§501-85  Substitution, one certificate for
several, several for one; subdivisions, maps.  A registered owner of
several distinct parcels of land covered by one certificate of title may, with
the approval of the court, have that certificate of title canceled and separate
certificates entered for portions thereof.  A registered owner of two or more
distinct parcels of land, which are contiguous, or which are so adjacent
(although separated by a roadway or stream or other strip of land) as to form
one lot of land for practical use, may with like approval and by a decree of
the court, have that certificate canceled and a single original certificate for
the whole, or separate certificates for subdivisions thereof, entered in place
of the canceled certificates; provided that if any person or persons other than
the registered owner appear to have an interest in any part of the premises
proposed to be consolidated, or in any intervening roadway, stream, or strip of
land as aforesaid, the court shall not entertain the application for
consolidation unless the other person or persons join with the owner in the
application, signing and acknowledging the same in the same manner as provided
for original applications, or unless the person or persons if not joining in
the application have been given notice thereof and an opportunity to be heard
as shall be ordered by the court.



Any owner proposing to combine two or more
parcels of land, or to subdivide any registered land, shall file with the court
an application therefor, together with a map or plan showing the proposed
combination or subdivision and accurately delineating thereon all boundaries,
streets, passageways, and other easements connected therewith.  The court,
before approving the same, and authorizing the issuance of any new certificate
or certificates thereon, shall cause the same to be verified by the department
of accounting and general services and be satisfied that the same are
accurately represented, and that the applicant has complied with the laws and
regulations covering subdivisions in the county concerned, applicable thereto.
[L 1903, c 56, §44; am L 1923, c 196, §1; RL 1925, §3234; RL 1935, §5044; am L
1939, c 242, §10; RL 1945, §12644; am L 1949, c 222, §13; am L 1951, c 271, §3;
RL 1955, §342-45; am L Sp 1959 2d, c 1, §12; HRS §501-85; am L 1972, c 91,
§1(s); am L 1988, c 346, §5]



 



Rules of Court



 



  Subdivisions, see RLC rule 15; consolidations, see RLC rule
27; maps, see RLC rules 104, 106.



 



Case Notes



 



  Easements of ingress and egress, creation of by subdivision
map filed in land court.  34 H. 881; 39 H. 608.  See 37 H. 270. Dedication of
streets, 39 H. 514.



  Whenever and however court is notified that any person other
than registered owner has any interest in the premises sought to be
consolidated, court cannot proceed unless such person joins in the petition or
is given an opportunity to be heard.  54 H. 276, 506 P.2d 1.



  Where State objected to highwater mark shown on map of lands
sought to be consolidated, State should have been granted standing as party. 
54 H. 276, 506 P.2d 1.



  Land court acted prematurely by approving consolidation and
resubdivision before county laws were complied with.  66 H. 354, 662 P.2d 206.