Bill Text: HI HB1877 | 2020 | Regular Session | Amended
Bill Title: Relating To Land Recordation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-03-16 - The hearing on this measure has been cancelled until further notice. [HB1877 Detail]
Download: Hawaii-2020-HB1877-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1877 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LAND RECORDATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that due to an overwhelming volume of timeshare transactions, Act 120, Session Laws of Hawaii 2009, was enacted to remove fee simple timeshare transactions from the land court. The legislature subsequently provided for the voluntary deregistration of fee simple, non-timeshare land through the enactment of Act 119, Session Laws of Hawaii 2013.
The legislature finds that the land court provides a systematic and logical process for the mapping and indexing of land and the recording of transactions and encumbrances on land titles, including mortgages, liens, leases, claims, and taxes. However, the legislature also finds that the land court system was designed to process single, consecutive ownership interests and not multiple, simultaneous interest in a single parcel of land. An unanticipated consequence of Act 120, Session Laws of Hawaii 2009, and Act 119, Session Laws of Hawaii 2013, is that there are no clear requirements or standards for mapping and describing of deregistered lands.
Accordingly, the purpose of this Act is to clarify the data requirements for land recordation by the bureau of conveyances on land deregistered by the land court, other than fee simple time share interests, to require a plan that includes a map and description prepared by a licensed professional surveyor.
SECTION 2. Section 501-261.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§501-261.5[]] Deregistration of registered
land other than fee time share interests.
[The] (a) To deregister
land under this chapter, the registered owner of the fee interest in
registered land [may] shall submit [a written request] the
following to the assistant registrar [to deregister the land under this
chapter.]:
(1) [Any] A
written request [for deregistration shall include] to deregister the
land, proof of title insurance in the amount of the value of the land to be
deregistered, and a written waiver of all claims against the State
relating to the title to the land arising after the date of deregistration[.
(2) Upon
presentation to the assistant registrar of a written request for deregistration
by the registered owner of the fee interest in registered land, the assistant
registrar shall not register the same, but shall:]; and
(2) A plan of the
parcel or parcels sought to be deregistered that includes a map and description
prepared by a licensed professional surveyor in accordance with sections
502-17, 502-18, and 502-19.
(b) Upon satisfactory submission of the documents
required pursuant to subsection (a), the assistant registrar shall refer the
map and description of the parcel or parcels sought to be deregistered to the
state land surveyor in the department of accounting and general services for
approval after being checked as to form and mathematical correctness but not on
the ground by the state land surveyor.
(c) Upon notification of approval by the state
land surveyor, the assistant registrar shall:
[(A)] (1)
Record in the bureau of conveyances, pursuant to chapter 502, the
current certificate of title for the fee interest in the registered land;
provided that prior thereto, the assistant registrar shall note on the
certificate of title all documents and instruments that have been accepted for
registration and that have not yet been noted on the certificate of title for the
registered land;
[(B)] (2)
Record in the bureau of conveyances, pursuant to chapter 502, the
written request for deregistration presented to the assistant registrar for
filing or recording[. The request];
provided that the written request for deregistration shall be recorded
immediately after the certificate or certificates of title; [and
(C)] (3) Cancel the certificate of title[.];
and
(4) File
in the bureau of conveyances, pursuant to chapter 502, a plan of the parcel or
parcels sought to be deregistered; provided that any plan shall be prepared in
accordance with sections 502-17, 502-18, and 502-19.
[(3) The
registrar or] (d) The assistant
registrar shall note the recordation and cancellation of the certificate of
title in the registration book and in the records of the application for
registration of the land that is the subject of the certificate of title. The notation shall state the [bureau]:
(1) Bureau of
conveyances document number for the certificate of title [so] recorded[,
the certificate];
(2) Certificate
of title number[, and the land]; and
(3) Land court
application or consolidation number, map number, and lot number for the
land that is the subject of the certificate of title [so] recorded.
[(4)] (e) The assistant registrar shall transmit the
notation of the recordation and cancellation to the registrar of the land court
and the state land surveyor.
(f) No order of court shall be required prior to or in connection with the performance of any of the foregoing actions.
(g) As used in this section, "registered land" shall not include an undivided interest in the land unless the undivided interest represents all of the remaining registered interest in the land."
SECTION 3. Section 502-11, Hawaii Revised Statutes, is amended to read as follows:
"§502-11 Entry record. The registrar shall make and keep in such
form and manner as is prescribed by the board of land and natural resources a
permanent record of the receipt of every [deed]:
(1) Deed and
instrument left for record[, every copy];
(2) Copy left
as a caution[, and every plan];
(3) Plan filed[,];
and
(4) Plan of the parcel or parcels of land deregistered pursuant to section 501-261.5;
provided that the registrar shall note on the
record, in addition to a description sufficient to identify the document and
the date and time of its receipt, [such] any other facts as [are]
prescribed by the board of land and natural resources. Every [such] document shall be
considered as recorded at the time [so] noted."
SECTION 4. Section 502-17, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) The registrar shall accept and file in the
registrar's office, upon the payment of the fee as provided in section 502-25,
any plan of land prepared in the manner prescribed by this section. Every [such] plan shall contain [a]:
(1) A short
name of the tract; [the]
(2) The name of
the ahupuaa or ili, district, and island; [such data]
(3) Data concerning
the original title of the land as may be known, together with the name of the
last owner of record and the owner's address; [the]
(4) The signature
of the licensed professional surveyor and the surveyor's address; [the]
(5) The signature
and address of the maker [and the maker's address];
(6) The date of
survey, scale, the meridian line, area, the true azimuths and lengths of
principal lines; [and the]
(7) The names
of all known adjoining owners[.]; and
(8) If the land is
deregistered pursuant to part II of chapter 501:
(A) An
application or consolidation number;
(B) A
map number;
(C) A
lot number; and
(D) The
document numbers of the canceled certificate of title.
One or more durable monuments shall be placed on the
land [which], shall connect with the government triangulation
system, and [which monuments] shall be placed as indicated on the
plan[.], unless the land is being deregistered pursuant to part II of
chapter 501. Whenever the land
platted is made up of more than one original title, it shall be necessary to
show all original title lines in [broken lines] a solid line broken
by two dots or short dashes as follows:
[........................................]
.. .. ..
(b)
The plan shall first be referred to the department of accounting and
general services of the State which shall cause the same to be checked as to
form and mathematical correctness but not on the ground. If the plan is drawn in accordance with this
section and sections 502-18 and 502-19, the department shall indorse its
approval of the plan on the face thereof, after which the plan may be filed of
record. The department shall withhold
approval of any plan until satisfied that the surveyor and maker of the plan is
a [registered] licensed professional surveyor."
2. By amending subsection (d) to read:
"(d) On receipt for recordation of a transfer or separate description document concerning a lot in a subdivision, the registrar shall accept and file the document with:
(1) A metes and bounds description, either solely or as part of the document;
(2) A county certified
plat map[; and], unless the land is being deregistered pursuant to
part II of chapter 501; and
(3) A letter from a [registered]
licensed professional surveyor, certifying that the metes and bounds
description conforms to the accompanying plat map.
The document shall otherwise comply
with the requirements for recordation under this section. Any parcel created or subdivided prior to the
effective date of the subdivision laws of the respective counties [are] is
exempt from the provisions of this subsection."
SECTION 5. Section 502-18, Hawaii Revised Statutes, is amended to read as follows:
"§502-18 Description; lot
subdivisions. A metes and bounds
description of the exterior boundaries of the parcel or parcels of land sought
to be registered as a file plan shall be written upon the plan, or printed or
typewritten on unruled good quality white paper [13] 11 inches
long by 8 1/2 inches wide[,] and shall be filed in duplicate with
the file plan[, and]. The
metes and bounds description shall be dated and signed by the licensed
professional surveyor making the field survey, or under whose supervision
the field survey was executed. If the
land sought to be registered as a file plan is being deregistered pursuant to
part II of chapter 501, the metes and bounds description shall be dated and
signed by the licensed professional surveyor making the file plan, or under
whose supervision the file plan was made.
The boundaries of the land platted shall be described as running from left
to right (clockwise) and the azimuth system shall be used in designating the
courses of the survey with zero or 360 degrees at due South; 90 degrees at due
West; 180 degrees at due North; 270 degrees at due East. Any printed or typewritten description filed
separately with the file plan shall be recorded in the registry system and the
book and page thereof noted on the file plan.
Expense of recordation shall be charged to the owner. The initial point in the description shall
clearly show the connection with the government triangulation system[, and
all]. All outside corners of
the tract shall be substantially marked by monuments in the ground, where
practicable[.], unless the land is being deregistered pursuant to
part II of chapter 501. In all cases
where tracts of land are subdivided into lots, with the intention of conveying
separate lots by lot number and reference to the plat, it is necessary to show
the true azimuths and lengths of all principal lines[,] and the
lot areas[, and a]. A
sufficient number of durable monuments shall be placed in the ground so as to
accurately identify each lot[.], unless the land is being
deregistered pursuant to part II of chapter 501. Any lands being deregistered pursuant to part
II of chapter 501 shall not subdivide or consolidate when registering as a file
plan and only contiguous parcels shall be shown on the same plan."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2050.
Report Title:
Property; Land Court Recordation; Deregistration
Description:
Clarifies the data requirements for land recordation on land deregistered by the land court other than fee simple time share interests. Effective 7/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
