Report Title:

De Minimis Structure Position Discrepancies

Description:

Clarifies a property owner's responsibilities and liabilities related to improvements that intrude onto a neighboring property and are not considered encroachments or zoning violations because they fall within the de minimis structure position discrepancy tolerance law. (SB374 HD1)

THE SENATE

S.B. NO.

374

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

relating to real estate.

 

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

SECTION 1. Section 669-12, Hawaii Revised Statutes, is amended to read as follows:

"§669-12 Consequences.

(1) A de minimis structure position discrepancy shall not be considered an encroachment or a basis for a zoning violation;

(2) No de minimis structure position discrepancy authorized under this part shall be considered [as] a basis for any claim of adverse possession of land. If the wall or other improvement that is affected by the discrepancy is removed or substantially damaged or destroyed, the replacement improvement shall be constructed to comply with the most recent survey available at the time of construction of the improvement;

(3) Responsibility for maintenance and repair of an improvement within a de minimis structure position discrepancy shall be borne by the property owner [who] that constructed the improvement or, in the event that the property owner that constructed the improvement no longer owns the property in question, responsibility for maintenance and repair of the improvement within the de minimis structure position discrepancy shall be borne by the property owner's successor in interest;

(4) Liability for any claims for injuries or damages to persons or property arising out of, or in connection with, an improvement within a de minimis structure position discrepancy shall be borne by the property owner [who] that constructed the improvement or, in the event that the property owner that constructed the improvement no longer owns the property in question, liability for any claims for injuries or damages to persons or property arising out of or in connection with the improvement within the de minimis structure position discrepancy shall be borne by the property owner's successor in interest; and

(5) In the event that the property owner [who] that constructed the improvement within a de minimis structure position discrepancy is not readily identifiable, or if the property owner that constructed the improvement previously owned both of the abutting lots affected by the de minimis structure position discrepancy at the time that the improvement was constructed, then for purposes of this part, the property owner [of the] that constructed the improvement shall be determined to be the present owner of the property upon which the improvement is substantially located."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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