DECREES



 



§501-71  Decree of registration; conditional
when; quieting title, exceptions; reopened when.  (a)  If the court after a
hearing finds that the applicant, at the time of filing an application, or
subsequently, had title, as stated in the application, that the title is proper
for registration, and that since filing the application, the title of the
applicant has not been encumbered in any manner, then a decree of confirmation
and registration as prayed for shall be entered.



(b)  If the court finds that the applicant, at
the time of filing an application, or subsequently, had title, as stated in the
application, that the title is proper for registration, and that subsequent to
the filing of the application, the title has been encumbered, then the title
shall be registered subject to the encumbrances so found.



(c)  If the court finds that the applicant, at
the time of filing an application, or subsequently, had title, as stated in the
application, that the title is proper for registration, and that subsequent to
filing the application, the applicant has conveyed away all or any portion or
portions of the premises or interest therein sought to be registered, then a
decree of confirmation and registration shall be entered, covering the entire
premises, confirming title in the applicant and the person or persons deriving
their title through the applicant, to the premises or interest in accordance
with the applicant's or their respective true ownership of the whole or any
portion or portions thereof or interest therein at the time of filing the
decree, and subject to all encumbrances affecting all or any portion thereof.



(d)  Every decree of registration of absolute
title shall bind the land, and quiet the title thereto, subject only to the
exceptions stated in section 501-82.  It shall be conclusive upon and against
all persons, including the State, whether mentioned by name in the application,
notice, or citation, or included in the general description "to all whom
it may concern".  The decree shall not be opened by reason of the absence,
infancy, or other disability of any person affected thereby, nor by any
proceeding for reversing judgments or decrees, except that any person deprived
of land or of any estate or interest therein by a decree of registration
obtained by fraud may file a petition for review within one year after the
entry of the decree, unless an innocent purchaser for value has acquired an
interest.  If there is any such purchaser, the decree of registration shall not
be opened but shall remain in full force and effect forever, subject only to
the right of appeal herein provided.  Any person aggrieved by the decree in any
case may pursue remedy by action of tort against the applicant or any other
person for fraud, in procuring the decree.



(e)  Deregistration pursuant to sections 501-261
to 501-269 shall not alter or revoke the conclusive nature or effect of a
decree of registration, which shall continue to quiet the title to the
deregistered land as to all claims arising prior to the recording of the
certificate of title pursuant to section 501-261, except claims as would not
otherwise be barred under this chapter if the lands were not registered. [L
1903, c 56, pt of §38; RL 1925, pt of §3228; am L 1927, c 258, §7; RL 1935, pt
of §5037; RL 1945, pt of §12637; RL 1955, pt of §342-38; HRS §501-71; am L
2006, c 38, §13; am L 2009, c 120, §6]



 



Law Journals and Reviews



 



  For comparison of procedures under this chapter and quiet
title statute, see Adverse Possession Against Unknown Claimants Under Land
Court and Quiet Title Procedures.  2 HBJ, Dec 1964, at 4.



 



Case Notes



 



  Rights vest as of date of decree of registration.  402 F.
Supp. 95.



  Decree bars action for reformation of deed though land court
ruled it could not hear question.  20 H. 355.



  Decree quiets title as against a respondent who, after filing
claim, withdraws and consents that decree be entered in favor of applicant.  31
H. 357.



  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.



  Applicant has burden of establishing its title.  50 H. 507,
444 P.2d 909.



  Decree does not freeze seaward boundary, it being subject to
erosion.  55 H. 176, 517 P.2d 57.



  In construing a land court decree, court held "along
high water mark" prevails over distances and azimuths as measure of title
line.  57 H. 585, 562 P.2d 771.



  Cited:  29 H. 232, 233; 34 H. 93, 99; 35 H. 816, 822; 37 H.
270, 277.