A Hawaii Partition Warranty Deed is a legal document used to transfer ownership rights in real estate properties located in Hawaii. This specific type of warranty deed provides an assurance to the grantee (buyer) that the granter (seller) holds clear ownership of the property and has the authority to sell it. The deed also guarantees that the property is free from any encumbrances or claims, except those specifically mentioned in the document. The Hawaii Partition Warranty Deed includes specific details about the property being transferred, such as the legal description, address, and tax map key number. It also outlines the names and addresses of the granter and grantee, confirming their agreement to the sale. Different types of Hawaii Partition Warranty Deed include: 1. General Warranty Deed: This type of warranty deed is commonly used in Hawaii and provides the most comprehensive protection to the grantee. It ensures that the seller will defend the title against any claims made by third parties, even if they arise from actions that occurred before the granter acquired the property. 2. Limited Warranty Deed: This deed offers a lesser degree of protection compared to a general warranty deed. It guarantees that the seller has not created any encumbrances on the property during their ownership tenure, but does not cover any claims arising before their ownership. 3. Quitclaim Deed: While not technically a warranty deed, a quitclaim deed can also be used in Hawaii for partitioning property ownership. It provides the least amount of protection to the grantee, as it only transfers the interest the granter holds at the time of the transfer, without any guarantee or warranty. It is important to consult with a professional, such as a real estate attorney or title agent, when dealing with Hawaii Partition Warranty Deeds to ensure the accuracy and legality of the document.
Hawaii Partition Warranty Deed
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How to fill out Hawaii Partition Warranty Deed?
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FAQ
A Partition Action is a legal proceeding where a Court orders the separation of land that is currently held by two or more persons so that they are no longer co-owners to this land.
A partition deed is a legal document used to divide a piece of property co-owned by two or more people. It is an agreement setting out the terms and conditions for dividing property and allocating the shares to each co-owner.
If you are a part owner of Hawaii real estate, and there is no written agreement prohibiting you from filing a Hawaii partition action, as discussed in another article, you are able to file a partition lawsuit in Hawaii Circuit Court requesting that the property be divided up (partition in kind), or more likely sold ( ...
In Hawaii an encroachment occurs when there is an unauthorized intrusion of a fence, wall, or cement from one property into another separately owned real estate.
What Is a Letter Warning of Partition Action? Before commencing a partition action, the party who wants to divide their interest in the property may send a letter warning of partition action. This provides a formal notice to the other owners of potential legal action.
The purpose of a partition proceeding is to eliminate a present concurrent interest in the same property so that each owner may enjoy and possess their interest in severalty. Partitions may be compulsory (judicial) or voluntary. Property can always be partitioned by consent of the owners.
Pursuant to §668 of Title 36 of the Hawaii Code, a co-owner may file a partition action with the circuit court in the county where the property is located. Both joint tenants and tenants in common have the right to pursue partition, which essentially terminates the co-owner relationship.