The application shall be in writing, signed, and sworn to by the applicant or by some person duly authorized in the applicant’s behalf. If there is more than one applicant, the application shall be signed and sworn to by, or in behalf of, each. The application shall contain a description of the land, with a statement of the estate or interest of the applicant in the land. The application shall state whether the applicant is married, and if married, the name in full of the wife or husband, the time and place of marriage, and the name and office of the officer performing the marriage ceremony; and if unmarried, whether the applicant has been married, and if so, when and how the marriage relation terminated; and if by divorce, when, where, and by what court the divorce was granted. The application shall also state the name in full and the address of the applicant and also the names and addresses of the adjoining owners and occupants, if known; and if not known, the application shall state what search has been made to find them. If the applicant has been known by more than one name, the applicant shall state all of the applicant’s names in full. The application may be in form as follows:

State of Hawaii.

To the Honorable Judge of the Land Court:

I (or we), the undersigned, hereby apply to have the land herein described brought under the operation and provisions of chapter 501 of the Hawaii Revised Statutes and to have my (or our) title therein registered and confirmed as an absolute (qualified or possessory) title. And I (or we) declare:

(1) That I am (or we are) the owner (or owners) in fee simple of a certain parcel of land, with the buildings (if any, and if not, strike out the clause), situate in (here insert accurate description).
contract signature

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Terms Used In Hawaii Revised Statutes 501-23

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • filing: means to accept, maintain, and preserve all instruments required to be filed. See Hawaii Revised Statutes 501-20
  • Grantor: The person who establishes a trust and places property into it.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: means the State of Hawaii. See Hawaii Revised Statutes 501-20
(2) That the land at the last assessment for taxation was assessed at….dollars; and the buildings (if any) at….dollars.
(3) That I (or we) do not know of any mortgage or encumbrance affecting the land, or that any other person has any estate or interest therein, legal or equitable, in possession, remainder, reversion, or expectancy. (If any, add “other than as follows,” and set forth each clearly.)
(4) That I (or we) obtained title (if by deed, state name of grantor, date, and place of record, and file the deed, or state reason for not filing. If in any other way, state it).
(5) That the land is….occupied (state name in full, residence and post office address of occupant and the nature of the occupancy. If unoccupied, insert “not”).
(6) That the names in full and addresses as far as known to me (or us) of the occupants of all lands adjoining the land are as follows: (give post office address, street, and number wherever possible. If names not known, state whether inquiry has been made, and what inquiry.)
(7) That the names and addresses so far as known to me (or us) of the owners of all lands adjoining above land are as follows: (same directions as above.)
(8) That I am (or we are) married (follow literally the directions given in section 501-23.)
(9) That my (or our) full name (or names), residence and post office address are as follows:

Dated: …………

(Schedule of documents.)

…………………..

(Signature).

State of Hawaii } ss.

Dated: ……………

Then personally appeared the above named……………….known to me to be the signer (or signers) of the foregoing application, and made oath before me that the statements made therein, so far as made of the signer’s (or signers’) own knowledge, are true and, so far as made upon information and belief, that the signer (or signers) believes them to be true.

………………., Notary Public.

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