DECREES

     §501-71  Decree of registration; conditional when; quieting title, exceptions; reopened when.  (a)  If the court after a hearing finds that the applicant, at the time of filing an application, or subsequently, had title, as stated in the application, that the title is proper for registration, and that since filing the application, the title of the applicant has not been encumbered in any manner, then a decree of confirmation and registration as prayed for shall be entered.

     (b)  If the court finds that the applicant, at the time of filing an application, or subsequently, had title, as stated in the application, that the title is proper for registration, and that subsequent to the filing of the application, the title has been encumbered, then the title shall be registered subject to the encumbrances so found.

     (c)  If the court finds that the applicant, at the time of filing an application, or subsequently, had title, as stated in the application, that the title is proper for registration, and that subsequent to filing the application, the applicant has conveyed away all or any portion or portions of the premises or interest therein sought to be registered, then a decree of confirmation and registration shall be entered, covering the entire premises, confirming title in the applicant and the person or persons deriving their title through the applicant, to the premises or interest in accordance with the applicant's or their respective true ownership of the whole or any portion or portions thereof or interest therein at the time of filing the decree, and subject to all encumbrances affecting all or any portion thereof.

     (d)  Every decree of registration of absolute title shall bind the land, and quiet the title thereto, subject only to the exceptions stated in section 501-82.  It shall be conclusive upon and against all persons, including the State, whether mentioned by name in the application, notice, or citation, or included in the general description "to all whom it may concern".  The decree shall not be opened by reason of the absence, infancy, or other disability of any person affected thereby, nor by any proceeding for reversing judgments or decrees, except that any person deprived of land or of any estate or interest therein by a decree of registration obtained by fraud may file a petition for review within one year after the entry of the decree, unless an innocent purchaser for value has acquired an interest.  If there is any such purchaser, the decree of registration shall not be opened but shall remain in full force and effect forever, subject only to the right of appeal herein provided.  Any person aggrieved by the decree in any case may pursue remedy by action of tort against the applicant or any other person for fraud, in procuring the decree.

     (e)  Deregistration pursuant to part II of this chapter shall not alter or revoke the conclusive nature or effect of a decree of registration, which shall continue to quiet the title to the deregistered land as to all claims arising prior to the date and time of deregistration of the land, except claims as would not otherwise be barred under this chapter if the lands were not registered. [L 1903, c 56, pt of §38; RL 1925, pt of §3228; am L 1927, c 258, §7; RL 1935, pt of §5037; RL 1945, pt of §12637; RL 1955, pt of §342-38; HRS §501-71; am L 2006, c 38, §13; am L 2009, c 120, §6; am L 2012, c 121, §3; am L 2013, c 119, §4]

Law Journals and Reviews

  For comparison of procedures under this chapter and quiet title statute, see Adverse Possession Against Unknown Claimants Under Land Court and Quiet Title Procedures. II HBJ, no. 2, at 4 (1964).

Case Notes

  Rights vest as of date of decree of registration.  402 F. Supp. 95 (1975).

  Decree bars action for reformation of deed though land court ruled it could not hear question.  20 H. 355 (1911).

  Decree quiets title as against a respondent who, after filing claim, withdraws and consents that decree be entered in favor of applicant.  31 H. 357 (1930).

  Infant, rights of after reaching majority.  41 H. 490 (1956), remanded 256 F.2d 208 (1958), modified 42 H. 661 (1958), app. dism'd 267 F.2d 449 (1959).

  Applicant has burden of establishing its title.  50 H. 507, 444 P.2d 909 (1968).

  Decree does not freeze seaward boundary, it being subject to erosion.  55 H. 176, 517 P.2d 57 (1973).

  In construing a land court decree, court held "along high water mark" prevails over distances and azimuths as measure of title line.  57 H. 585, 562 P.2d 771 (1977).

  Cited:  29 H. 232, 233 (1926); 34 H. 93, 99 (1937); 35 H. 816, 822 (1941); 37 H. 270, 277 (1945).