§171-97 - Definition. - Hawaii Statutes

PART IV.  RELATING TO EXISTING HOMESTEAD RIGHTS;

CONTINUATION THEREOF AND REMOVAL OF CERTAIN RESTRICTIONS

 

     §171-97  Definition.  As used in this part:

     "Cash freehold" means a right of possession to land under an agreement called a freehold agreement under section 73 of the Hawaiian Organic Act;

     "Certificate of occupation" means an instrument preliminary to a homestead lease, giving the applicant possession of land;

     "Freeholder" means a person holding land under a freehold agreement;

     "Homestead lease" means a lease of land made for a term of nine hundred and ninety-nine years, under provisions of law which were repealed by section 3 of Joint Resolution 12, Session Laws of 1949, ratified by the Congress of the United States by the Act of September 1, 1950 (64 Stat. 572);

     "Occupier" means a person entitled to the possession of land under a certificate of occupation. [L 1962, c 32, pt of §2; Supp, §103A-91; HRS §171-97]

 

Case Notes

 

Decisions under prior law.

  To reside on premises and to continuously maintain a home thereon do not mean the same thing.  Residing is all that the statute requires.  19 H. 1.  However residence must be in good faith to establish a home.  21 H. 104.

  Cultivation of premises must be done by freeholder not another.  An agreement that another may enter the freehold to grow and harvest constitutes an assignment.  21 H. 104.

  L 1929, c 160 only applies prospectively.  35 H. 550.

  Deed of homestead land under prior law to citizen son of alien who furnished consideration, trust for other children.  49 H. 62, 412 P.2d 326.