Report Title:

De Minimis Structure Position Discrepancies; Encroachment

Description:

Assigns the encroachment tolerance of the classified property to the encroaching unclassified property, when the unclassified property is owned or leased in common by an owner's association.

HOUSE OF REPRESENTATIVES

H.B. NO.

593

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to real estate.

 

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

SECTION 1. Section 669-11, Hawaii Revised Statutes, is amended to read as follows:

"669-11 De minimis structure position discrepancies, defined. (a) For the purposes of this part, "de minimis

structure position discrepancy" means:

(1) For commercial property, industrial property, and multi-unit residential property, 0.25 feet;

(2) For all other residential property, 0.5 feet;

(3) For agricultural property and rural property, 0.75 feet; and

(4) For conservation property, 1.5 feet;

between the location of an improvement legally constructed along what was reasonably believed to be the boundary line and the actual location of the boundary line based on the most recent survey.

(b) Property owned or leased in common by members of an owner's association but not used as "commercial property", "industrial property", "multiunit residential property", "other residential property", "agricultural property", or "rural property" shall, for purposes of this part, be subject to the de minimis structure position discrepancy tolerance of the abutting property on which the improvement is situated in part. For example, if a common ownership lot that is not being used for a commercial, industrial, multiunit residential, or other residential, agricultural or rural purpose, abuts a lot used for multiunit residential property purposes, the tolerance used to determine whether there is a de minimis structure position discrepancy shall be 0.25 feet."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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