§501-186 - Registration of adverse claims; notice; hearing; costs. - Hawaii Statutes

ADVERSE CLAIMS AFTER ORIGINAL REGISTRATION

 

     §501-186  Registration of adverse claims; notice; hearing; costs.  Whoever claims any right or interest in registered land adverse to the registered owner arising subsequent to the date of original registration may, if no other provision is made in this chapter for registering the same, make a statement in writing setting forth fully the alleged right or interest, and how or under whom acquired, and a reference to the volume and page of the certificate of title of the registered owner, and a description of the land in which the right or interest is claimed.  The statements shall be signed and sworn to, and shall state the adverse claimant's residence, and designate a place at which all notices may be served upon the adverse claimant.  This statement is entitled to registration as an adverse claim, and the court, upon the petition of any party in interest, may require an approved bond to be filed for the payment of double costs if so taxed, and shall grant a speedy hearing upon the question of the validity of the adverse claim, and shall enter such decree thereon as justice and equity may require.  If the claim is adjudged to be invalid or the bond is not filed, the registration shall be canceled.  If in any case the court, after notice and hearing, finds that the claim thus registered was frivolous or vexatious, it may tax the adverse claimant double costs. [L 1903, c 56, §106; RL 1925, §3296; RL 1935, §5094; RL 1945, §12694; RL 1955, §342-94; HRS §501-186; am L 2006, c 38, §15]

 

Cross References

 

  Vexatious litigants, see chapter 634J.

 

Case Notes

 

  Referred to:  44 H. 235, 246, 353 P.2d 1007.

  Federal court, based on the language of §501-1, was without jurisdiction to rule on defendant's motion to expunge as it related to plaintiffs' notice of adverse claim.  529 F. Supp. 2d 1206.