PART IV.  RECORDING



 



Note



 



  Sections 502-31 to 502-34 designated as part IV and part
heading amended by L 2009, c 102, §2(5).



 



§502-31  Recording, method.  (a)  The
registrar shall make or cause to be made an entire literal copy of all
instruments, with their original signatures, required to be recorded in the
registrar's office, and the registrar, the registrar's deputy, or clerk shall
certify its correspondence with the original, after which the registrar, the
registrar's deputy, or clerk shall certify upon the exterior, or indorse upon
the recorded instrument with the original signature, the date of its registry
and the document number.



(b)  The registrar, for purposes of the general
indexes of the bureau of conveyances, shall use the names of the parties as
they first appear in the recorded instrument.  All names of all natural persons
signing in their individual capacity shall be typewritten, stamped, legibly
printed by hand, or by a mechanical or electrical printing method beneath all
signatures.  The provisions of this subsection shall not apply to any deed or
conveyance instrument executed prior to July 1, 1989.



(c)  The registrar or the registrar's deputy
may refuse to accept for record any document of a size larger than eight and
one-half inches by eleven inches, or which contains a schedule or inventory
sheet in excess of such size.



(d)  This section shall apply to all
instruments presented for recording in the bureau of conveyances, unless
otherwise provided by rules adopted by the department of land and natural
resources, pursuant to chapter 91.



(e)  All instruments to be recorded shall
include the original signature and the top three and one-half inches of space
of the first page shall be reserved for recording information for the assistant
registrar on the left half of such space, and for the registrar of conveyances
on the right half of such space.  The following one inch of space shall be
reserved for information showing to whom the document should be returned
beginning one and one-half inch from the left margin and not exceeding three
and one-half inches per line.  In addition, the first page shall identify and
include, if possible, all names of the grantors and all names and addresses of
the grantees, the type of document, and the tax map key number.  Indorsements,
if any, may be made on a conforming fly sheet.  No papers or materials, written
or otherwise, shall be secured or attached to a page in any manner that may
conceal any other written text.  If an instrument consists of more than one
page, each page shall be single-sided sheets of written text numbered
consecutively, beginning with number one, and shall be stapled once in the
upper left corner.  No instrument shall have a cover or backer attached.  The
registrar of conveyances shall be permitted to remove any rivets affixed to any
instrument.  The registrar may refuse to accept all instruments, papers, or
notices presented for recordation that will not reproduce legibly under
photographic, electronic, or electrostatic methods.  Notwithstanding any other
law to the contrary, the registrar may accept an electronic instrument in lieu
of an original instrument with original signatures subject to the requirements
set forth in rules adopted by the department of land and natural resources consistent
with this section and chapter 489E. [CC 1859, §1261; am L 1905, c 7, §1; RL
1925, §3143; am L 1931, c 45, §1; RL 1935, §5130; RL 1945, §12730; am L 1945, c
241, §3; RL 1955, §343-21; am L 1961, c 86, §2; am L 1963, c 107, §4; am L
1966, c 26, §5; am L 1977, c 150, §1; HRS §502-31; gen ch 1985; am L 1989, c
47, §9; am L 1992, c 87, §12 and c 197, §8; am L 1995, c 22, §5; am L 2001, c
130, §3; am L 2009, c 120, §13]



 



Case Notes



 



  Recordation of bill of sale affecting title to realty charges
others with notice to ascertain the condition of such title.  58 H. 580, 574
P.2d 524.