PART I. 
GENERAL PROVISIONS



 



Note



 



  Sections 501-1 to 501-248 designated as part I by L 2009, c
120, §3.



 



LAND
COURT; PERSONNEL



 



§501-1  Court; jurisdiction; proceedings;
location; rules, practice, etc.  A court is established, called the land
court, which shall have exclusive original jurisdiction of all applications for
the registration of title to land and easements or rights in land held and
possessed in fee simple within the State, with power to hear and determine all
questions arising upon such applications, and also have jurisdiction over such
other questions as may come before it under this chapter, subject to the rights
of appeal under this chapter.  The proceedings upon the applications shall be
proceedings in rem against the land, and the decrees shall operate directly on
the land and vest and establish title thereto.



The court shall hold its sittings in Honolulu,
but may adjourn from time to time to such other places as the public
convenience may require.



The court shall have jurisdiction throughout
the State, and shall always be open, except on Saturdays, Sundays, and holidays
established by law.



It is a court of record, and shall cause to be
made a seal, and to be sealed therewith all orders, process, and papers made by
or proceeding from the court and requiring a seal.  All notices, orders, and
process of the court may run into any judicial circuit and be returnable as the
court may direct.



The procedure shall conform as near as may be
to the practice in the circuit courts, but subject to the express provisions of
this chapter and to general laws and rules of court.  Forms prescribed by the
court before taking effect shall be approved by the supreme court.



Upon demand for jury trial, issues shall be
framed therefor by the circuit judge to whom the case has been assigned.  No
other issues shall be presented to the jury, and a special verdict shall be
rendered.



In this chapter, except where the context
requires a different construction, the word "court" or
"judge" means the land court, the administrative judge of the circuit
court of the first circuit, civil division, or the circuit judge to whom a land
court matter is assigned pursuant to section 501-2. [L 1903, c 56, §2; am L
1913, c 21, §1; am L 1921, c 208, §1; RL 1925, §3191; RL 1935, §5000; RL 1945,
§12600; RL 1955, §342-1; HRS §501-1; am L 1972, c 91, §1(a), (b); am L 1984, c
102, §3] 



 



Cross References



 



  Conveyance tax, see chapter 247.



  Special mortgage recording fee, see §431P-16.



 



Rules of Court



 



  Generally, see Rules of the Land Court.



 



Case Notes



 



  Decree is conclusive.  402 F. Supp. 95.



  Land court is tribunal separate and distinct from circuit
court.  20 H. 699, 701; 34 H. 10, 11.  Is court of limited jurisdiction
deriving all its powers from statutes relating to it.  24 H. 298, 308, modified
on another point, 25 H. 561.  Cannot register title in favor of one other than
applicant, since land court can exercise no power not found in the statutes. 
24 H. 298, 308, modified on another point, 25 H. 561; 35 H. 254; see 37 H. 74,
95, aff'd 158 F.2d 122.



  Equity procedure, applicability of, see 21 H. 175, 178.



  Statutes control, not common law doctrine.  33 H. 343, 346.



  Land court had no jurisdiction over claims for cancellation
or rescission of agreement of sale, which are breach of contract actions.  68
H. 334, 713 P.2d 426.



  Cited:  20 H. 355, 356; 34 H. 93, 98; 35 H. 816, 822; 79 H.
56 (App.), 897 P.2d 983.



  Cited:  529 F. Supp. 2d 1206.