§501-212  Actions for compensation for
fraud, mistake, etc.  Any person who, without negligence on the person's
part, sustains loss or damage, or is deprived of land or of any estate or
interest therein, after the original registration of land under this chapter,
by the registration of any other person as owner of such land, or of any estate
or interest therein, through fraud, or in consequence of any error, omission,
mistake, or misdescription in any certificate of title or in any entry of
memorandum in the registration book, may prosecute a contract claim in the
circuit court for the recovery of compensation for such loss or damage or for
such land or estate, or interest therein; provided that when the person
deprived of land or of any estate, or interest therein, in the manner above
stated, has a remedy for the recovery of the land or of the estate, or interest
therein, the person shall exhaust this remedy before resorting to the contract
claim herein provided.  Nothing in this chapter shall be construed to deprive
the plaintiff of any tort claim which the plaintiff may have against any person
for loss or damage, or deprivation of land, or of any estate or interest
therein.  If the plaintiff elects to pursue the plaintiff's tort claim and also
the plaintiff's contract claim under this chapter, the contract claim shall be
continued to await the result of the tort claim or shall be deemed alternative
thereto. [L 1903, c 56, §96; RL 1925, §3286; am L 1932 2d, c 33, §2; RL 1935,
§5099; RL 1945, §12699; RL 1955, §342-99; HRS §501-212; am L 1972, c 91,
§1(mm); gen ch 1985]



 



Case Notes



 



  Relocation of seaward boundary of land.  402 F. Supp. 95.



  Infant, rights of after reaching majority.  41 H. 490,
remanded 256 F.2d 208, modified 42 H. 661, app. dism'd 267 F.2d 449.



  Cited:  50 H. 201, note 6, 436 P.2d 752.