§502-84 - Powers of attorney, etc. - Hawaii Statutes

     §502-84  Powers of attorney, etc.  All articles of marriage settlement and powers of attorney for the transfer of real property within the State shall be recorded in the bureau of conveyances, in default of which no such instrument shall be binding to the detriment of third parties or conclusive upon their rights and interests. [CC 1859, §1263; am L 1911, c 20, §1; am imp L 1915, c 47, §§2, 3; am L 1919, c 3, pt of §1; RL 1925, §3171; RL 1935, §5157; RL 1945, §12757; RL 1955, §343-50; HRS §502-84; am L 1972, c 125, §1(f)]

 

Case Notes

 

  Section inapplicable to instrument not within its terms.  8 H. 8.

  Lack of recording does not affect validity of lease as between parties.  17 H. 87, 89.

  Purchaser at execution sale prevails as against prior deed executed under unrecorded power of attorney even if purchaser at execution sale had knowledge of the power of attorney.  18 H. 25.

  Unrecorded power of attorney for transfer of real estate is valid for some purposes.  18 H. 25, 26.

  Cited:  71 F. Supp. 1, 4, aff'd 172 F.2d 384.