Revision Note
"Sections 501-241 to 501-248" substituted for "chapter 501, part ".
Case Notes
Whatever equitable rights may be possessed by holder of unregistered encumbrance, they cannot be asserted against holder of certificate of title. 50 H. 189, 436 P.2d 207.
Knowledge of unregistered encumbrance does not disqualify holder of certificate of title from protection against it. 50 H. 189, 436 P.2d 207.
"Good faith" of purchaser. See 33 H. 343; 35 H. 816; 37 H. 270; 44 H. 235, 248, 353 P.2d 1007; 44 H. 365, 367-68, 355 P.2d 40, aff'g 44 H. 147, 355 P.2d 40; 50 H. 189, 436 P.2d 207.
Unauthorized city and county deed, effect of. 44 H. 365, 367-68, 355 P.2d 40, aff'g 44 H. 147, 355 P.2d 40.
Whether holder of equitable right may, by registration, cut off equities which otherwise would be superior, raised but not decided. 44 H. 235, 247, 353 P.2d 1007.
Maintenance of city and county sewer line across premises is required to be noted as an "encumbrance." 50 H. 189, 436 P.2d 207.
Dower must be noted. 21 H. 431, 434; 35 H. 816.
Purchaser of lease noted on certificate of title holds free of unregistered sublease. 33 H. 343.
Encumbrances which need not be noted: Third paragraph, relating to highways, construed. 31 H. 787, 789, aff'd 61 F.2d 896. See 39 H. 514. Relating to private ways, construed. 40 H. 730. Fifth paragraph, relating to statutory liens, construed. 31 H. 446.
One who takes a certificate of title to registered land for value and in good faith holds land free of all encumbrances except those noted on the certificate and enumerated in statute. 58 H. 580, 574 P.2d 524.
City condemning registered land may invoke the same rights and protections regarding the registered land as may be invoked by a private land purchaser. 60 H. 40, 587 P.2d 294.
Reference to height restriction on transfer certificate of title within document identified as a "consent" deemed to be insufficient notation of an encumbrance under this section; because height restriction was never explicitly and separately noted on 1988 transfer certificate of title, defendant-appellant was entitled to hold lot free from such restriction. 75 H. 370, 862 P.2d 1048.
Cited: 41 H. 490, 497, remanded 256 F.2d 208, modified 42 H. 661, app. dism'd 267 F.2d 449; 74 H. 85, 839 P.2d 10.