Hawaii Legal Description and Well or Unit Information
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FAQ
Signing Requirements: Hawaii Revised Statutes § 502-41: The grantor must sign in the presence of a notary public. Recording Requirements: Hawaii Revised Statutes § 502-31: All quitclaim deeds are filed with the Hawaii Land Court or the Bureau of Conveyances.
While anyone in the world can buy property in Hawaii, non-Hawaii residents will be subject to a tax of 7.25% on the sale price, when and if they sell the property, under the Hawaii Real Property Tax Law, or HARPTA.
The Land Court has exclusive original jurisdiction over all applications for the registration of title to land easements or rights in land held and possessed in fee simple within the State, with power to hear and determine all questions arising upon the applications.
Land Court in Hawaii is a ?race? system, and sometimes referred to as a ?Torrens? system of land registration. Only a few states have this kind of recording statute.
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.
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.
Do you own the land when you buy a house in Hawaii? In most cases, a single-family homeowner in Hawaii owns the land the home sits on. However, always check the listing to be sure, because if a property is listed as a ?leasehold,? the owner will not own the land.
Q: What is the difference between Land Court and Regular System? A: Regular System serves to give 'notice that a document is on public record. Land Court System provides State certification for the ownership of a property. Property is in Land Court if it was registered with the State at some point since the 1900's.
For filing by mail you must submit: 1) a cover letter; 2) the original signed petition and at least two complete copies including all attachments thereto; 3) three self-addressed postages pre-paid envelopes (SASE) Envelopes should be at least 9? x 12? and display your return address.
