§501-1 - Court; jurisdiction; proceedings; location; rules, practice, etc. - Hawaii Statutes

PART I.  GENERAL PROVISIONS

 

Note

 

  Sections 501-1 to 501-248 designated as part I by L 2009, c 120, §3.

 

LAND COURT; PERSONNEL

 

     §501-1  Court; jurisdiction; proceedings; location; rules, practice, etc.  A court is established, called the land court, which shall have exclusive original jurisdiction of all applications for the registration of title to land and easements or rights in land held and possessed in fee simple within the State, with power to hear and determine all questions arising upon such applications, and also have jurisdiction over such other questions as may come before it under this chapter, subject to the rights of appeal under this chapter.  The proceedings upon the applications shall be proceedings in rem against the land, and the decrees shall operate directly on the land and vest and establish title thereto.

     The court shall hold its sittings in Honolulu, but may adjourn from time to time to such other places as the public convenience may require.

     The court shall have jurisdiction throughout the State, and shall always be open, except on Saturdays, Sundays, and holidays established by law.

     It is a court of record, and shall cause to be made a seal, and to be sealed therewith all orders, process, and papers made by or proceeding from the court and requiring a seal.  All notices, orders, and process of the court may run into any judicial circuit and be returnable as the court may direct.

     The procedure shall conform as near as may be to the practice in the circuit courts, but subject to the express provisions of this chapter and to general laws and rules of court.  Forms prescribed by the court before taking effect shall be approved by the supreme court.

     Upon demand for jury trial, issues shall be framed therefor by the circuit judge to whom the case has been assigned.  No other issues shall be presented to the jury, and a special verdict shall be rendered.

     In this chapter, except where the context requires a different construction, the word "court" or "judge" means the land court, the administrative judge of the circuit court of the first circuit, civil division, or the circuit judge to whom a land court matter is assigned pursuant to section 501-2. [L 1903, c 56, §2; am L 1913, c 21, §1; am L 1921, c 208, §1; RL 1925, §3191; RL 1935, §5000; RL 1945, §12600; RL 1955, §342-1; HRS §501-1; am L 1972, c 91, §1(a), (b); am L 1984, c 102, §3] 

 

Cross References

 

  Conveyance tax, see chapter 247.

  Special mortgage recording fee, see §431P-16.

 

Rules of Court

 

  Generally, see Rules of the Land Court.

 

Case Notes

 

  Decree is conclusive.  402 F. Supp. 95.

  Land court is tribunal separate and distinct from circuit court.  20 H. 699, 701; 34 H. 10, 11.  Is court of limited jurisdiction deriving all its powers from statutes relating to it.  24 H. 298, 308, modified on another point, 25 H. 561.  Cannot register title in favor of one other than applicant, since land court can exercise no power not found in the statutes.  24 H. 298, 308, modified on another point, 25 H. 561; 35 H. 254; see 37 H. 74, 95, aff'd 158 F.2d 122.

  Equity procedure, applicability of, see 21 H. 175, 178.

  Statutes control, not common law doctrine.  33 H. 343, 346.

  Land court had no jurisdiction over claims for cancellation or rescission of agreement of sale, which are breach of contract actions.  68 H. 334, 713 P.2d 426.

  Cited:  20 H. 355, 356; 34 H. 93, 98; 35 H. 816, 822; 79 H. 56 (App.), 897 P.2d 983.

  Cited:  529 F. Supp. 2d 1206.