§501-212  Actions for compensation for fraud, mistake, etc.  Any person who, without negligence on the person's part, sustains loss or damage, or is deprived of land or of any estate or interest therein, after the original registration of land under this chapter, by the registration of any other person as owner of such land, or of any estate or interest therein, through fraud, or in consequence of any error, omission, mistake, or misdescription in any certificate of title or in any entry of memorandum in the registration book, may prosecute a contract claim in the circuit court for the recovery of compensation for such loss or damage or for such land or estate, or interest therein; provided that when the person deprived of land or of any estate, or interest therein, in the manner above stated, has a remedy for the recovery of the land or of the estate, or interest therein, the person shall exhaust this remedy before resorting to the contract claim herein provided.  Nothing in this chapter shall be construed to deprive the plaintiff of any tort claim which the plaintiff may have against any person for loss or damage, or deprivation of land, or of any estate or interest therein.  If the plaintiff elects to pursue the plaintiff's tort claim and also the plaintiff's contract claim under this chapter, the contract claim shall be continued to await the result of the tort claim or shall be deemed alternative thereto. [L 1903, c 56, §96; RL 1925, §3286; am L 1932 2d, c 33, §2; RL 1935, §5099; RL 1945, §12699; RL 1955, §342-99; HRS §501-212; am L 1972, c 91, §1(mm); gen ch 1985]

Case Notes

  Relocation of seaward boundary of land.  402 F. Supp. 95 (1975).

  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).

  Although plaintiffs-mortgagors sought a putative class action for wrongful foreclosure of mortgages against defendant-mortgagee and claimed that under this section, plaintiffs-mortgagors could not be deprived of a tort claim,  plaintiffs-mortgagors failed to file their claims prior to the land court's entry of new transfers of certificate of title, as required under section 501-118.  342 F. Supp. 3d 1029 (2018).

  Cited:  50 H. 201, note 6, 436 P.2d 752 (1968).