THE SENATE

S.B. NO.

898

THIRTIETH LEGISLATURE, 2019

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LAND RECORDATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  In 2009, because of the overwhelming volume of timeshare transactions, the legislature enacted Act 120, Session Laws of Hawaii 2009, to remove fee simple timeshare transactions from the land court.  In 2013, the legislature provided for the voluntary deregistration of fee simple, non-timeshare land.

     The land court provides a systemic and logical process for the mapping and indexing of land and the recording of transactions and encumbrances on land titles, such as mortgagees, liens, leases, claims, and taxes.  The land court system, however, was designed to process single, consecutive ownership interests and not multiple, simultaneous interests in a single parcel of land.  An unanticipated consequence of the enacted legislation is that there are no clear requirements or standards for the mapping and describing of deregistered lands.

     The purpose of this Act is to clarify the data requirements for land recordation in the bureau of conveyances for transactions that do not involve time shares, condominiums, planned communities, or deregistration of an undivided interest in registered land to require submission of a map and description of the relevant land prepared by a licensed professional surveyor.

     SECTION 2.  Section 501-261.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§501-261.5[]]  Deregistration of registered land other than fee time share interests.  [The] (a)  To deregister land under this chapter, the registered owner of the fee interest in registered land [may] shall submit [a written request] the following to the assistant registrar [to deregister the land under this chapter.]:

     (1)  [Any] A written request [for deregistration shall include] to deregister the registered land, proof of title insurance in the amount of the value of the land to be deregistered, and a written waiver of all claims against the State relating to the title to the land arising after the date of deregistration[.]; and

     (2)  A plan of the parcel or parcels sought to be deregistered that includes a map and description prepared by a licensed professional surveyor prepared pursuant to sections 502-17, 502-18, and 502-19; provided that a plan shall not be required for:

          (A)  Deregistration of land that is part of a condominium property regime subject to chapter 514B, a time share plan subject to chapter 514E, or a planned community subject to chapter 421J; or

          (B)  Deregistration of the undivided interest in registered land.

     [(2)] (b)  Upon [presentation to the assistant registrar of a written request for deregistration by the registered owner of the fee interest in registered land,] satisfactory submission of the documents required pursuant to subsection (a), the assistant registrar shall [not register the same, but shall:] refer the map and description of the parcel or parcels sought to be deregistered to the state land surveyor in the department of accounting and general services for approval after being checked as to form and mathematical correctness but not on the ground.

     (c)  Upon notification of approval by the state land surveyor, the assistant registrar shall:

          [(A)] (1) Record in the bureau of conveyances, pursuant to chapter 502, the current certificate of title for the fee interest in the registered land; provided that prior thereto, the assistant registrar shall note on the certificate of title all documents and instruments that have been accepted for registration and that have not yet been noted on the certificate of title for the registered land;

          [(B)] (2) Record in the bureau of conveyances, pursuant to chapter 502, the written request for deregistration presented to the assistant registrar for filing or recording[.  The request], which shall be recorded immediately after the certificate or certificates of title; and

          [(C)] (3) Cancel the certificate of title[.]; and

     (4)  Record in the bureau of conveyances, pursuant to chapter 502, a plan of the parcel or parcels sought to be deregistered, prepared pursuant to sections 502-17, 502-18, and 502-19.

     [(3)] (d)  The [registrar or] assistant registrar shall note the recordation and cancellation of the certificate of title in the registration book and in the records of the application for registration of the land that is the subject of the certificate of title.  The notation shall state [the]:

     (1)  The bureau of conveyances document number for the certificate of title [so] recorded [, the];

     (2)  The certificate of title number[,]; and [the]

     (3)  The land court application number[,] or consolidation number, map number, and lot number for the land that is the subject of the certificate of title [so] recorded.

     [(4)] (e)  The assistant registrar shall transmit the notation of the recordation and cancellation to the registrar of the land court and state land surveyor.

     (f)  No order of court shall be required prior to or in connection with the performance of any of the foregoing actions."

     SECTION 3.  Section 502-11, Hawaii Revised Statutes, is amended to read as follows:

     "§502-11  Entry record.  The registrar shall make and keep in such form and manner as is prescribed by the board of land and natural resources a permanent record of the receipt of every deed and instrument left for record, every copy left as a caution, [and] every plan filed, every plan of the parcel or parcels of land deregistered pursuant to section 501-261.5, and shall note on the record, in addition to a description sufficient to identify the document and the date and time of its receipt, [such] other facts as are prescribed by the board of land and natural resources.  Every [such] document shall be considered as recorded at the time [so] noted."

     SECTION 4.  Section 502-17, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsections (a) and (b) to read:

     "(a)  The registrar shall accept and file in the registrar's office, upon the payment of the fee as provided in section 502-25, any plan of land prepared in the manner prescribed by this section.  Every [such] plan shall contain [a]:

     (1)  A short name of the tract; [the]

     (2)  The name of the ahupuaa or ili, district, and island; [such data]

     (3)  Data concerning the original title of the land as may be known, together with the name of the last owner of record and the owner's address; [the]

     (4)  The signature and address of the licensed professional surveyor [and the surveyor's address]; [the]

     (5)  The signature and address of the maker [and the maker's address];

     (6)  The date of survey, scale, the meridian line, area, the true azimuths and lengths of principal lines; [and the]

     (7)  The names of all known adjoining owners[.]; and

     (8)  If the land is deregistered pursuant to chapter 501, part II:

          (A)  A map and description prepared by a licensed professional surveyor of the parcel or parcels of land deregistered; and

          (B)  An application or consolidation number and document numbers of the canceled certificate of title.

One or more durable monuments shall be placed on the land which shall connect with the government triangulation system and which monuments shall be placed as indicated on the plan.  Whenever the land platted is made up of more than one original title, it shall be necessary to show all original title lines in broken lines as follows:

........................................

     (b)  The plan shall first be referred to the department of accounting and general services of the State which shall cause the same to be checked as to form and mathematical correctness but not on the ground.  If the plan is drawn in accordance with this section and sections 502-18 and 502-19, the department shall indorse its approval of the plan on the face thereof, after which the plan may be filed of record.  The department shall withhold approval of any plan until satisfied that the surveyor and maker of the plan is a [registered] licensed professional surveyor."

     2.  By amending subsection (d) to read:

     "(d)  On receipt for recordation of a transfer or separate description document concerning a lot in a subdivision, the registrar shall accept and file the document with:

     (1)  A metes and bounds description, either solely or as part of the document;

     (2)  A county certified plat map; and

     (3)  A letter from a [registered] licensed professional surveyor, certifying that the metes and bounds description conforms to the accompanying plat map.

     The document shall otherwise comply with the requirements for recordation under this section.  Any parcel created or subdivided prior to the effective date of the subdivision laws of the respective counties are exempt from the provisions of this subsection."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2050.

 

Report Title:

Land Recordation; Bureau of Conveyances; Deregistered Land

 

Description:

Requires submission of a map and description of the relevant land prepared by a licensed surveyor along with an application for the voluntary deregistration of land from the Land Court and recordation of title in the Bureau of Conveyances.  Exempts transactions that involve time shares, condominiums, planned communities, or deregistration of an undivided interest in registered land.  (SB898 HD1)

 

 

 

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