ADVERSE
CLAIMS AFTER ORIGINAL REGISTRATION



 



§501-186  Registration of adverse claims;
notice; hearing; costs.  Whoever claims any right or interest in registered
land adverse to the registered owner arising subsequent to the date of original
registration may, if no other provision is made in this chapter for registering
the same, make a statement in writing setting forth fully the alleged right or
interest, and how or under whom acquired, and a reference to the volume and
page of the certificate of title of the registered owner, and a description of
the land in which the right or interest is claimed.  The statements shall be
signed and sworn to, and shall state the adverse claimant's residence, and
designate a place at which all notices may be served upon the adverse
claimant.  This statement is entitled to registration as an adverse claim, and
the court, upon the petition of any party in interest, may require an approved
bond to be filed for the payment of double costs if so taxed, and shall grant a
speedy hearing upon the question of the validity of the adverse claim, and
shall enter such decree thereon as justice and equity may require.  If the
claim is adjudged to be invalid or the bond is not filed, the registration
shall be canceled.  If in any case the court, after notice and hearing, finds
that the claim thus registered was frivolous or vexatious, it may tax the
adverse claimant double costs. [L 1903, c 56, §106; RL 1925, §3296; RL 1935,
§5094; RL 1945, §12694; RL 1955, §342-94; HRS §501-186; am L 2006, c 38, §15]



 



Cross References



 



  Vexatious litigants, see chapter 634J.



 



Case Notes



 



  Referred to:  44 H. 235, 246, 353 P.2d 1007.



  Federal court, based on the language of §501-1, was without
jurisdiction to rule on defendant's motion to expunge as it related to
plaintiffs' notice of adverse claim.  529 F. Supp. 2d 1206.