§501-132  Powers to be noted on certificate;
construction for court.  If the instrument creating or declaring a trust or
other equitable interest contains an express power to sell, mortgage, or deal
with the land in any manner, the power shall be stated in the certificate of
title by the words "with power to sell" or "with power to
mortgage", and by apt words of description in case of other powers.



No instrument transferring, mortgaging, or in
any way dealing with registered land held in trust shall be registered, unless
the power thereto enabling is expressly conferred in the instrument of trust,
or unless the judgment of a court of competent jurisdiction has construed the
instrument in favor of the power, in which case a certified copy of the
judgment may be filed or recorded with the assistant registrar who shall make
registration in accordance therewith. [L 1903, c 56, §66; RL 1925, §3255; RL
1935, §5065; RL 1945, §12665; RL 1955, §342-65; HRS §501-132; am L 1972, c 91,
§1(w); gen ch 1985; am L 1986, c 246, §12] 



 



Rules of Court



 



  Transfer in trust, see RLC rule 61.