VOLUNTARY DEALING WITH LAND AFTER

ORIGINAL REGISTRATION

     §501-101  Voluntary dealing with registered lands.  An owner of registered land may convey, mortgage, lease, charge, or otherwise deal with the same as fully as if it had not been registered.  The owner may use forms of deeds, mortgages, leases, or other voluntary instruments like those now in use and sufficient in law for the purpose intended.  No deed, mortgage, or other voluntary instrument, except a will and a lease for a term not exceeding one year, purporting to convey or affect registered land, shall take effect as a conveyance or bind the land, but shall operate only as a contract between the parties, and as evidence of authority to the registrar or assistant registrar to make registration.  The act of registration shall be the operative act to convey or affect the land, and in all cases under this chapter the registration shall be made in the office of the assistant registrar in the bureau of conveyances, during office hours prescribed in section 502-32.  The rules of court may provide for forms of conveyances respecting registered land. [L 1903, c 56, §50; am L 1913, c 21, §1; RL 1925, §3239; RL 1935, §5049; RL 1945, §12649; RL 1955, §342-50; HRS §501-101; am L 1972, c 91, §1(t); am L 1974, c 13, §1; gen ch 1985]

Case Notes

  Cited in holding that an agreement could operate as a contract between the parties and give rise to enforceable rights, although it could not affect the title situation because not noted on certificate.  324 F. Supp. 768 (1971).

  Cited in holding that land was not subject to a trust in favor of a partnership when the trust was not noted on the certificate of title.  324 F. Supp. 768 (1971).

  Bill of sale affecting registered land must be registered to take effect as a conveyance.  58 H. 580, 574 P.2d 524 (1978).

  Unregistered instrument regarded only as a contract between the parties.  60 H. 40, 587 P.2d 294 (1978).

  Where the date of registration of the assignment of assignor's interest in the land, pursuant to this section, acted as the time of conveyance and was nearly two years after the execution of the note and mortgage, and there was nothing in the record to indicate that title was not conveyed or that there was any legally relevant defect in the assignment, the note and mortgage were properly assigned by assignor to assignee.  117 H. 506 (App.), 184 P.3d 821 (2008).

  See 33 H. 343 (1935); 39 H. 278 (1952); 44 H. 235, 246, 353 P.2d 1007 (1960); 50 H. 189, 436 P.2d 207 (1967).