§501-196 - Alterations upon registration book prohibited when; court hearings; limitations. - Hawaii Statutes

AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE

 

     §501-196  Alterations upon registration book prohibited when; court hearings; limitations.  No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon, and the approval of the same by the registrar or an assistant registrar except by order of the court recorded with the assistant registrar, provided that the registrar or assistant registrar may correct any clerical error made by personnel of the registrar's or assistant registrar's office.  Any registered owner or other person in interest may at any time apply by petition to the court, upon the ground that registered interests of any description, whether vested, contingent, expectant, or inchoate have terminated and ceased; or that new interests have arisen or been created which do not appear upon the certificate; or that any error, omission, or mistake was made in entering a certificate or any memorandum thereon; or that the name of any person on the certificate has been changed; or that the registered owner has been married, or if registered as married that the marriage has been terminated; or that a corporation which owned registered land and has been dissolved has not conveyed the same within three years after its dissolution, or upon any other reasonable ground.  The court shall have jurisdiction to hear and determine the petition after notice to all parties in interest and may order the entry of a new certificate, the entry or cancellation of a memorandum upon a certificate, or grant any other relief upon such terms and conditions, requiring security if necessary, as it may deem proper.  This section shall not be construed to give the court authority to open the original decree of registration, and nothing shall be done or ordered by the court which impairs the title or other interest of a purchaser holding a certificate for value and in good faith, or the purchaser's heirs or assigns, without the purchaser's or their written consent.

     Any petition filed under this section and all petitions and motions filed under this chapter after original registration shall be filed and entitled in the original case in which the decree of registration was entered. [L 1903, c 56, §108; RL 1925, §3298; RL 1935, §5096; RL 1945, §12696; RL 1955, §342-96; HRS §501-196; gen ch 1985; am L 1988, c 346, §23; am L 2000, c 178, §7]

 

Rules of Court

 

  Alteration, see RLC rule 65.

 

Case Notes

 

  Power to cancel memorandum.  32 H. 680.

  Notice of marital status may be given under this section.  35 H. 816, 825.

  Land court's jurisdiction under section is in personam as to all interested parties properly served.  5 H. App. 304, 689 P.2d 204.

  Respondent's filing came within the purview of this statute, respondent having filed its petition for one of the purposes listed under rule 65 of the rules of the land court, and pursuant to this statute, notice to all parties in interest was required to be given; proposed amendment of their certificates would make registered owners "parties in interest" entitled to notice under this statute.  79 H. 56 (App.), 897 P.2d 983.