§501-74 - Decree, contents of. - Hawaii Statutes

     §501-74  Decree, contents of.  Every decree of registration shall bear the date of the year, day, hour, and minute of its entry, and shall be signed by the registrar.  It shall state whether the owner is married or unmarried, and if married the full name of the husband or wife.  If the owner (or spouse of the owner) has been known by more than one name, all the names of such person shall be stated.  The wife's maiden name and surname shall be stated in all cases.  If the owner is under disability it shall state the nature of the disability, and if a minor, shall state the minor's age.  It shall contain a description of the land as finally determined by the court; and shall set forth the estate of the owner, and also, in such manner as to show their relative priority, all particular estates, mortgages, easements, liens, attachments, and other encumbrances including rights of husband or wife, if any, to which the land or the owner's estate is subject; and may contain any other matter properly to be determined in pursuance of this chapter.  The decree shall be stated in a convenient form for transcription upon the certificate of title hereinafter mentioned. [L 1903, c 56, §40; RL 1925, §3230; RL 1935, §5038; RL 1945, §12638; RL 1955, §342-39; HRS §501-74; gen ch 1985; am L 1988, c 346, §2]

 

Case Notes

 

  Dower must be noted.  21 H. 431, 434; 35 H. 816.

  Surveyed description of land in decree construed same as in instrument inter partes.  23 H. 51.

  Infant, rights of after reaching majority.  41 H. 490, remanded 256 F.2d 208, modified 42 H. 661, app. dism'd 267 F.2d 449.

  Cited:  40 H. 730, 733.

  Mentioned:  75 H. 164, 858 P.2d 712.