§501-72  Types of nonabsolute title. 
Possessory title.  When a possessory title only is required, the applicant may
be registered as the owner of the fee simple on giving such evidence of actual
bona fide possession and of title, and serving such notices, if any, as may
from time to time be ordered by the court.  The registration of any person as
first registered owner of land with a possessory title only shall not affect or
prejudice the enforcement of any estate, right, or interest adverse to or in derogation
of the title of the first registered owner, and subsisting or capable of
arising at the time of the registration of the owner; but, save as aforesaid,
shall have the same effect as registration of a person with an absolute title.



Qualified title.  When an absolute title has
been applied for, and on examination of title it appears to the court that the
title can be established only for a limited period or subject to certain
reservations, or upon application claiming such a qualified title, the court,
on the application of the party applying to be registered, may except from the
effects of registration, by an order included in the court's decree, any
estate,right, or interest arising before a specified date; or arising under a
specified instrument; or otherwise particularly described in the decree.



A title registered subject to an excepted
estate, right, or interest, shall be called a qualified title.  The
registration of a person as first registered owner of land with a qualified
title shall have the same effect as the registration of a person with an
absolute title, save that registration with a qualified title shall not affect
or prejudice the enforcement of any estate, right, or interest appearing by the
register to be excepted. [L 1903, c 56, pt of §38; RL 1925, pt of §3228; RL
1935, pt of §5037; RL 1945, pt of §12637; RL 1955, pt of §342-38; HRS §501-72;
gen ch 1985]



 



Case Notes



 



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