§501-154  Writ of possession, service, time limit for registration.  [Section effective until December 31, 2023.  For section effective January 1, 2024, see below.]  When in any action in the nature of an action of ejectment an execution or writ of possession has been issued and served by the sheriff, deputy sheriff, police officer, or independent civil process server from the department of public safety's list under section 353C-11, the sheriff, deputy sheriff, police officer, or independent civil process server shall cause a copy of the writ, with a return of the doings of the sheriff, deputy sheriff, police officer, or independent civil process server thereon, to be filed and registered within three months after the service and before the return of the writ into the clerk's office.  The plaintiff, in case the judgment was that the plaintiff was entitled to an estate in fee simple in the demanded premises, or in any part thereof, and for which execution or writ of possession issued, is thereupon entitled to the entry of a new certificate of title. [L 1903, c 56, §83; RL 1925, §3272; RL 1935, §5081; RL 1945, §12681; RL 1955, §342-81; HRS §501-154; am L 1972, c 91, §1(dd); gen ch 1985; am L 2013, c 116, §§2, 25(1); am L 2015, c 101, §4; am L 2021, c 41, §2]

     §501-154  Writ of possession, service, time limit for registration.  [Section effective January 1, 2024.  For section effective until December 31, 2023, see above.]  When in any action in the nature of an action of ejectment an execution or writ of possession has been issued and served by the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11, the sheriff, deputy sheriff, police officer, or independent civil process server shall cause a copy of the writ, with a return of the doings of the sheriff, deputy sheriff, police officer, or independent civil process server thereon, to be filed and registered within three months after the service and before the return of the writ into the clerk's office.  The plaintiff, in case the judgment was that the plaintiff was entitled to an estate in fee simple in the demanded premises, or in any part thereof, and for which execution or writ of possession issued, is thereupon entitled to the entry of a new certificate of title. [L 1903, c 56, §83; RL 1925, §3272; RL 1935, §5081; RL 1945, §12681; RL 1955, §342-81; HRS §501-154; am L 1972, c 91, §1(dd); gen ch 1985; am L 2013, c 116, §§2, 25(1); am L 2015, c 101, §4; am L 2021, c 41, §2; am L 2022, c 278, §17]

Note

  The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.

Case Notes

  Ejectment as remedy for removal of unregistered sewer line.  35 H. 225, 230 (1939); 50 H. 189, 436 P.2d 207 (1967).

  Necessity of describing the area unlawfully occupied, see 35 H. 225, 228 (1939).