§501-156 - Partition. - Hawaii Statutes

     §501-156  Partition.  In an action for partition of registered land, after the entry of the final judgment of partition and the acceptance of the report of the commissioners, if any, a copy of the judgment and of the return of the commissioners, certified by the clerk or registrar, as the case may be, shall be filed or recorded and registered.  Thereupon, in case the land is set off to the owners in severalty, any owner is entitled to have a certificate entered of the share set off to the owner in severalty.  In case the land is ordered by the court to be sold, the purchaser or the purchaser's assigns are entitled to have a certificate of title entered on presenting the deed of the commissioners for registration; provided that any new certificate entered in pursuance of partition proceedings, whether by way of set off or of sale, shall contain a reference to the final judgment of partition, and shall be conclusive as to the title to the same extent and against the same persons as the judgment is made conclusive by the statutes applicable thereto.  Any person holding such certificate of title or a transfer thereof may petition the court at any time to cancel the memorandum relating to the judgment and the court, after notice and hearing, may grant the application.  The certificate thereafter is conclusive in the same manner and to the same extent as other certificates of title. [L 1903, c 56, §86; RL 1925, §3275; RL 1935, §5083; RL 1945, §12683; RL 1955, §342-83; HRS §501-156; am L 1972, c 91, §1(ff); gen ch 1985; am L 1986, c 246, §19; am L 1988, c 346, §17]

 

Rules of Court

 

  New certificate of title, see RLC rule 59(p).