§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)]

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

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

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

This section originally applied, as well, to chattel mortgages and agreements of adoption. For cases relating thereto, see note to RLH 1955, §§343-50, 343-51.