
18 correct statement of the full names of the heirs, the residence
 
19 or post office address of each, and their marital status, a
 
20 certified copy of the [judgment of the circuit court in an action
 
21 determining the heirs, or] letters appointing the personal
 
22 representative showing the powers of the personal representative,
 
23 and either a certified copy of an order of the circuit court in
 

 
Page 8                                                     1983
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

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

 
Page 9                                                     1983
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
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 1 probate, and] a certified copy of the letters[, on which shall be
 
 2 listed all orders of the circuit court relating to the personal
 
 3 representative's authority to grant, bargain, sell, convey,
 
 4 mortgage, lease, or otherwise deal with real property,]
 
 5 appointing the personal representative showing the powers of the
 
 6 personal representative, or a certified copy of an order granting
 
 7 the petition for authority or an acknowledgment of authority, and
 
 8 either a certified copy of [each such order.] the order of the
 
 9 circuit court confirming the sale of the affected land or a
 
10 certified copy of an affidavit filed in the circuit court of the
 
11 personal representative made at the time of the deed, mortgage,
 
12 lease, or other conveyance, attesting that the decedent's will
 
13 does not require confirmation of the transaction and that no
 
14 devisee or heir has demanded the confirmation.  Any person who
 
15 acquired title or any interest in registered land through or by
 
16 virtue of the execution of the power vested in the personal
 
17 representative may have the title or interest registered."
 
18      SECTION 7.  Section 501-196, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "501-196  Alterations upon registration book prohibited
 
21 when; court hearings; limitations.  No erasure, alteration, or
 
22 amendment shall be made upon the registration book after the
 
23 entry of a certificate of title or of a memorandum thereon, and
 

 
Page 10                                                    1983
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        C.D. 1

 
 1 the [attestation] approval of the same by the registrar or an
 
 2 assistant registrar except by order of the court[.] recorded with
 
 3 the assistant registrar, provided that the registrar or assistant
 
 4 registrar may correct any clerical error made by personnel of the
 
 5 registrar's or assistant registrar's office.  Any registered
 
 6 owner or other person in interest may at any time apply by
 
 7 petition to the court, upon the ground that registered interests
 
 8 of any description, whether vested, contingent, expectant, or
 
 9 inchoate have terminated and ceased; or that new interests have
 
10 arisen or been created which do not appear upon the certificate;
 
11 or that any error, omission, or mistake was made in entering a
 
12 certificate or any memorandum thereon; or that the name of any
 
13 person on the certificate has been changed; or that the
 
14 registered owner has been married, or if registered as married
 
15 that the marriage has been terminated; or that a corporation
 
16 which owned registered land and has been dissolved has not
 
17 conveyed the same within three years after its dissolution, or
 
18 upon any other reasonable ground.  The court shall have
 
19 jurisdiction to hear and determine the petition after notice to
 
20 all parties in interest and may order the entry of a new
 
21 certificate, the entry or cancellation of a memorandum upon a
 
22 certificate, or grant any other relief upon such terms and
 
23 conditions, requiring security if necessary, as it may deem
 

 
Page 11                                                    1983
                                     H.B. NO.           H.D. 1
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 1 proper.  This section shall not be construed to give the court
 
 2 authority to open the original decree of registration, and
 
 3 nothing shall be done or ordered by the court which impairs the
 
 4 title or other interest of a purchaser holding a certificate for
 
 5 value and in good faith, or the purchaser's heirs or assigns,
 
 6 without the purchaser's or their written consent.
 
 7      Any petition filed under this section and all petitions and
 
 8 motions filed under this chapter after original registration
 
 9 shall be filed and entitled in the original case in which the
 
10 decree of registration was entered."
 
11      SECTION 8.  This Act shall not affect rights and duties that
 
12 matured, penalties that were incurred, and proceedings that were
 
13 begun, prior to its effective date.
 
14      SECTION 9.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 10.  This Act shall take effect on July 1, 2000.