§501-85  Substitution, one certificate for several, several for one; subdivisions, maps.  A registered owner of several distinct parcels of land covered by one certificate of title may, with the approval of the court, have that certificate of title canceled and separate certificates entered for portions thereof.  A registered owner of two or more distinct parcels of land, which are contiguous, or which are so adjacent (although separated by a roadway or stream or other strip of land) as to form one lot of land for practical use, may with like approval and by a decree of the court, have that certificate canceled and a single original certificate for the whole, or separate certificates for subdivisions thereof, entered in place of the canceled certificates; provided that if any person or persons other than the registered owner appear to have an interest in any part of the premises proposed to be consolidated, or in any intervening roadway, stream, or strip of land as aforesaid, the court shall not entertain the application for consolidation unless the other person or persons join with the owner in the application, signing and acknowledging the same in the same manner as provided for original applications, or unless the person or persons if not joining in the application have been given notice thereof and an opportunity to be heard as shall be ordered by the court.

     Any owner proposing to combine two or more parcels of land, or to subdivide any registered land, shall file with the court an application therefor, together with a map or plan showing the proposed combination or subdivision and accurately delineating thereon all boundaries, streets, passageways, and other easements connected therewith.  The court, before approving the same, and authorizing the issuance of any new certificate or certificates thereon, shall cause the same to be verified by the department of accounting and general services and be satisfied that the same are accurately represented, and that the applicant has complied with the laws and regulations covering subdivisions in the county concerned, applicable thereto. [L 1903, c 56, §44; am L 1923, c 196, §1; RL 1925, §3234; RL 1935, §5044; am L 1939, c 242, §10; RL 1945, §12644; am L 1949, c 222, §13; am L 1951, c 271, §3; RL 1955, §342-45; am L Sp 1959 2d, c 1, §12; HRS §501-85; am L 1972, c 91, §1(s); am L 1988, c 346, §5]

Rules of Court

  Subdivisions, see RLC rule 15; consolidations, see RLC rule 27; maps, see RLC rules 104, 106.

Case Notes

  Easements of ingress and egress, creation of by subdivision map filed in land court.  34 H. 881 (1939); 39 H. 608 (1952).  See 37 H. 270 (1945).  Dedication of streets, 39 H. 514 (1952).

  Whenever and however court is notified that any person other than registered owner has any interest in the premises sought to be consolidated, court cannot proceed unless such person joins in the petition or is given an opportunity to be heard.  54 H. 276, 506 P.2d 1 (1973).

  Where State objected to highwater mark shown on map of lands sought to be consolidated, State should have been granted standing as party.  54 H. 276, 506 P.2d 1 (1973).

  Land court acted prematurely by approving consolidation and resubdivision before county laws were complied with.  66 H. 354, 662 P.2d 206 (1983).