§501-51 - Reference to other judges or to master; maps, reference; subdivision; costs; etc. - Hawaii Statutes

HEARINGS AND POWERS

 

     §501-51  Reference to other judges or to master; maps, reference; subdivision; costs; etc.  If in any case an appearance is entered and answer filed, the cause shall be set down for hearing on the motion of either party, but an order of default shall first be entered against all persons who do not appear and answer, as provided in section 501-46.  If the land is located in any circuit without the island of Oahu the court may refer the cause or any part thereof (including presiding at return days referred to in sections 501-41, 501-42, 501-46) to the judge presiding in the circuit in which the land is located as part of the judge's calendar duties as judge to make record of appearances, grant continuances and to record defaults, or to hear the parties and their evidence, and make report thereof to the court.  The report of the judge to whom such reference is made has the same weight as that of a master appointed in a matter within the jurisdiction of a circuit court as set forth in sections 603-21.6, 603-21.7, and 635-14, and the judge of the land court shall proceed thereon to ratify, affirm, or modify the decision or orders performed under such reference as is proper on the record.  The reference may be revoked or modified at any time.

     The court, before granting a decree, shall require a map of the land in question to be filed.  The map may be required to show all data necessary to enable the lines thereon to be reproduced upon the ground.  The map shall also contain, or be accompanied by, such data (as survey lines or field notes) from enduring monuments, that the destruction of temporary monuments will not render it impracticable to enforce a decree based upon the map.

     The court shall require that the names, as far as known, of all occupants and owners of adjoining lands and the names, as far as known, of all occupants of the land, other than tenants of the applicant, shall be placed on the map, and that all parcels of land owned by parties, other than the applicant, situate within the exterior boundaries of applicant's land shall be marked on the ground and their boundaries defined by metes and bounds together with such easements or rights of way as may be in existence on the ground.

     Distances and functions of necessary angles must be shown definitely, not approximately.  The court may order durable bounds to be set and referred to in the application by amendment; may require additional field surveys to be made either by the department of accounting and general services or by a competent surveyor in private practice; and may issue such additional instructions in regard to surveys as it deems proper or as are called for by the rules of court.  The expenses of survey and bounds shall be taxed in the costs of the case and may be apportioned among the parties, as justice may require.  If no persons appear to oppose the application, such expenses shall be borne by the applicant.

     The court may waive in its discretion any part or all of the requirements hereof, when it deems that the interests of justice and equity require such waiver.

     The map may be referred by the court to the department of accounting and general services, which shall cause the same to be verified, making such practical check with ground monuments as to verify its accuracy, and a proper report of its findings made to the court; provided that in all cases where the State is an applicant for a registered title or in any other way directly interested in any application for a registered title, as indicated by the examiner's report thereon, the court shall refer the map to a competent surveyor in private practice who shall cause the same to be verified, making such practical check with ground monuments as to verify its accuracy and a proper report of the surveyor's findings to the court.  After a decree has been issued in favor of the State, and the land therein described has been subdivided, the certificate of the department certifying to the correctness of the map, showing the subdivision, shall be competent for all purposes of the subdivision.

     Any errors on the map filed with the application for registration or in the survey on the ground of any property proposed to be registered or already registered in the land court, which may be found by checking as provided in this section shall be corrected by and at the expense of the surveyor firm, partnership, or individual surveyor or surveyors that performed the survey for the owner. [L 1903, c 56, §36; am L 1913, c 21, §1; am L 1915, c 162, §1; RL 1925, §3225; am L 1927, c 152, §1; am L 1933, c 23, §1; RL 1935, §5030; am L 1941, c 30, §1; RL 1945, §12630; am L 1949, c 394, §1; RL 1955, §342-31; am L Sp 1959 2d, c 1, §12; HRS §501-51; am L 1972, c 91, §1(j), (k); gen ch 1985]

 

Rules of Court

 

  Masters, see RLC rules 20 to 22.

  Surveys, see Rules of the Land Court, part III.

 

Case Notes

 

  Cited as to costs, apportionment of.  32 H. 385, 386, den. reh'g of 32 H. 355.

  Cited as to requirement that map be filed.  40 H. 730, 733.