HEARINGS
AND POWERS



 



§501-51  Reference to other judges or to
master; maps, reference; subdivision; costs; etc.  If in any case an
appearance is entered and answer filed, the cause shall be set down for hearing
on the motion of either party, but an order of default shall first be entered
against all persons who do not appear and answer, as provided in section
501-46.  If the land is located in any circuit without the island of Oahu the
court may refer the cause or any part thereof (including presiding at return
days referred to in sections 501-41, 501-42, 501-46) to the judge presiding in
the circuit in which the land is located as part of the judge's calendar duties
as judge to make record of appearances, grant continuances and to record
defaults, or to hear the parties and their evidence, and make report thereof to
the court.  The report of the judge to whom such reference is made has the same
weight as that of a master appointed in a matter within the jurisdiction of a
circuit court as set forth in sections 603-21.6, 603-21.7, and 635-14, and the
judge of the land court shall proceed thereon to ratify, affirm, or modify the
decision or orders performed under such reference as is proper on the record. 
The reference may be revoked or modified at any time.



The court, before granting a decree, shall
require a map of the land in question to be filed.  The map may be required to
show all data necessary to enable the lines thereon to be reproduced upon the
ground.  The map shall also contain, or be accompanied by, such data (as survey
lines or field notes) from enduring monuments, that the destruction of
temporary monuments will not render it impracticable to enforce a decree based
upon the map.



The court shall require that the names, as far
as known, of all occupants and owners of adjoining lands and the names, as far
as known, of all occupants of the land, other than tenants of the applicant,
shall be placed on the map, and that all parcels of land owned by parties,
other than the applicant, situate within the exterior boundaries of applicant's
land shall be marked on the ground and their boundaries defined by metes and
bounds together with such easements or rights of way as may be in existence on
the ground.



Distances and functions of necessary angles
must be shown definitely, not approximately.  The court may order durable
bounds to be set and referred to in the application by amendment; may require
additional field surveys to be made either by the department of accounting and
general services or by a competent surveyor in private practice; and may issue
such additional instructions in regard to surveys as it deems proper or as are
called for by the rules of court.  The expenses of survey and bounds shall be
taxed in the costs of the case and may be apportioned among the parties, as
justice may require.  If no persons appear to oppose the application, such
expenses shall be borne by the applicant.



The court may waive in its discretion any part
or all of the requirements hereof, when it deems that the interests of justice
and equity require such waiver.



The map may be referred by the court to the
department of accounting and general services, which shall cause the same to be
verified, making such practical check with ground monuments as to verify its
accuracy, and a proper report of its findings made to the court; provided that
in all cases where the State is an applicant for a registered title or in any
other way directly interested in any application for a registered title, as
indicated by the examiner's report thereon, the court shall refer the map to a
competent surveyor in private practice who shall cause the same to be verified,
making such practical check with ground monuments as to verify its accuracy and
a proper report of the surveyor's findings to the court.  After a decree has
been issued in favor of the State, and the land therein described has been
subdivided, the certificate of the department certifying to the correctness of
the map, showing the subdivision, shall be competent for all purposes of the
subdivision.



Any errors on the map filed with the
application for registration or in the survey on the ground of any property
proposed to be registered or already registered in the land court, which may be
found by checking as provided in this section shall be corrected by and at the
expense of the surveyor firm, partnership, or individual surveyor or surveyors
that performed the survey for the owner. [L 1903, c 56, §36; am L 1913, c 21,
§1; am L 1915, c 162, §1; RL 1925, §3225; am L 1927, c 152, §1; am L 1933, c
23, §1; RL 1935, §5030; am L 1941, c 30, §1; RL 1945, §12630; am L 1949, c 394,
§1; RL 1955, §342-31; am L Sp 1959 2d, c 1, §12; HRS §501-51; am L 1972, c 91,
§1(j), (k); gen ch 1985]



 



Rules of Court



 



  Masters, see RLC rules 20 to 22.



  Surveys, see Rules of the Land Court, part III.



 



Case Notes



 



  Cited as to costs, apportionment of.  32 H. 385, 386, den.
reh'g of 32 H. 355.



  Cited as to requirement that map be filed.  40 H. 730, 733.