ยง501-21 - Registration application; by whom made.
ยง501-21ย Registration application; by whom
made.ย Application for registration of title may be made by:
(1)ย The persons who claim, singly or collectively, to
own the legal estate or easements or rights in land held and possessed in fee
simple, either as a whole or as owner or owners of an undivided part;
(2)ย The persons who claim, singly or collectively, to
have the power of appointing or disposing of the legal estate or easements or
rights in land held and possessed in fee simple, either as a whole or as owners
of an undivided part;
(3)ย Infants and other persons under disability, by
their legally appointed guardians;
(4)ย A corporation by its proper officer or by an
agent duly authorized by the board of directors;
(5)ย An unincorporated nonprofit association by a
person authorized in a statement of authority recorded in the office of the
assistant registrar of the land court or with the registrar of conveyances in
the bureau of conveyances;
(6)ย Any personal representative duly appointed by the
proper probate court, and duly authorized so to do by an order of court.ย For
the purpose of registering title, such representative shall be a trustee of any
title registered for the heirs of the estate, and be subject to the decree of
distribution of the court of probate; and
(7)ย Any political subdivision of the State by its
mayor, after resolution duly passed by its council so directing; the State, by
the board of land and natural resources; or the government of the United States
by any proper officer thereof thereunto duly authorized.
The basis for determining the fees payable in
the registration of the easements and rights above stated shall, instead of the
assessed valuation, be the value of the same as found by the land court and
instead of the fee for examination of title chargeable under section 501-218,
the fee shall be the actual amount allowed by the court to the examiner
therefor.
The provisions relative to the registration and
conveyance of registered land shall apply to the registration and conveyance of
easements and rights. [L 1903, c 56, ยง19; am L 1907, c 43, ยง2; am L 1913, c
126, ยง1; am L 1921, c 208, ยง2; RL 1925, ยง3208; RL 1935, ยง5012; RL 1945, ยง12612;
am L 1953, c 126, ยง1; RL 1955, ยง342-13; am L Sp 1959 2d, c 1, ยง21; am L 1961, c
132, ยง2; HRS ยง501-21; am L 1972, c 91, ยง1(d); am L 1976, c 200, pt of ยง1; am L
2000, c 178, ยง2]
Law Journals and Reviews
ย For comparison of procedures under this chapter and quiet
title statute, see Adverse Possession Against Unknown Claimants Under Land
Court and Quiet Title Procedures.ย 2 HBJ, Dec 1964, at 4.