Hawaii Revised Statutes (HRS) 13-16-4, 6-8 (2011) defines the information required in quit claim deeds presented for recording in the regular system of land records and HRS 501-101 presents the same requirements for Land Court registration.
All signatures must be original and have the signor's name typed or printed beneath them. If the signor is known by more than one name, all aliases must be included at each place in the document where their name appears. HRS 13-16-6 states that all documents submitted for recordation must contain a reference to the original book and page or document number. In addition to the grantor's name, marital status, spouse's name (if any) and address information, HRS 13-16-7, 501-105 declare that the grantee's name, marital status, spouse's name, (if any) and address is also required. HRS 13-16-8 explains that signatures must be notarized. HRS 13-16-18 requires that a metes and bounds description of the exterior boundaries of a parcel or parcels of land presented for registration should be prepared in accordance with HRS 502-18. HRS 501-108 explains deeds for registered land must also include the certificate number of the land affected by the instrument in addition to the tax map key number.
Hawaii's document recordings for both the regular system and the Land Court are controlled and processed by a central agency: the Bureau of Conveyances.
The regular system operates under a "race-notice" recording statute, HRS 13-16-5. This means that when a deed is recorded, it is entered into the public record with the date and time of recording included as part of the official document. Therefore, a future bona fide purchaser (buyer for value, usually money) who buys property that was previously deeded to someone else who did not record the transaction, would usually prevail in any title dispute because the earlier grantee failed to provide formal notice.
The Land Court system operates under a "race" recording statute---first in time to record prevails in questions of ownership. Registered land conveyances are guaranteed by the State of Hawaii---once the documents submitted for recording are verified, the grantee receives a certificate of title. For this reason, Land Court conveyances are closely examined prior to acceptance.
Some real estate in Hawaii is classified as "dual system," which means that the quit claim deed must be presented for recordation to both the regular registrar and the Land Court.
The following requirements apply to all recording methods:
HRS 13-16-4 details some of the formatting requirements for recorded documents.
* Single-sided sheets of plain white letter sized paper (8" x 11").
* Number each page and arrange them in consecutive order, with no fasteners or attachments.
* On the first page, provide the names and addresses of all parties to the quit claim deed (grantors and grantees), the type of document, and the tax map key number.
* The top left 3" of the first page should be left blank for recording information for the registrar or assistant registrar, and the top right for the registrar of conveyances. Provide a return address, starting 1" in from the left margin, not exceeding 3" per line, and a self-addressed, stamped envelope for all documents to be mailed after recording.
* HRS 13-16-18 states that the owner is responsible for expenses associated with recording.
NOTE: If recording your deed with the land court, add the following text and information to the end of the property description: "same being registered land, for which Certificate of Title No. ________ was duly issued."
MAKE SURE TO SUBMIT YOUR QUIT CLAIM DEED TO THE CORRECT AUTHORITY. (Land Court, regular system, or dual/double system)
Deeds.com Hawaii Quit Claim Deed Forms Have Been Updated as Recently as Tuesday November 7, 2017