§502-84  Powers of attorney, etc.  All
articles of marriage settlement and powers of attorney for the transfer of real
property within the State shall be recorded in the bureau of conveyances, in
default of which no such instrument shall be binding to the detriment of third
parties or conclusive upon their rights and interests. [CC 1859, §1263; am L
1911, c 20, §1; am imp L 1915, c 47, §§2, 3; am L 1919, c 3, pt of §1; RL 1925,
§3171; RL 1935, §5157; RL 1945, §12757; RL 1955, §343-50; HRS §502-84; am L 1972,
c 125, §1(f)]



 



Case Notes



 



  Section inapplicable to instrument not within its terms.  8
H. 8.



  Lack of recording does not affect validity of lease as
between parties.  17 H. 87, 89.



  Purchaser at execution sale prevails as against prior deed
executed under unrecorded power of attorney even if purchaser at execution sale
had knowledge of the power of attorney.  18 H. 25.



  Unrecorded power of attorney for transfer of real estate is
valid for some purposes.  18 H. 25, 26.



  Cited:  71 F. Supp. 1, 4, aff'd 172 F.2d 384.