§657-33  Action accrues when.  In the
construction of this part, the right to make an entry or commence an action,
shall be deemed to have first accrued at the following times:



(1)  When any person is disseised, his right of entry
or action shall be deemed to have accrued at the time of the disseisin.



(2)  When he claims as heir or devisee of one who died
seised, his right shall be deemed to have accrued at the time of the death,
unless there is an estate by the curtesy or in dower, or some other estate intervening
after the death of such ancestor or devisor, in which case his right shall be
deemed to have accrued when the intermediate estate shall expire, or when it
would have expired by its own limitation.



(3)  Where there is such an intermediate estate, and
in all other cases, where a party claims in remainder, or reversion, his right
so far as it is affected by the limitation herein prescribed, shall be deemed
to accrue when the intermediate or precedent estate would have expired by its
own limitation, notwithstanding any forfeiture thereof, for which he might have
entered at an earlier time.



(4)  Paragraph (3) shall not prevent any person from
entering, when entitled to do so, by reason of any forfeiture or breach of
condition, but if he claims under such a title, his right shall be deemed to
have accrued when the forfeiture was incurred or condition broken.



(5)  In the cases not otherwise specially provided
for, the right shall be deemed to have accrued when the claimant, or the person
under whom he claims, first became entitled to the possession of the premises
under the title upon which the entry or action is founded. [L 1870, c 22, §3;
RL 1925, §2659; RL 1935, §3930; RL 1945, §10441; RL 1955, §241-32; HRS §657-33]



 



Case Notes



 



  Remaindermen and life tenants.  18 H. 625, aff'd 222 U.S.
285.



  Entry means entry by claimant personally as well as entry
through another.  54 H. 489, 510 P.2d 93.



  Cited:  19 H. 602, 605; 19 H. 681, 683.