Hawaii General Right of Way Instrument

State:
Multi-State
Control #:
US-EAS-32
Format:
Word; 
Rich Text
Instant download

Description

Allows for a non-exclusive right of way servitude and easement for a stated purpose. Allows for a non-exclusive right-of-way, servitude and easement for a stated purpose.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

"De Minimis" Encroachment A "de minimis structure position discrepancy" is where a structure extends onto the adjoining property by no more than: For commercial, industrial, and multi-unit residential property - 0.25 feet. For all other residential property - 0.5 feet. For agricultural and rural property - 0.75 feet.

(b) An owner of a tree shall be civilly liable for actual damages caused by the tree, including an overhanging branch or protruding root, to property, except for plant life; provided that the owner knows or should have known that the tree constitutes a danger.

Q Get a copy of my deed? You can search for a deed at the Bureau of Conveyances (BOC) official public records search site. For additional questions, please contact the BOC at (808) 587-0154.

(a) A person who alleges the existence of a private nuisance due to excessive noise may bring a civil action for appropriate injunctive relief, or actual damages, or both within two years after the occurrence of the alleged violation of this part.

An easement gives one party the right to use the property of another party for a specific purpose. This is known as an affirmative easement.

Because it is so common, the State of Hawai`i enacted what is commonly referred to as the ?De Minimis? encroachment statute. This law allows structure position discrepancies (encroachments) to exist up to . 5 foot on residential properties.

A: Encroachment Agreements and Party Wall Agreements are types of written documents entered into between owners of neighboring properties. They are usually entered into in response to a land survey indicating that a wall or other improvement crosses the boundary line between two properties.

The deed or assignment of lease must be signed (in black ink) by the current owner and the new owner before a notary public. The deed or assignment of lease must be recorded in the State of Hawaii Bureau of Conveyances or Land Court. A Conveyance Tax Certificate must be filed and any tax due must be paid.

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Hawaii General Right of Way Instrument