VOLUNTARY
DEALING WITH LAND AFTER



ORIGINAL
REGISTRATION



 



§501-101  Voluntary dealing with registered
lands.  An owner of registered land may convey, mortgage, lease, charge, or
otherwise deal with the same as fully as if it had not been registered.  The owner
may use forms of deeds, mortgages, leases, or other voluntary instruments like
those now in use and sufficient in law for the purpose intended.  No deed,
mortgage, or other voluntary instrument, except a will and a lease for a term
not exceeding one year, purporting to convey or affect registered land, shall
take effect as a conveyance or bind the land, but shall operate only as a
contract between the parties, and as evidence of authority to the registrar or
assistant registrar to make registration.  The act of registration shall be the
operative act to convey or affect the land, and in all cases under this chapter
the registration shall be made in the office of the assistant registrar in the
bureau of conveyances, during office hours prescribed in section 502-32.  The
rules of court may provide for forms of conveyances respecting registered land.
[L 1903, c 56, §50; am L 1913, c 21, §1; RL 1925, §3239; RL 1935, §5049; RL
1945, §12649; RL 1955, §342-50; HRS §501-101; am L 1972, c 91, §1(t); am L
1974, c 13, §1; gen ch 1985] 



 



Case Notes



 



  Cited in holding that an agreement could operate as a
contract between the parties and give rise to enforceable rights, although it
could not affect the title situation because not noted on certificate.  324 F.
Supp. 768.



  Cited in holding that land was not subject to a trust in
favor of a partnership when the trust was not noted on the certificate of
title.  324 F. Supp. 768.



  Bill of sale affecting registered land must be registered to
take effect as a conveyance.  58 H. 580, 574 P.2d 524.



  Unregistered instrument regarded only as a contract between
the parties.  60 H. 40, 587 P.2d 294.



  See 33 H. 343; 39 H. 278; 44 H. 235, 246, 353 P.2d 1007; 50
H. 189, 436 P.2d 207. 



  Where the date of registration of the assignment of
assignor's interest in the land, pursuant to this section, acted as the time of
conveyance and was nearly two years after the execution of the note and
mortgage, and there was nothing in the record to indicate that title was not
conveyed or that there was any legally relevant defect in the assignment, the
note and mortgage were properly assigned by assignor to assignee.  117 H. 506
(App.), 184 P.3d 821.