PART IV.Ā RELATING TO EXISTING HOMESTEAD RIGHTS;

CONTINUATIONTHEREOF AND REMOVAL OF CERTAIN RESTRICTIONS

 

Ā§171-97Ā  Definition.Ā  As used in thispart:

"Cash freehold" means a right ofpossession to land under an agreement called a freehold agreement under section73 of the Hawaiian Organic Act;

"Certificate of occupation" means aninstrument preliminary to a homestead lease, giving the applicant possession ofland;

"Freeholder" means a person holdingland under a freehold agreement;

"Homestead lease" means a lease ofland made for a term of nine hundred and ninety-nine years, under provisions oflaw which were repealed by section 3 of Joint Resolution 12, Session Laws of1949, ratified by the Congress of the United States by the Act of September 1,1950 (64 Stat. 572);

"Occupier" means a person entitled tothe possession of land under a certificate of occupation. [L 1962, c 32, pt ofĀ§2; Supp, Ā§103A-91; HRS Ā§171-97]

 

Case Notes

 

Decisions under prior law.

Ā  To reside on premises and to continuously maintain a homethereon do not mean the same thing.Ā  Residing is all that the statuterequires.Ā  19 H. 1.Ā  However residence must be in good faith to establish ahome.Ā  21 H. 104.

Ā  Cultivation of premises must be done by freeholder notanother.Ā  An agreement that another may enter the freehold to grow and harvestconstitutes an assignment.Ā  21 H. 104.

Ā  L 1929, c 160 only applies prospectively.Ā  35 H. 550.

Ā  Deed of homestead land under prior law to citizen son ofalien who furnished consideration, trust for other children.Ā  49 H. 62, 412P.2d 326.