Report Title:

De Minimis Structure Position Discrepancy

Description:

Defines "de minimis structure position discrepancies", and clarifies that the tolerance used to determine whether or not an encroachment falls within the statute is determined by the use of the affected abutting lot. (SD1)

THE SENATE

S.B. NO.

374

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

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 in common by members of an owner's association but not specifically used as "commercial property", "industrial property", "multi-unit residential property", "other residential property", "agricultural property", or "rural property", for purposes of this part, shall be subject to the de minimus 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 purpose readily identifiable as a commercial, industrial, multi-unit residential, other residential, agricultural, or rural purpose, abuts a lot used for multi-unit residential property purposes, the tolerance used to determine whether there is a de minimus structure position discrepancy shall be 0.25 feet."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2099.