Hawaii Revised Statutes 501-154 – Writ of possession, service, time limit for registration
Terms Used In Hawaii Revised Statutes 501-154
- action: includes an administrative enforcement action by any state or county agency, board, or commission against a landowner for a land use violation or a currently unauthorized structure encroaching on public lands, including but not limited to submerged lands or lands within the shoreline, that falls, slides, or comes onto public land, or arises from or benefits an adjoining or abutting private land. See Hawaii Revised Statutes 501-151
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- judgment: includes an order or decree having the effect of a judgment. See Hawaii Revised Statutes 501-151
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
When in any action in the nature of an action of ejectment an execution or writ of possession has been issued and served by the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement’s list under section 353C-11, the sheriff, deputy sheriff, police officer, or independent civil process server shall cause a copy of the writ, with a return of the doings of the sheriff, deputy sheriff, police officer, or independent civil process server thereon, to be filed and registered within three months after the service and before the return of the writ into the clerk’s office. The plaintiff, in case the judgment was that the plaintiff was entitled to an estate in fee simple in the demanded premises, or in any part thereof, and for which execution or writ of possession issued, is thereupon entitled to the entry of a new certificate of title.